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#3
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06-14-2013, 09:26 PM
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Re: Victim of "Stand Your Ground" Law
Here is some info I found online about this case, and it took me a minute to realize the photos were of the victim of the assault, Mike Lindsey, and not the person he was charged with killing. On the twenty-seventh day of July, 2010 Mike Lindsey was at his home of Pearl, Rankin County Mississippi. According to the police report made by officer Hugh Johnson, David Knapp, a 261 pound male, 32 years old came to Michael's home armed with beer bottles. Knapp was Michael's neighbor, accompanied by his girlfriend Shannon Few and another neighbor's son, Steven Booth.He banged on the Defendants door, calling him, shouting "I am going to kick the mother fucker's ass" to. He called Mike Lindsey to come outside. Michael came outside. From this point on, I do not know what the facts are. I do not know what happened, who struck who first, what was said or what the fight was about. What I do know is that David Knapp broke one of the bottles over the Michaels head, and started stabbing him in the face with the broken bottle. After Knapp gravely assaulted Lindsay, Lindsay begged someone to call 911. His roomate Reggie Tisdale refused to call 911, according to a witness, because he did not want anyone to go to jail. The Defendant Lindsay went into his home to retrieve a phone to call 911. Bleeding, and unable to find his phone, he knew that he had to get medical attention. Lindsay grabbed a kitchen knife, and went back outside. Lindsay thought Knapp attacked his roommate as well. He was injured pretty badly at this point, so I do not know how clear Lindsay's thinking was at the time. The fight started anew. Again, I do not know who assaulted who first this time around. Lindsay stabbed Knapp one single time in the side. Knapp did not survive his injuries, he died soon after. Knapp was much younger, larger and stronger than Lindsay. The altercation happened outside, and still on Lindsay's property which means, pursuant M.C.A. § 97-3-15. Lindsay had the right to stand his ground. Lindsay had no duty to retreat. I learned of this case from Bill Windsor's Documentary Film, Lawless America. I was told, that these images of Lindsay stabbed, beaten and bloody were taken by the police. The Prosecution hid these images. They were not released, the jury never saw them, and Lindsay was convicted of manslaughter. He is now serving a twenty year prison sentence. The State's position is that Lindsay should have stayed in his home. He should not have come back onto the patio to fight the assailant. Self defense means that a person should use just enough force, and no more than necessary, to protect themselves from a life threatening situation. The laws on self defense vary from one state to another. You are allowed to use reasonable physical force to protect yourself from imminent physical injury. You can only use that physical force to stop the threat of harm. From the legal perspective, when Lindsay was in the house, he was not in imminent danger anymore. Some states, like Mississippi, have Castle laws. These laws don't require you to retreat if you're in your home and an intruder threatens serious bodily injury or death. You're allowed to use deadly force to "protect your castle." Lindsay's property (house, patio,front yard, driveway) are all his Castle. It follows, that he should not have been expected to retreat. (an argument never presented to the jury) Moreover, he had reasonable fear that Knapp would harm his roommate. What we know about Knapp is that he was a big man, a convicted felon and already assaulted Lindsay. One stab wound in the side, is not enough to tell me that Lindsay desired Knapp's death. He wanted to disable Knapp, preventing Knapp, who was still on his property, from causing further harm to himself or his roommate. |
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#5
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06-14-2013, 09:49 PM
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Re: Victim of "Stand Your Ground" Law
This happened back in July, 2008. Those pics are of the victim who defended himself. Apparently, he was charged with murder or something, even though the aggressor went to the victims house to kick the victims ass. Forcing the victim to defend himself. First time I ever heard of this case. More info here: http://www.mississippi-justice.com/MichaelLindsey.html |
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#8
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06-14-2013, 10:38 PM
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Re: Victim of "Stand Your Ground" Law
Looks like the primary source of his bleeding can be trace to a fairly significant laceration on the top of his forehead, just below the hairline. It almost looks as if he was in the process of getting scalped by his attacker. Without knowing anything else about this case, I'm surprised that either no motion to appeal has occurred or that any such appeals would be denied. In legal terms, I had thought the prosecution must present evidence to the defense during the discovery process, including exculpatory evidence. Then again, I am not a lawyer and I don't know all, or at least the most pertinent facts of this case. |
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#9
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06-15-2013, 03:41 AM
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Re: Victim of "Stand Your Ground" Law
By law in FL you can't go outside to confront your attacker. You have to stay inside and call the law. If the aggressor breaks in there is no longer a duty to retreat and you can blow their fucking head off. |