More on the Scott Case

The picture Confederate Yankee is painting in his latest update is one of poor training. It sounds to me like nearly everyone involved made a mistake, and that this shooting was a result of poor training, and poor execution on that training.

As I said before, I think this shooting looks to be legally justified based on all the information so far, but that doesn’t mean it had to happen this way.

UPDATE: I should point out that “doesn’t mean it had to happen this way,” means the inevitable civil suit that will come out of this is going to be a doozie.

Mexican Mayors Against Criminals

Well, I have to give credit to the mayors of Mexico, they recognize that the real solution to solving crime is to get criminals off the streets. Unfortunately, their solution isn’t much better than the ideas out of the gun control groups – they don’t want us deporting them back to Mexico. Well, they would be open to the idea, but only if it’s not to their towns. I guess they know how to get their NIMBY on down there, too.

A coalition of Mexican mayors has asked the United States to stop deporting illegal immigrants who have been convicted of serious crimes in the U.S. to Mexican border cities, saying the deportations are contributing to Mexican border violence, FOXNews.com reported Wednesday.

Ciudad Juarez Mayor Jose Reyes blamed U.S. deportation policy for contributing to his city’s violence, saying that of the 80,000 people deported to Juarez in the past three years, 28,000 had U.S. criminal records — including 7,000 convicted rapists and 2,000 convicted murderers.

Amazing how every problem they have in Mexico can be so easily blamed on our domestic polices. We send people back when they are here illegally and we allow our citizens to protect their lives with arms, so clearly, we’re to blame for Mexican violence. What would happen if their government would look at who is really to blame? You know, those actually committing the violence with illegally obtained weapons. Via Wyatt.

Tax Refunds

A few years ago Tennessee passed a law requiring you to pay taxes on illegal controlled substances. The law was ruled unconstitutional. Now it seems that a few thousand people may be owed tax refunds after paying their crack taxes. Ain’t America grand?

More in the Scott Case

From Confederate Yankee. Here’s an interesting observation from his account of the inquest:

One of the fundamental questions in this case is whether any Costco employee actually asked Scott to leave the store and if so, his response to that request. It is reasonable to believe that if anyone representing Costco had asked Scott to leave at any time, the police would have noted it and the prosecutor would have been sure to secure such testimony, but thus far, this does not seem to be the case. Considering the very negative thrust of the other evidence presented to Scott’s detriment, if such evidence, of an angry, armed man refusing a lawful order to leave the premises existed, surely it would have been made public at the inquest, but it has not.

I should note that there’s a difference between “legally justified” and “the guy got what was coming to him.” This is looking like the former case. This shooting didn’t need to happen, and I think mistakes were made on all sides that night. There are also, certainly, very legitimate criticisms of this inquest process. But if you put me on a jury, and every witness says he made a move for a gun, and they find the gun, even in its holster, near the guy, my vote is that the cops walk. I don’t expect them to note the difference between a gun in its holster, and a gun out of its holster. The question, legally, is what the cops reasonably believed was going to happen, not what actually happened.

Scott Case Looking More Like a Justified Shooting

Unless you believe there are multiple individuals who are all involved in a conspiracy to cover up the improper death of a person, Erik Scott isn’t turning out to be any kind of poster child. Generally speaking, if you buy the notion that most people will do the right thing most of the time (which is really what allowing carry is based on), that rules out broad conspiracies. Based on the Las Vegas Sun story on the inquest:

Dr. Alane Olson, a medical examiner in the Clark County Coroner’s Office, testified that Scott had a number of drugs in his system when he died. The levels of morphine and xanax found by a toxicology screen conducted after his death were very high and potentially lethal, she said. The levels also indicated that he had likely built up a tolerance to the drugs over time, she said.

This includes testimony from multiple doctors who said he had an issue, with even his most sympathetic doctor agreeing he was trying to wean him off narcotics. While this doesn’t have a whole lot of bearing on how things actually went down, and while there’s still conflicting statements from witnesses, but they all seem to agree on this:

Every one testified they saw Erik move his right hand towards his waist. It gets unclear as a few recall him pulling his gun out; pictures show the gun never left its holster.

There more here. I’m not sure it really matters if he drew or not. All witnesses seem to agree he made a move for his waist, and he was known to be armed. So far there have been more than twenty witnesses. I think we should be careful about drawing conclusions, and playing armchair jury. I certainly don’t absolve myself of jumping to conclusions here, in suggesting it looks liked it could be a civil rights lawsuit. So far, this is looks like a justifiable shooting on the part of the officers.

Shooting Rampage

In Germany. Gun ban activists are calling on the government to ban all firearms. They are at the end game in Germany. Apparently the attack included matches and gasoline as well, and police aren’t sure which killed some of the victims. I guess anti-gun activists in Germany are fine with people being burned to death.

Looks Like a Civil Rights Suit

I haven’t commented on the story on the concealed carry holder who was gunned down by Las Vegas police, until all the details came out, but it’s looking like the police definitely have some problems with their story. To be sure, when the guy was confronted by a store employee about the gun, he should have responded by saying “Oh, I didn’t realized guns weren’t allowed in here,” and taken his business elsewhere. But being shot is typically not the penalty for trespassing. Facts and statements made about the incident conflict, and on the surface it appears to me he was likely given conflicting commands by the officers, and was attempting to disarm himself. Normally, this would be something that should be sorted out by a jury in a criminal trial. At least that’s how it would be handled if it were a civilian shooting. But will it go that far? At the least, there will probably be a civil rights lawsuit.

Bryan Lentz Gets His Poster Child

I’m sure Lentz, who is running for Sestak’s old seat in Pennsylvania’s 7th Congressional District, thinks this murder in Philadelphia shows the need to remove the so-called “Florida Loophole,” but the reality is it’s another example of the City of Philadelphia’s utter failure to prosecute criminals. Make no mistake, Marqus Hill is not the kind of person who should possess, much less carry a gun. But in this country, we can’t deprive people of rights without due process, and this scumbag, thanks to the City, never got the process he was most decidedly due.

NBC 10 is also reporting on this, and notes that he was acquitted of attempted murder. This is not true. I have his record here. In 2005, he was arrested for attempted murder, aggravated assault, terroristic threats, carrying firearms without a license, simple, assault and reckless endangerment. All these, save terroristic threats, are listed as being “Held for Court,” meaning that the City District Attorney has still not brought an “Information.” In other words, he’s had a preliminary hearing, and a judge has determined there’s sufficient evidence to hold the matter, and await the prosecutors office to bring formal charges. Except the City has yet to bring charges on the matter.

Not only that, but in 2008, as they mention, he assaulted a police officer, which is aggravated assault in Pennsylvania, a felony. That charge was dismissed for lack of evidence. He was also charged with Simple Assault, resisting arrest, and disorderly conduct for the same incident. He was found guilty of disorderly conduct, and beat the other charges. One wonders how you can have lack of evidence for such a charge, since you would imagine all it would take is a cop saying, “Yes, he punched me while I was trying to arrest him,” but that’s what happened.

In short the city missed one clear, blatant opportunity to make this guy a prohibited person, and appears to have missed a second opportunity in 2008. Florida does a background check on every applicant, but that requires that the person actually be convicted of something. Philadelphia, with Brian Lentz’s help, is successfully deflecting blame for their own failings onto the backs of law abiding gun owners, rather than addressing the real problem, which is the City’s inability or unwillingness to get tough on criminals. Marqus Hill is a poster boy alright, but not for changing our guns laws.

Classics: The Myth of Man The Killer

I’ve been looking for a while for a way to work Eric S. Raymond’s “The Myth of Man The Killer” into a post here, and finally decided to make a post dedicated to it. Go, read, I’ll be here when you get back. The article he links to (Natural Killers —Turning the Tide of Battle) is worth reading as well.

I once read (and I can’t for the life of me find it again) that one of the reasons that humans are “so vicious” is that we don’t have any body language for “dominance” or “submission”, and must therefore express same with words or fists. Balderdash, with extra balder and double dash. Labrat and Stingray can and have gone into the whys and wherefores of humans not having the same sort of fixed social roles as a pack-oriented preferentially-carnivorous quadruped, domesticated or wild, but anyone who has seen almost any form of human social confrontation or other interaction(which apparently does not include ivory-tower academics) can quickly pick up on the nonverbal cues of hierarchy. The “naturally aggressive” either settle down, find a channel, or are eliminated from society; they don’t long continue with their antisocial behavior in a functional society. This has always been the case, as any student of historycan tell you. When this hasn’t happened, there has been a breakdown of social order, and those cases have been both notable and remarkable.

Somalia, in fact, is often used by the anti-gun debaters as an example of what happens where everyone is armed; “naturally”, chaos and brutality result. But the warlords of Somalia and their men are pikers compared to the mercenaries of John, Count of Tilly and the rest of the men who rampaged across the German states for half a lifetime; and they lived in a period where firearms were unreliable and expensive, almost unavailable to the general populace. The fighting of the Thirty Years War acted as a filter, pulling out and concentrating the “natural killers” by the most brutal and efficient process possible – combat in the early gunpowder era. The killers of Somalia, by contrast, are tribesmen, who don’t practice disciplined war with a sideline of oppression, but oppression without discipline. Warfare in tribal cultures has been characterized as two lines of men chanting insults at each other, then flinging javelins at the opposing line and retiring to tell lies about their bravery. “Modern” tribals can often be seen doing the “modern” equivalent – emptying a couple of magazines in the general direction of the other side, and then retiring to tell lies about their bravery.

The great massacres of history have generally been performed upon unarmed victims, by men “just doing their job”, or, as in the case of Germany in the 17th century, gangs of men who have been selected for their ferocity and sociopathy. Somalia is an anarchy, true, but death rides a single horse, not a mechanical combine, there. I’d be interested in seeing exactly how common firearms are among the general populace – I suspect it’s not as much as They would like you to think. Good luck getting that information, though…

I am going to make a claim that the religiously anti-gun people will reflexively deny – that we could arm every adult man and woman not ineligible for reasons of mental impairment, incorrigible violence, or habitual intoxicant, and the rate of antisocietal violence against others would either not change or go down. This shouldn’t be shocking to most of the regular readers here, as we’ve tried that experiment across the country; but let me explain for the people in the back there (say “Hi”. MikeB…)

Let’s start with the premise laid down by ESR and MAJ Pierson – that the vast majority of people are not violent by nature and, if they are to become so, must be made so by careful and prolonged work. Even for many of the naturally violent persons, they can, if allowed or directed, become functional and productive members of civil society (there are jobs that need them). Let us add the second premise, that most people are by nature abiding of the laws and rules necessary for civil society. This can be easily seen to be true, as we live in a functional civil society (more or less). Per ESR and MAJ Pierson, the naturally violent are less likely than most to obey laws and rules. Thus, laws and rules against possession of arms are less likely to be obeyed by the ones most likely to use them inappropriately. As laws tend toward more restrictions on arms, the functional members of society will be less likely to be armed, and the violent ones relatively more likely to retain their arms.

Firearms are, overall, the most efficient and deadly form of personal armament we know of. Certain other arms are more efficient in tight niches, and certain forms of firearm are more efficient than others in various roles, but overall, the firearm is the ultimate in personal armament. Nothing combines the ease of use, simplicity, portability, and effective range of a firearm. In particular, the physical requirements to successfully use a firearm are low. Grade school children can and are taught every day to use firearms safely and effectively, under adult supervision. “God made man, Samuel Colt (replace with JMB, Gaston Glock, &c, as your personal devotions require) made them equal.” Any firearm can be used by someone with one functioning hand, arm, and eye; and there exist firearms that are used by quadriplegics. (Oddly enough, I know this because NJ issued a Firearms ID and a hunting permit to a quadriplegic. NJ leads the nation in disabled firearms owners, I guess). The disparities of height, weight, strength, etc are erased. This leads to a diminished ability for the naturally violent (who are disproportionately young, strong, and more fit) to dominate the older, weaker, and less fit.

As restrictions on arms (and particularly firearms) are loosened, more of the naturally societal persons acquire them, but they are disinclined to use them antisocially. Firearms may be the most efficient weapon, available, but they are far from the only one available. As more of society is armed, the would-be committer of anti-social violence has to factor in the larger chance of death or injury in a confrontation with another person. Even if he discounts this factor, he has a larger chance of encountering death or injury in his antisocial games.

If he does kill a member of functional society, well, unjustified homicide the crime that is unacceptable. There’s a reason that more often than not, a mystery is a murder mystery. We consume fiction to reinforce our societal mores. Murder is the Original Sin in the Bible, and it’s frowned on in every moral code; while justified homicide is, well, justified almost everywhere. More effort is made to catch and punish the criminal who is a murderer than for any other crime, while a killer whose act is “justified” will be punished less harshly or let off entirely. This is entirely sane societal response to homicide. It is a (rarely) required mechanism of society to remove the incorrigibly, violently, antisocial from our midst.

It is not the presense or absense of (fire)arms that results in societal breakdown, but the presnse of killers, born or trained. Guns in the hands of non-killers have no effect on non-killers, but counter the effect of any weapon, from strength of fist on up through firearms, in the hands of killers. In any particular encounter, of course, there are more factors than the firearm. After all, it was Caleb’s generous donation of coffee that set a youth on the path of righteousness, and nobody died or was seriously hurt. But his dinky little pocket pistol was there, and the youth saw it before he changed his mind. Because when someone swaggers up to you and sincerely offers to punch you in the face, there’s a difference between putting your own body on the line  with a physical counteroffer, and a counter-offfer consisting of a few grams of lead delivered supersonically. One requires strength, agility, skill and a high pain tolerance, and the other requires a modicum of hand-eye coordination and the ability to lift a pound or so for no more than a minute.