Tall vs. State PT2

Posted by Sheri Harris on Monday, November 9, 2009 Under: Rulings-09

SECOND ARGUMENT

Mr. Tall struck the assailant Mr. Nez in the chest with a taser.This caused Mr. Nez to evenutally suffer cardiac arrest symptoms. Although the instrument is considered of "non-deadly force", the instrument was used on Mr. Nez's body in a place where death could have resulted. After these findings the officer charged Mr. Tall with aggravated battery and assault.

FINDINGS

Ms. Vain and Mr. Tall were beaten before they were robbed. The couple sustained serious but not life threatening injuries. Ms. Vain threw her purse as Mr. Tall did his wallet in attempts to avoid furthur harm. A witness came forward and saw the couple tossing their belongings so that the assailant would leave them alone. Both the witness and the couple stated that Mr. Nez became agitated with such voluntary surrender of items which furthured his attack on Ms. Vain and Mr. Tall. Mr. Nez was looking for a fight as he prevented the couple from escaping. When Ms. Vain fell to the ground Mr. Tall was able to locate his taser and managed to strike  him in the chest. Mr. Nez then stumbled away. Ms. Vain managed to get up and the couple contacted the police.

ORDERS

It is determined that since Mr. Tall used the taser in good faith and that all attempts were made to avoid such use. This was proven by the couple in them giving up their belongings, which indicates that Mr. Tall was not protecting personal property but that of himself and wife. Thus, Mr. Tall exercised appropriate self defense. This court has decided to revoke the fine Mr. Tall was given and dismissed the charge of aggravated battery and assault.

Dated: November 8, 2009                                  A. Sadiq                        
                                                                       On Behalf of Pieces

In : Rulings-09 



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Tall vs. State PT2

Posted by Sheri Harris on Monday, November 9, 2009 Under: Rulings-09

SECOND ARGUMENT

Mr. Tall struck the assailant Mr. Nez in the chest with a taser.This caused Mr. Nez to evenutally suffer cardiac arrest symptoms. Although the instrument is considered of "non-deadly force", the instrument was used on Mr. Nez's body in a place where death could have resulted. After these findings the officer charged Mr. Tall with aggravated battery and assault.

FINDINGS

Ms. Vain and Mr. Tall were beaten before they were robbed. The couple sustained serious but not life threatening injuries. Ms. Vain threw her purse as Mr. Tall did his wallet in attempts to avoid furthur harm. A witness came forward and saw the couple tossing their belongings so that the assailant would leave them alone. Both the witness and the couple stated that Mr. Nez became agitated with such voluntary surrender of items which furthured his attack on Ms. Vain and Mr. Tall. Mr. Nez was looking for a fight as he prevented the couple from escaping. When Ms. Vain fell to the ground Mr. Tall was able to locate his taser and managed to strike  him in the chest. Mr. Nez then stumbled away. Ms. Vain managed to get up and the couple contacted the police.

ORDERS

It is determined that since Mr. Tall used the taser in good faith and that all attempts were made to avoid such use. This was proven by the couple in them giving up their belongings, which indicates that Mr. Tall was not protecting personal property but that of himself and wife. Thus, Mr. Tall exercised appropriate self defense. This court has decided to revoke the fine Mr. Tall was given and dismissed the charge of aggravated battery and assault.

Dated: November 8, 2009                                  A. Sadiq                        
                                                                       On Behalf of Pieces

In : Rulings-09 



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Tall vs. State PT2

Posted by Sheri Harris on Monday, November 9, 2009 Under: Rulings-09

SECOND ARGUMENT

Mr. Tall struck the assailant Mr. Nez in the chest with a taser.This caused Mr. Nez to evenutally suffer cardiac arrest symptoms. Although the instrument is considered of "non-deadly force", the instrument was used on Mr. Nez's body in a place where death could have resulted. After these findings the officer charged Mr. Tall with aggravated battery and assault.

FINDINGS

Ms. Vain and Mr. Tall were beaten before they were robbed. The couple sustained serious but not life threatening injuries. Ms. Vain threw her purse as Mr. Tall did his wallet in attempts to avoid furthur harm. A witness came forward and saw the couple tossing their belongings so that the assailant would leave them alone. Both the witness and the couple stated that Mr. Nez became agitated with such voluntary surrender of items which furthured his attack on Ms. Vain and Mr. Tall. Mr. Nez was looking for a fight as he prevented the couple from escaping. When Ms. Vain fell to the ground Mr. Tall was able to locate his taser and managed to strike  him in the chest. Mr. Nez then stumbled away. Ms. Vain managed to get up and the couple contacted the police.

ORDERS

It is determined that since Mr. Tall used the taser in good faith and that all attempts were made to avoid such use. This was proven by the couple in them giving up their belongings, which indicates that Mr. Tall was not protecting personal property but that of himself and wife. Thus, Mr. Tall exercised appropriate self defense. This court has decided to revoke the fine Mr. Tall was given and dismissed the charge of aggravated battery and assault.

Dated: November 8, 2009                                  A. Sadiq                        
                                                                       On Behalf of Pieces

In : Rulings-09 



null

Tall vs. State PT2

Posted by Sheri Harris on Monday, November 9, 2009 Under: Rulings-09

SECOND ARGUMENT

Mr. Tall struck the assailant Mr. Nez in the chest with a taser.This caused Mr. Nez to evenutally suffer cardiac arrest symptoms. Although the instrument is considered of "non-deadly force", the instrument was used on Mr. Nez's body in a place where death could have resulted. After these findings the officer charged Mr. Tall with aggravated battery and assault.

FINDINGS

Ms. Vain and Mr. Tall were beaten before they were robbed. The couple sustained serious but not life threatening injuries. Ms. Vain threw her purse as Mr. Tall did his wallet in attempts to avoid furthur harm. A witness came forward and saw the couple tossing their belongings so that the assailant would leave them alone. Both the witness and the couple stated that Mr. Nez became agitated with such voluntary surrender of items which furthured his attack on Ms. Vain and Mr. Tall. Mr. Nez was looking for a fight as he prevented the couple from escaping. When Ms. Vain fell to the ground Mr. Tall was able to locate his taser and managed to strike  him in the chest. Mr. Nez then stumbled away. Ms. Vain managed to get up and the couple contacted the police.

ORDERS

It is determined that since Mr. Tall used the taser in good faith and that all attempts were made to avoid such use. This was proven by the couple in them giving up their belongings, which indicates that Mr. Tall was not protecting personal property but that of himself and wife. Thus, Mr. Tall exercised appropriate self defense. This court has decided to revoke the fine Mr. Tall was given and dismissed the charge of aggravated battery and assault.

Dated: November 8, 2009                                  A. Sadiq                        
                                                                       On Behalf of Pieces

In : Rulings-09 



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