A person was shot on Morgan Territory Rd. in Clayton on Thursday night just before 8 p.m.
The Office of the Sheriff responded to the 2400 block of Morgan Territory Rd in Clayton after 3 shots were heard. The suspect, who was still on scene, claims he was attacked by a man with a bottle of tequila and a rock, and he claims he shot him in self defense, according to Sheriff’s Dispatch.
The victim, who was apparently shot in the shoulder, was transported to John Muir Walnut Creek. His condition is currently unknown.
“A bottle of tequila and a rock…” – there’s more to this story for sure.
Another mysterious self defense story lacking details.
We’re still waiting to find out something about the killing in Martinez almost a week ago but no updates.
How long does it take the cops to collect a few facts?
Maybe we should not be concerned with killings & shootings in our communities?
I don’t think the police are obligated to update the general public with future findings or a few facts as you mentioned. I think they’re only required to disclose the initial incident, but not the rest of the ongoing investigation. I could be wrong.
A good journalist should keep us updated.
Ignorance is bliss?
A suspect? Suspected of what? He said he did it.
He did a public service.
So you brought a tequila bottle and a rock to a gun fight?
Self defense dictates equal force.
Mary Jo Rossi gets a visit from the Feds. Claycord: *crickets*.
At least get it right.
Self-defense dictates the use of REASONABLE force. US Supreme court cases Graham v. Connor, 490 U.S. 386 (1989) and Tennessee v. Garner, 471 U.S. 1 (1985).
If you have some newer case law that supersedes Connor or Garner I’d love to see it.
Rossi is a tool and she deserves whatever she gets. Happy?
Wrong.
Which part?
The Objective Reasonableness Standard for use of force or Rossi is a tool?
@CPT Obvious – Both of the cases you cited involved the use of force law enforcement officers. Neither cased involved an attack nor any self defense. I’ll punt it back to you to get it right or to explain the line of reasoning about how game of Rock, Bottle, and Gun connects to the cited cases.
Decision of the SCOTUS apply not only to the litigants of the case but to the entire nation as a whole.
In Graham v. Connor & Tennessee v. Garner the SCOTUS determined what force can be used and how to determine if the force used was justified. The cases deals specifically with the Governments use of force; however, who is using the force or the amount of force used is really immaterial to overarching question of, was the forces used objective reasonable given the totality of the circumstances.
The same reason why police cannot lawfully shoot a person for the simple theft of goods is the exact same reason why a merchant cannot lawfully shoot a person for the simple theft of goods. The Courts have determined that it is not objectively reasonable to use deadly force to recover property. It has nothing to do with “Self defense dictates equal force”.
“Self defense dictates equal force” theory would not take into consideration the totality of the circumstances. It would be a simple chart. Attacked with fist – defended with fist. Attacked with knife – defended with knife. Deviate from the chart and be prosecuted but that is not the case.
For example; The police make a routine car stop. As the officer is getting out, the driver jumped out and points a firearm at the officer and yelled die! The officer believing he is danger of immediate death or great bodily injury shoot the driver and kills him. The “gun” was later determined to be a realistic replica of a firearm.
A homeowner is having dinner at home with is family. He hears a loud bang on the front door. He sees an unknown person kicking on his front door with great enthusiasm. The person has a gun and is yelling he wants to kill him. The man tell his wife to take his children into a bedroom, lock the door and call the police as he is retrieving a firearm from a California approved safe. As the front down is kicked in, the intruder points a firearm at the homeowner, fearing immediate death or great bodily injury to himself and his family he shoots and killed the person. The “firearm” is determined to be a realistic replica of a firearm.
In both scenarios, clearly neither the police officer nor homeowner use “equal force” when they shot the driver or intruder since neither were not armed with a deadly weapon; however, based on the totality of the circumstances both I believed used Objectively Reasonable Force since both were confronted with tense, uncertain, and rapidly evolving situations, demanding quick, split-second decisions about the necessary course of action, including the use of force.
That is how two SCOTUS cases, neither dealing with self-defense, affect how and when force is used in the USA.
Show us the case(s) where it was ruled that you have to duel him with a liquor bottle and rock first, before escalating the type of force used. A suspect could easily knock you out with either object and then beat you to death; they are deadly weapons as used in this case.
I live just down the road and the part that this article didn’t include is that there were multiple reports of a subject acting suspiciously, knocking on doors with a very suspicious story given the time of day/night. It appeared he may have been casing houses. He was last seen by a neighbor walking towards the area where the shooting occurred and the same neighbor reported hearing yelling and gunshots shortly thereafter. Everything we’ve been able to figure out so far, is that this was most likely a homeowner, who was attacked, defending himself and he was not arrested. So, “suspect”, should probably read “homeowner/victim”.
It is not unusual for people in this neighborhood to be armed, and we keep a close eye out for criminal activity, so it’s probably not the smartest place for a burglar to make an attempt. Most people in this area also know that a law enforcement response is going to be longer than usual and that is another mitigating factor the court is likely to recognize when determining if the force used was reasonable.
Tequila mixes well with lime juice and triple sec. Not so much with guns and rocks.
Well they definitely had different ideas of taking some shots last night!
Bottle of tequila and a Rock versus a gun, another Neanderthal with no common sense most likely drunk off his ass and learn to lesson. I wonder if the guy purposely shot him in the shoulder or he missed the headshot?
What makes you think they both weren’t drunk? Most likely scenario.
“Occifer, he plagiarized me with a tottle of bequila and a rock, so I chot em”.
Le duh.
Malibu.
Bringing a knife to a gunfight? hmmmmmm
Rock, paper scissors
is now rock, tequila, pistol. 😝