Comments on: My Right To Blow Your Brains Out http://www.briancuban.com/my-right-to-blow-your-brains-out-2/ Brian Cuban's version of TRUTH, JUSTICE and the UN-AMERICAN WAY Sat, 17 Jul 2010 01:42:19 +0000 hourly 1 http://wordpress.org/?v=abc By: ballerinatoes http://www.briancuban.com/my-right-to-blow-your-brains-out-2/comment-page-1/#comment-6305 ballerinatoes Sat, 06 Jun 2009 21:24:33 +0000 http://www.briancuban.com/?p=7556#comment-6305 Yes, that particular pharmacy had been robbed before. And if you watch the video, the five shots go very quickly. I don't know a thing about guns, but it had to be some kind of automatice weapon that discharged very quickly. As all have said, you really can't say what you would do in that situation. Is 45 sec really long enough for the adrenaline to die down and for a sense of reasonablness to take back over? I don't know. And what we don't know for sure is IF they guy was unconscious and IF he was presented a further threat OR if for whatever reason Ersland still felt he was a threat. There were also two female employees in the store and one of them was repeating "I'm so sorry" to the other. Mr. Ersland thought one of the women had been shot. It's really a horrible situation all the way around. The other four perpitrators of the crime have all been arrested now and charged with felony murder. One young man is 16 and the other two are adults. In my mind, 1st degree is way to much for the Ersland. He didn't wake up that morning, go to work and think "I'm going to kill a kid today." However, our DA Prater was doing his job and following with law with his charge. However, he did argue against the Judge when she ordered that Erstler turn over all his weapons. He argued that Erstler would be a sitting duck. Irven Box is an oustanding criminal defense attorney and worked a way around that. Very slippery, that one. Erstler is out on bail, which pretty much never happens in 1st degree cases. So, what does that tell you? There is alot of support for him here. Yes, that particular pharmacy had been robbed before. And if you watch the video, the five shots go very quickly. I don't know a thing about guns, but it had to be some kind of automatice weapon that discharged very quickly. As all have said, you really can't say what you would do in that situation. Is 45 sec really long enough for the adrenaline to die down and for a sense of reasonablness to take back over? I don't know. And what we don't know for sure is IF they guy was unconscious and IF he was presented a further threat OR if for whatever reason Ersland still felt he was a threat. There were also two female employees in the store and one of them was repeating "I'm so sorry" to the other. Mr. Ersland thought one of the women had been shot. It's really a horrible situation all the way around. The other four perpitrators of the crime have all been arrested now and charged with felony murder. One young man is 16 and the other two are adults. In my mind, 1st degree is way to much for the Ersland. He didn't wake up that morning, go to work and think "I'm going to kill a kid today." However, our DA Prater was doing his job and following with law with his charge. However, he did argue against the Judge when she ordered that Erstler turn over all his weapons. He argued that Erstler would be a sitting duck. Irven Box is an oustanding criminal defense attorney and worked a way around that. Very slippery, that one. Erstler is out on bail, which pretty much never happens in 1st degree cases. So, what does that tell you? There is alot of support for him here.

]]> By: Mitchell Green http://www.briancuban.com/my-right-to-blow-your-brains-out-2/comment-page-1/#comment-6276 Mitchell Green Fri, 05 Jun 2009 22:21:46 +0000 http://www.briancuban.com/?p=7556#comment-6276 Hear is a question that I did not see mentioned? Mr.Ersland had mentioned that it is a bad area, has he ever been robbed before, or had a crime occur before this incident before? Hear is a question that I did not see mentioned? Mr.Ersland had mentioned that it is a bad area, has he ever been robbed before, or had a crime occur before this incident before?

]]> By: IanG http://www.briancuban.com/my-right-to-blow-your-brains-out-2/comment-page-1/#comment-6272 IanG Fri, 05 Jun 2009 16:30:58 +0000 http://www.briancuban.com/?p=7556#comment-6272 Castle Doctrines are interesting. I always wonder how they affect the repo biz here in Texas. And if a repo man was killed on private premises, would the shooter get convicted? If you don't know that someone actually HAS the right to be on your property--and you shoot him in accordance with the C. Doctrine--are you a murderer? What say you, Brian Cuban, Reader of Laws? Castle Doctrines are interesting. I always wonder how they affect the repo biz here in Texas. And if a repo man was killed on private premises, would the shooter get convicted? If you don't know that someone actually HAS the right to be on your property–and you shoot him in accordance with the C. Doctrine–are you a murderer?

What say you, Brian Cuban, Reader of Laws?

]]> By: RV Kitchen Faucet http://www.briancuban.com/my-right-to-blow-your-brains-out-2/comment-page-1/#comment-6271 RV Kitchen Faucet Fri, 05 Jun 2009 16:06:02 +0000 http://www.briancuban.com/?p=7556#comment-6271 As a total novice to this topic, I find this information most enlightening and helpful. As a total novice to this topic, I find this information most enlightening and helpful.

]]> By: Perry's Mollycoddler http://www.briancuban.com/my-right-to-blow-your-brains-out-2/comment-page-1/#comment-6269 Perry's Mollycoddler Fri, 05 Jun 2009 13:32:01 +0000 http://www.briancuban.com/?p=7556#comment-6269 If the guy is unconscious on the floor, surely the old man *thought* he was dead. Did he take his pulse and then put 5 bullets into his stomach? Did he fly into a rage at the thought of being robbed? We don't necessarily know this guy was scared out of his mind, though the inference is surely there. I'm with you on this one, Brian. Self defense is one thing...unloading another 5 rounds to ensure the guy will never rob his store again is not self defense - it's exacting the justice a court of law and jury should exact if it deemed it necessary. If the guy is unconscious on the floor, surely the old man *thought* he was dead. Did he take his pulse and then put 5 bullets into his stomach? Did he fly into a rage at the thought of being robbed? We don't necessarily know this guy was scared out of his mind, though the inference is surely there. I'm with you on this one, Brian. Self defense is one thing…unloading another 5 rounds to ensure the guy will never rob his store again is not self defense – it's exacting the justice a court of law and jury should exact if it deemed it necessary.

]]> By: Doctordave2005 http://www.briancuban.com/my-right-to-blow-your-brains-out-2/comment-page-1/#comment-6268 Doctordave2005 Fri, 05 Jun 2009 13:22:03 +0000 http://www.briancuban.com/?p=7556#comment-6268 I have to agree with you, Brian. If you are going to own 2 guns and keep them where you can use them, you should be able to assess whether the threat is still present before shooting with the second one. I have to agree with you, Brian. If you are going to own 2 guns and keep them where you can use them, you should be able to assess whether the threat is still present before shooting with the second one.

]]> By: Jeff Nabers http://www.briancuban.com/my-right-to-blow-your-brains-out-2/comment-page-1/#comment-6266 Jeff Nabers Fri, 05 Jun 2009 04:37:15 +0000 http://www.briancuban.com/?p=7556#comment-6266 Hmmmm.... 1st degree murder? Does 38 seconds of planning make it premeditated? Hmmmm…. 1st degree murder? Does 38 seconds of planning make it premeditated?

]]> By: Bradley Joyce http://www.briancuban.com/my-right-to-blow-your-brains-out-2/comment-page-1/#comment-6264 Bradley Joyce Fri, 05 Jun 2009 01:20:56 +0000 http://www.briancuban.com/?p=7556#comment-6264 This is exactly why anyone who plans on using a gun for self defense needs to be well trained enough that they have the skill and ability to shoot to kill with the first shot. Had the first head shot killed the robber there would be no issue here. This is exactly why anyone who plans on using a gun for self defense needs to be well trained enough that they have the skill and ability to shoot to kill with the first shot. Had the first head shot killed the robber there would be no issue here.

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