K. Ellis Agrees to Plea Deal

Unless, of course, you live in Florida where it's perfectly acceptable to shoot people outside of your home and claim self defense.

 

So if some asshole comes after me with a bat and I beat him until he stops moving because I'm in fear of my life - I could be the one doing jail time? I don't have a right to protect myself?

 

Wow. That seems nuts to me, but I'm glad I know that. I always thought I could protect myself - seems ridiculous that I can't (I know that's subjective).

 

That or you need an airtight group of witnesses.

 

If you were smart, you'd be going to jail 0% of the time because you always leave the scene of a fight before the cops get there.

Don't know what world you live in, but you should try to get out some time. If someone rushes you with a bat you don't have to run away. You are completely within your rights to defend yourself. You will only go to jail if you are stupid and/or poor enough not to afford a decent lawyer.

As far as Ellis goes, he is huge. The fact that he broke the guys nose and jaw may mean he may only have punched him once or twice - something which is an extremely reasonable act of self defense from a guy wielding a bat.

 

Florida...America's limp dick :up:

But to piggyback on what was said before, it is very hard to prove self defense contrary to belief. It's almost night and day what is allowable when your inside your home and when you're outside.

Laws are especially ass backwards in VA. I used to live in Norfolk (15 minutes from Hampton). My cousin was headed to the pet store one day. I was meeting him there. In the parking lot, this drunk dude in the Navy sees my cousin's Navy tags and randomly tries to call him out for having earrings and a beard. My cousin, who's been in 16+ years, told him to go about his business. The guy and his friends started to approach us and talking shit. My cousin points to the guys car and says go on "back to your piece of shit hooptie.this is not what you want. don't get yourself in trouble.You go about your business and we'll go about ours." His shirt lifted up and you could barely see his gun tucked in his waist. About 2 days later, we're at the house and my cousin is like "I have to turn myself in. The guy told the cops and my command I brandished a firearm." It took over a year, the guy missing a court date and tons of money to finally get that case dismissed. Mind you, my cousin had a concealed weapons permit and every documentation needed to carry his gun.

If Ellis' is guilty, he should pay the price but a lot of these cases are str8 BS. People manipulating the letter of the law.

 

We really need "The Big Brother is WATCHING YOU!" system.

 

I think that you CAN protect yourself.....to a point. In other words if you have the opportunity to run and you don't, you may be libel. If you fight the man with the bat and disarm him, and THEN pound the sh!t out of him you become the criminal.

THIS is what the I think the prosecution is going to try an prove. Its not an issue of did he have a right to defend himself, but did he go BEYOND what would be considered a "reasonable" defense

For example if the the guy with the bat swung on Ellis and hit him in the shoulder, then Ellis punches him in the mouth and takes the bat away....and stops At that point the guy with the Bat would be guilty of assault with a deadly weapon....end of discussion.

IF after the bat has been taken way, Ellis pounds the crap out of him, then the onus of guilt starts to fall on him. The law allows you to defend yourself....up to a point. Usually the point is when you are considered no longer in danger.

Usually these kinds of cases are pled out and and further any dispute is moved on to civil court. I think this one is complicated by the immigration issues, which may or may not hinder Ellis taking a plea. Also by taking a plea, Ellis might find himself in Rogerr Goodell's sights for some kind of disciplinary action.

Also another thing we don't know, is if Ellis has a history of violent behavior. A lack of one would help his case. Having one would hurt it.

 

I'm also interested in this. Does anyone have an idea how this would work if he is found guilty and does go to jail or gets deported?

 

If it is Albert Pujols it is because he can't hit shit with a bat. HGH is a mother eh Alberto?

 

goodell

do you really think goodell might discipline him even though it happened while he was still in college approximately 2 years ago?

 

You basically have to demonstrate that you feared for your life throughout the whole period of time that you were hurting him. If you fear for you life at the beginning of an encounter, then gain the upper hand, you can't assume that anything you do after that will be considered self-defense.

In your other example: If you shoot the bat wielding man in the face, you will be expected to demonstrate that turning around and running away wasn't a viable option to begin with. If you can do that, you will most likely be fine.

Simply put, you are only allowed to use violence when it is absolutely necessary. Even in the middle of a violent encounter, the second that violence becomes unnecessary, you are expected to stop using it. Obviously these things are subjective, though, which gives you some wiggle room.

 

You can always protect yourself. However, your actions/force have to be proportional to the threat against you.

I lived in NY all my life, but that was before law school, now I'm in Texas and the laws are completely different. Here in Texas, everything is much more liberal in terms of force, self defense, castle doctrine, right to retreat, etc. I'm sure that in New York, it is much more "pro-attacker." I do know that in NY you cannot automatically kill someone who breaks into your house (you can in Texas) unless they are armed or you fear imminent bodily harm or death.

In short, if someone comes after you with their fists, you wont be able to pull out a gun and kill them without at least attempting to retreat (and even then, would have to show fear for your life, guy was enormous, etc.).

 

If somebody comes at you wielding a deadly weapon such as a baseball bat and you are imminent fear for your own well being you are perfectly within your rights to defend yourself in Virginia. you are not required to run away or get smashed in the face before you can take action to disarm and subdue the attacker.

 

if he is found guilty heis contract will be voided and the jets have the right to recoup any bonus money.i don't believe there would be any cap implications

 

Hire Tannenbaum as his lawyer and he'll be fine.

 

He's been living in the States since the age of 11 and they could deport him? Really???

 

If he takes a plea which turns him into an illegal immigrant, maybe we could trade him to the 'Skins and he could live in the White House.