I haven't been following this but remember...these are average everyday people in these comments:
They didn't "ask" anyone to do anything. Let's try again, simple and plain. Try and forget about the race of the individuals for a moment, if you can.Asking someone to leave a tent is not a death threat. You dont need authority to speak to someone. Its called freedom of speech. Doesnt mean Karmelo had to listen though and he didnt. But the act of asking him to leave is not a threat of any kind of physical violence let alone lethal physical violence. For the self defense claim he would have to prove he was in immediate danger of loosing his life at the moment he stabbed him. In Karmelos own words he said he just touched him. Saying he was scared cause the guy was bigger means nothing.
And you are right I dont decide.. but the judge and jury (Likely full of cacs) will decide for him now how serious the threat was. And he will be sentenced to football numbers cause of it. The statue of self defense is very clear.. and he doesn't meet it in several ways. Provocation, Proportionality of force and being in imminent danger of death.
And having a weapon on school grounds does disqualify him from being there as he would be now technically trespassing. No student is authorized to be on school grounds or a school function with a knife or weapon of any kind. He knowingly carried not just to school but on the bus and to the track meet.
I haven't been following this but remember...these are average everyday people in these comments:
You don't need all that in Texas. That said, I do wonder about the knife a school premise. That said, I don't know the law for that in TexasUnfortunately he gonna do a long bid. In Texas to justify deadly force he would need to prove he was in imminent and immediate danger of of loosing his own life. Simply being harassed or even pushed doesn't cover that. His own statements to the police also contradict that as well and will be used against him. He told police the metcalf kid put his hands on him and that's why he did it. That's not being imminent fear of death. Yall need to really learn about self defense laws so you dont wind up in jail on some foolishness.
Not to mention him having a knife at a school event which means he wasn't authorized to be at the event in the first place. That's a lot of hurdles to get over. Plus majority of 30+ witnesses were classmates of Metcalf since it was at their tent. Doubt they will say anything that makes metcalf look bad. His best bet is to take a plea.
You don't need all that in Texas. That said, I do wonder about the knife a school premise. That said, I don't know the law for that in Texas
Example: Jerry provokes his arch-enemy, Ron, into attacking him. As soon as Ron shoves him, Jerry pulls out his gun and shoots him.
Guess what if you follow tariq and a bothsiders or a black or brown trump supporter
these are YOUR people in the comments
How do we know he wasn't in fear of his life? Isnt that a judgement call?You do need all that. The laws are clear and Google is free. Educate yourself on the self defense laws in texas. Karmelo was illegally on school grounds with a knife, was not under immediate threat of death or serious injury, Used disproportionate force for a touch, and provoked the touch by saying touch me and see what happens.
Texas Self-defense Laws – When Is Use Of Force Permissible?
In Texas, self-defense is defined by Texas Penal Code 9.31. This section states that “a person is justified in using force against another when and to the degree the actor reasonably believes the force is immediately necessary to protect the actor against the other’s use or attempted use of unlawful force.”
Proving self-defense can be difficult, however. People can only claim self-defense when they:
There are certain situations where self-defense is not a defense strategy. These include when the defendant:
- only use the minimum amount of force necessary for self-defense,
- reasonably believe that force was necessary to stop someone else’s use of unlawful force,
- did not provoke the attack, and
- were not engaged in a crime.
- responded with force to a strictly verbal provocation,
- resisted an arrest by a police officer, even if it was unlawful, that did not use excessive force,
- consented to the victim’s use of force, or
- provoked the victim’s use of force and did not abandon the encounter.2
The amount of force used in self-defense has to be reasonable. It cannot be disproportionate to the unlawful force threatened.
When too much force is used, it can be a crime. The person claiming self-defense could be liable for assault or even murder.
No. He has to actually prove it with some type of evidence.How do we know he wasn't in fear of his life? Isnt that a judgement call?
Point to where the death threat is in that report.They didn't "ask" anyone to do anything. Let's try again, simple and plain. Try and forget about the race of the individuals for a moment, if you can.
At a regional track meet in TX, during a downpour which caused a break in competition, a young man was sitting under the tent of a competing high school when witnesses say he was approached by two young men, twin brothers, who, for reasons unkwown, demanded he leave the tent immediately. Witnesses say that when this was refused at least one of the twins (6'0", 220 lbs) threatened to remove the young man (5'10, 160 lbs) himself, to which the young man replied "touch me and see what happens."
What happened next is unclear, but what all seem to agree on is that at some point at least one of the twins initiated physical contact with the youth, and was fatally stabbed. The suspect in the stabbling threw the knife behind the bleachers and fled the scene. He was apprehended shortly after by members of the Frisco PD, who were working the event as security. He admitted to the stabbing, saying he was scared, that the twin(s) had physically assaulted him and he was defending himself.
What would you have to say then? Because that's it, bare bones, stripped of all the bullshyt and emotion. Video and witness statements will have to fill in what was actually said and done by both parties. But that's what happened.
You do need all that. The laws are clear and Google is free. Educate yourself on the self defense laws in texas. Karmelo was illegally on school grounds with a knife, was not under immediate threat of death or serious injury, Used disproportionate force for a touch, and provoked the touch by saying touch me and see what happens.
Texas Self-defense Laws – When Is Use Of Force Permissible?
In Texas, self-defense is defined by Texas Penal Code 9.31. This section states that “a person is justified in using force against another when and to the degree the actor reasonably believes the force is immediately necessary to protect the actor against the other’s use or attempted use of unlawful force.”
Proving self-defense can be difficult, however. People can only claim self-defense when they:
There are certain situations where self-defense is not a defense strategy. These include when the defendant:
- only use the minimum amount of force necessary for self-defense,
- reasonably believe that force was necessary to stop someone else’s use of unlawful force,
- did not provoke the attack, and
- were not engaged in a crime.
- responded with force to a strictly verbal provocation,
- resisted an arrest by a police officer, even if it was unlawful, that did not use excessive force,
- consented to the victim’s use of force, or
- provoked the victim’s use of force and did not abandon the encounter.2
The amount of force used in self-defense has to be reasonable. It cannot be disproportionate to the unlawful force threatened.
When too much force is used, it can be a crime. The person claiming self-defense could be liable for assault or even murder.
Proving self-defense can be difficult, however. People can only claim self-defense when they:
Karmelo can reasonably prove he believed force was necessary to stop the Metcalf twins use of unlawful force.
- only use the minimum amount of force necessary for self-defense,
- reasonably believe that force was necessary to stop someone else’s use of unlawful force,
- did not provoke the attack, and
- were not engaged in a crime.
Them demanding Karmelo leave the tent was wrong, but it wasn’t wasn’t illegal; them having no authority to demand that Karmelo leave became assault when either one or both tried to physically remove him themselves, and that’s illegal.
Karmelo didn’t provoke the attack. “Touch me and see what happens” is a warning to everyone with common sense. The provocation was the twins approaching Karmelo, threatening him when he didn’t obey their commands, and then attempting to follow through on that threat. And it was a provocation because the twins had no authority to do so. It would be a different story altogether if it had been a coach or another official telling Karmelo to leave.
Karmelo wasn’t engaged in a crime. Having a knife could be considered a criminal offense, but he wasn’t actively committing any crimes.
What you’re doing is completely taking the white side of the story and trying to make it fit the definition of a murder, instead of analyzing the facts as we know them and seeing how the law applies.
This is why as important as it is for us to receive training in professions like medicine and law, it’s even more important that we first dehonkefy our minds.
What is the proof deadly force wasn't? Again, you're deciding for Karmelo how scared he was allowed to be. I'm roughly 6'2" about 240, and in a fight i could take most regular sized people and run their head into a wall, or even pick them up and drive them headfirst into the ground, both of which could be fatal, even though I may not have intended to kill anyone. If I hit someone hard enough they could fall and hit their head, which could also be fatal. Karmelo is 5'9" 160, which is basically regular sized. How much damage could two of me with bad intentions do to someone that size? The Metcalf twins are 6 ft 220, and even at my size I would still have trouble with two dudes that size if we got into it. Combined, they outweighed Karmelo by 280 pounds.How? We are not talking about just using force. We are talking about deadly force. What is the proof that deadly force was necessary? He will have to provide evidence of that.
Again. touching someone which is misdemeanor assault is not deadly force. Telling someone you are going to remove them is not a death threat.
The prosecution will claim that statement was provocation cause he knew he had a knife on him and planned to use it .
He was criminally trespassing by carrying that knife on school grounds.
Brother, this is what I mean by you have to dehonkyfy your mind. You don't get to project what that man "would have eventually" done. If so, who's to say the Metcalf twins wouldn't have eventually beat someone to death, simply because they felt like that person shouldn't be where they were?What you are doing is being disingenuous. If Karmelo lacked emotional control and discernment to know when to use deadly force then I have no doubt he would have eventually stabbed and killed another black child and nobody would care cause they would just be another statistic. Homicide is the number one cause of death for black teens. And a major cause is due to lack of emotional control.