Penal Code 198. Limitation of Self Defense
and Defense of Property Rule
A bare fear of the commission of any of the
offenses mentioned in subdivision 2 of
Section 197, to prevent which homicide
may be lawfully committed, is not sufficient
to justify it. But the circumstances must be
sufficient to excite the fears of a reasonable
person, and the party killing must have acted
under the influence of such fears alone.
LaughingBear posts: "The continued violence that you allege is not the whole truth. You left out one little detail about that hiker. I wont disclose it publicly but you and I both know what it is. It changes the whole perspective."
Then posts "Perhaps the shooter felt threatend by the hiker's presence on the edge of his property. However, a clear message apparently was sent to hotspringer Roe from the Bowen Ranch."
This is the flimsiest excuse imaginable. The Bowen toll gate, where Castro hangs out (when he is not patrolling the public roads/lands) is 800 yards west of the boundary that Hotspringer Roe was --- way too far away to pose any threat to Mike Castro. Mike Castro is lawless and your negligent statements only encourage his continuing crime spree.
LaughingBear is appearing to be an accomplice to this crime because his statements appear to support Mike Castro's criminal actions. Now remember LaughingBear Hotspringer Roe has been verbally and physically threatened by Mike Castro in the past. Mike Castro chased him on his motorcycle causing him to crash into a barbed wire fence injuring his thumb and then chased him with his gun drawn. The motorcycle chase was at high speed and could have resulted in extremely serious injuries even death. Hotspringer Roe and others believe that was Mike Castro's intent.
Hotspringer Roe reasonably went and filed a complaint with the Sheriff's Department. This is what peaceful citizens do when a serious crime has occurred and their life is threatened. Hotspringer Roe is by your definition an "informant" because he has gone to the Sheriff and actually made criminal complaints against Mike Castro and the Bowen Ranch. What is a peaceful person to do when violently threatened, besides dodging the bullets? The sheriff's, district attorney, Forest Service and BLM so far won't do anything about Mike Castro's continued violence.
LaughingBear, your statement "a clear message apparently was sent" sounds like transmitting threats to victims and witnesses (or in your words "informants"
of Mike Castro's crimes. This would be a violation of Penal Code Sec. 140.140. Threat of Force or Violence Because of Assistance in Prosecution
(a) Except as provided in Section 139, every person who
willfully uses force or threatens to use force or violence upon the
person of a witness to, or a victim of, a crime or any other person,
or to take, damage, or destroy any property of any witness, victim,
or any other person, because the witness, victim, or other person has
provided any assistance or information to a law enforcement officer,
or to a public prosecutor in a criminal proceeding or juvenile court
proceeding, shall be punished by imprisonment in the county jail not
exceeding one year, or by imprisonment in the state prison for two,
three, or four years.
Post Edited (03-11-03 11:41)
