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.
What are you saying LaughingBear? That based on this penal code, Mike Castro was justified in some way? This penal code forbids the actions of Mike Castro.
Hotspringer Roe was posing no threat to Mike Castro. Mike Castro shooting at the rock pile was an actual deadly threat to Hotspringer Roe. The rock pile is located directly between where Hotspringer Roe was and Mike Castro. Therefore, by shooting at the rock pile with a semi-automatic rifle this was a deadly criminal act directed at Hotspringer Roe. The bullets were ricocheting right over his head and those were only the bullets that hit the rock pile.
"However, the law is written the way it is written" to expressly forbid the conduct that even LaughingBear seems to believe that Mike Castro did. LaughingBear says that it was intended to send a message. "However, a clear message apparently was sent to hotspringer Roe from the Bowen Ranch." The message is and has been that Mike Castro would KILL Hotspringer Roe if given the opportunity.
What about other hotspringers that hear of Mike castro's shooting at a hiker circumventing the toll gate? What "clear message" is sent to them? No problem LaughingBear says Mike Castro is afraid of people that hike around the ranch so just walk in peace while the bullets fly.
Let's pretend that you are not Mike Castro's accomplice, then you are Mike Castro's apologist in excusing his violent criminal actions. Trying to say that Mike Castro was afraid and felt threatened, this is an apologist's strained excuse.