Podcast 180 Should You Help Case Study: Georgia v. Brown
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We discuss the case of Georgia v. Daniel Ray Brown. Brown was a CHL holder who tried to help during what he thought was a self defense situation, but without the proper training and background he messed it up. He ended up with law enforcement and a couple judges pissed at him. Luckily no one was hurt but it could have been a lot worst.
If you are going to help someone else you need all the information you can get before acting in self defense of others. If you are wrong it could cost someone (including you) their life. Listen to the “what ifs” throughout this podcast and make sure you do it right, help the good guy, only hurt or capture the bad guys, and keep yourself out of legal trouble!
In defense of others is one of the most complicated parts of the law of self defense. Self Defense law is already screwy with little settled case law to pull on. Law Enforcement has been doing it for a long time, but for some reason the good cases of self defense are mot being let into a civilian self defense cases, but the case law that will hurt you will be brought in. This is something you can’t afford to mess up. Learn as much as you can so you can do it right, help the right people, and stay out of prison.
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- Brown at the Mall having breakfast at McDonald’s with his mom
- See a white man running away from two black men
- Black me tackle and start fighting with the white guy
- White Guy start yelling for help and that they are trying to kill him
- Brown has a CHL and is carrying his weapon
- Tells his mom to call 911 and goes to help
- Pulls his gun and orders them to stop
- Black guy says the white guy is a client and keeps fighting with him
- No one is wearing uniforms or distinctive clothing
- Brown asks for ID but doesn’t get anything
- Brown fires a warning shot into the ground a couple feet in front of the fighting men
- Somewhere after that, and before police officers arrive Brown puts his gun on the ground and moves away from it.
- Police arrive with guns drawn after reports of shots fired
- My Favorite quote of the entire mess by the first responding officer and his body cam “Where’d you get a concealed carry license from? Kmart?… Warning shots? We don’t fire warning shots.”
- Brown convicted by lower court of battery and discharge of a firearm within city limits
- Appealed, conviction of discharge of firearm upheld, batter dismissed
- Judge revoked Brown’s carry permit and confiscated and destroyed his gun
- Allegations of Racism running all over this
Georgia has no training requirement for a CHL, so Brown had no documented training at all.
He said stupid things throughout to everyone and it cost him, and it might cost him more as things move forward.
Just for good measure the local paper adds this:
According to Hanes Mall’s behavioral code of conduct, mall visitors are asked to refrain from “carrying or displaying weapons of any kind except those carried by certified law enforcement officers in the performance of their duties.”
“As a private-property owner we are allowed to post our expectations. That does not mean that necessarily we are able to determine every person that may or may not be on the property or on the adjacent parcel owners’ properties.”
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