A. Smith's lawyer: partygoers exposed selves to being shot

[RolandDeschain]

http://blacksportsonline.com/home/2013/ ... eing-shot/

This is rich. :snack:

 

[-The Glove-]

Lol wow. So are they pretty much admitting Smith or Walker shot one of them? No one goes to a party thinking they might get shot. And if you do, something is really wrong with the people you hang with.

 

[Marvin49]

Lol wow. So are they pretty much admitting Smith or Walker shot one of them? No one goes to a party thinking they might get shot. And if you do, something is really wrong with the people you hang with.

Nah...

Balistics already proved Walker and Aldon didn't shoot them.

In a nutshell, Aldon and Walker hosted the party. Some uninvited guests showed up and made some trouble. Aldon interviened and was stabbed in the process. At that point, he should have called the police. Instead he was at his house so he went and got his gun and fired into the air in order to break it up.

Thats where it gets confusing. The victim here was actually shot by people across the street. The allegation is that Aldon and Walker prompted the people across the street to open fire. Thats why from a criminal standpoint the only potential charges faced by Aldon are on gun posession charges. Even in that case, only the magazine of the weapon was illegal.

What Aldon is guilty of is being stupid by not calling the police when he was stabbed or when the people at the party arrived. The lawsuit states that Aldon and Walker firing into the air is what caused the peeps across the street to open fire and that is why they are suing Aldon and Walker...for money.

Nobody is claiming Aldon or Walker shot anyone.

 

[GeekHawk]

Around here it's illegal to discharge a firearm within 200 feet of any building, and illegal to shoot into the air, and illegal to discharge a firearm within city limits. All of these are worse than a magazine size violation. Surely at least one of these was also applicable here.

 

[Axx]

the only person i know who went to a event knowing there was a high chance of them dying was Jesus.

 

[RolandDeschain]

Aldon could see time for this for simply firing into the air, right? I mean, what are the laws about it in his 'hood?

 

[Basis4day]

Lol wow. So are they pretty much admitting Smith or Walker shot one of them? No one goes to a party thinking they might get shot. And if you do, something is really wrong with the people you hang with.

Nah...

Balistics already proved Walker and Aldon didn't shoot them.

In a nutshell, Aldon and Walker hosted the party. Some uninvited guests showed up and made some trouble. Aldon interviened and was stabbed in the process. At that point, he should have called the police. Instead he was at his house so he went and got his gun and fired into the air in order to break it up.

Thats where it gets confusing. The victim here was actually shot by people across the street. The allegation is that Aldon and Walker prompted the people across the street to open fire. Thats why from a criminal standpoint the only potential charges faced by Aldon are on gun posession charges. Even in that case, only the magazine of the weapon was illegal.

What Aldon is guilty of is being stupid by not calling the police when he was stabbed or when the people at the party arrived. The lawsuit states that Aldon and Walker firing into the air is what caused the peeps across the street to open fire and that is why they are suing Aldon and Walker...for money.

Nobody is claiming Aldon or Walker shot anyone.

You need to read the complaint. Esporales is suing Smith, Walker and Unknown Doe Defendants. He is NOT suing Smith and Walker alone. He is suing ALL participants in the escalation of gun fire INCLUDING the "peeps" across the street. At the time the complaint was filed, the Plaintiff only knows the identities of Smith and Walker. He expects through the normal course of discovery in this suit the identities of the Doe defendants will be learned and the complaint will then be amended to include the true names of the Doe defendants. If this case proceeds to trial, the jury would decide the liability of Smith, Walker and The Doe Defendants (If any liability is found).


You can read the complaint here:

http://media.nbcbayarea.com/documents/S ... 317110.pdf

 

[Wartooth]

It's kind of cute seeing this 9er's fan trying to condone criminal activity...
Sure, Ole Aldon didn't do nothing, just popped of some rounds in the air...After being STABBED!
Com'on Man! He's a thug...Can't break away from the hood life, to live the good life!
Stupid.

 

[NINEster]

Would you be so quick to make this judgment if it was Lynch or Sherman (Mr. Compton) who was involved in this incident?

 

[Largent80]

Would you be so quick to make this judgment if it was Lynch or Sherman (Mr. Compton) who was involved in this incident?

Hey jackass. Sherman went to Stanford. What an ultramaroon you are.

 

[rlkats]

Would you be so quick to make this judgment if it was Lynch or Sherman (Mr. Compton) who was involved in this incident?

:187734:

 

[Basis4day]

Would you be so quick to make this judgment if it was Lynch or Sherman (Mr. Compton) who was involved in this incident?

Hey jackass. Sherman went to Stanford. What an ultramaroon you are.

And Lynch went to Cal and was a 4.0 student.

For anyone who cares, here is Smith's answer to the complaint:

http://media.nbcbayarea.com/documents/S ... 820202.pdf

Allow me to explain a bit of what is being alleged here (None of the below should reflect what i think actually happened, just an explanation of allegations and response by Smith):

Remember, the Plntf is suing everyone who was involved in or escalated the exchange of gunfire leading to the alleged injuries, not just Walker and Smith. The difference is that the Plntf knows the identities of Walker and Smith. Should the identities of Doe(s) 1-100 become known, you can expect the complaint to be amended and their true names substituted. This would need to occur through written interrogatory responses from Smith and Walker, or deposition testimony from them or other witnesses who are not alleged to have escalated the situation. Interrogatories are written questions to the other party in a lawsuit that they must answer under oath.

From reading the Answer, Smith isn't saying the Plntf accepted that he might get shot by simply going to the party. Hes saying if the Plntf had reason to believe he may come to harm by being at the party (Like seeing Smith shooting a gun off a balcony), and made no effort to leave, he can't really be surprised if he was caught in gunfire 5 mins later.

In Item 20 of the complaint it says Walker was shooting the gun of the balcony.
Item 21 of the complaint says Walker then went to the driveway and shot in the air again.
Item 22 says that the people across the street (Does 1-100, also being sued) returned fire.

You can infer from the above that a measurable amount of time must have passed (Even if it's a minute) from Walker being on the balcony, to Walker being in the driveway to shots being returned by Does 1-100.

What Smith is saying is "If you saw me shooting a gun off a balcony, why didn't you attempt to get to safety?" Smith couldn't use this defense if the Plntf was struck by a bullet from the balcony. He still had a reasonable expectation of safety. What is key here is the time lapse from the first shots being fired, to the time that a bullet struck the Plntf.

In answering this complaint, Smith needs to lay out every the foundation of every possible defense he may present. He isn't stating what actually happened, hes laying out the factual defense of his liability or responsibility to the facts as presented by Plntf.

A very simple analogy. You're at a bar and a fight breaks out.

Scenario 1: You immediately get caught in the ruckus and fall to the ground and injure yourself. You didn't really have an opportunity to remove yourself from the situation. Pretty clear it's the fighters fault you got hurt.

Scenario 2: The fight isn't near you but goes on for 30 seconds and you're near the door. Instead of leaving, you stay, watch, maybe bust out your phone to get a youtube moment. The fight eventually crashes into you and you get hurt. You can't really claim that you had an expectation of safety. You chose to stay in an unsafe situation.

Smith's answer to the complaint is closer to Scenario 2 in this situation from what i see in the court documents.

Feel free to make up your own minds, but i hope i was able to clarify the allegations.

 

[dontbelikethat]

Smith's answer to the complaint is closer to Scenario 2 in this situation from what i see in the court documents.

Feel free to make up your own minds, but i hope i was able to clarify the allegations.

Very insightful post, thank you for that.

 

[Basis4day]

Sure thing.

 

[C-Dub]

Aldon could see time for this for simply firing into the air, right? I mean, what are the laws about it in his 'hood?

Especially in California! That state has flocked up laws with firearms. He could probably be locked up for life with all them dumbsheet politicians down there.