But how do you prove there was a commission of a felony occurring prior to the victim being killed? Maybe those guys went over to talk, maybe engage in a physical altercation. Is that a felony in and of itself? If not, how could you hold Hightower liable for the death of the victim?
If they were there to rob the victim, that’s a different story.
the witness didnt name teshaun as the shooter, she said she saw him with a gun, and went to hide. she didnt see who fired it.
Also According to the report. The beat up friend told the cops he Called his friends to come help him right after get pistol whipped. And noted they came shortly after. Not that they met together and went to his house… it doesn’t say whose apartment it is. It could be the victims, it could be the girlfriends, it could be the guy that got beat up… I’m not sure how you’re assured it was the victims apartment and they went to him, and I’m sure the lawyer will argue they weren’t being aggressors but checking up on the injured friend
Come on now.
The victim came out of the house, not the other way around.
Sure sounds like others showed up there looking to confront him, not the other way around.
Doesn’t matter if it was his house or not. They came to a house where he was apparently welcome. But they apparently weren’t.
And the arrest warrant says that the friend was pistol whipped earlier in the day.
They apparently showed up looking for a little revenge.
And the witness says she saw Teshaun pull a gun and heard shots.
And who ended up being shot and dying?
I assume the underlying felony for the felony murder rule is aggravated assault.
Not sure about GA law, but in TX, that need only be a threat with a deadly weapon.
If they came over looking for trouble pulled a weapon, and were threatening, then there is your underlying felony for application of the felony murder rule.
you might be a law expert (based on your user name), im certainly not… but i find it hard to accept that if im outside your apartment (public space/ it wasnt a house/ the ajc confrimed)…all becuase you dont like me, you can come out of your apartment and point a gun at me, after pistol whipping/beating up someone else
i read the witness statement, she NEVER said she saw anyone fire a shot, she said he saw tesahun bring it out, then went to hide, and later heard a shot (did not witness any firing)
also you are adding a lot of your own contxt that isnt there… “looking for revenge” it might have been just to press him, it happened alot when i was a coach, whenever someone did something bad, they gather a bunch of older tough people to get them to apologize…
and again in the police report, they came to meet the friend, they didnt come with the friend.
“Investigators said Farmer claimed he was pistol-whipped by Long and called in several friends…They believe Hightower arrived at the complex with five others not long after”
you say it will be hard to make a case for self defense, but it seems like not that hard of a case
“my friend was attacked and told me he needed me my help and was in fear, i brought my gun for protection. the moment i arrived the victiim pulled a gun on me, and i was scared for my life after what had happened earlier”-- in teshaun case- “i just showed up for my friend and shots started being fired”
a good lawyer cauld probably even make a way easier case aswell
Can we all agree that this guy might have some character issues…at a minimum?
Thanks. That answers my question.
The pistol whipping wasn’t occurring when the incident took place according to the arrest warrant. It took place earlier in the day.
Or at least, that’s what YOUR favorite source (ajc) is saying.
Let’s read and quote from the ajc.
Quote: According to an arrest warrant, the group went to the North Park at Eagle’s Landing complex on Spindletop Way to confront the victim, Devontae Long.
Quote: On the morning of the shooting, Long and another suspect, Tyreek Farmer, were involved in a fistfight inside an apartment in the 600 building, according to the warrant. Investigators said Farmer claimed he was pistol-whipped by Long and called in several friends as backup.
Quote: They believe Hightower arrived at the complex with five others not long after.
So they showed up where the victim was… looking for a fight, and confronted the victim, not the other way around. This is coming from YOUR source, so don’t try to argue.
And according to the same source, the witness SAW Teshaun with a gun and heard shots. See here.
Quote: He (Hightower) is accused of pulling the trigger when the group confronted Long in a breezeway, according to the warrant. Long’s girlfriend allegedly saw Hightower with the gun and heard the gunshots.
So THEY confronted him well after any pistol whipping (if any even happened; the warrant says it was just a fistfight, not a “pistol whipping,” that’s just what Farmer said later).
And a witness saw Teshaun with a gun, and heard shots…and the guy lying dead is not one of the group of six.
Dig?
This was not, according to the warrant, a case of one guy beating another with a pistol, and five buddies just happening to fortuitously be nearby at the right place and time, and said buddies coming to save him and then shooting the assailant while the beating was in progress.
THAT might very well be a defense of others (not “self” defense) scenario, but that’s not what allegedly happened here.
On the contrary, it’s a case of a guy coming back after an earlier incident bringing his buddies (like six folks total) to take revenge on someone for a previous grievance, bringing a gun with them, and shooting the guy they were looking for vengeance against in the process of confronting (and most likely threatening) him.
Sounds like murder or felony murder to me!
Now then, could the girlfriend be lying?
Maybe. As a I said, we’ll see if she’s credible.
Is it possible that a pistol whipping by the victim was taking place at the time?
Again, maybe.
But that’s not what the warrant says.
The warrant says a fistfight occurred earlier and that these guys showed all showed up after that to confront the guy; as I said, apparently looking for a little revenge.
The notion that a pistol whipping was taking place at the time the others intervened/ the time of the shooting is hard to believe. The defense would have you believe that ONE guy is pistol whipping another guy out of a group of SIX right in front of them???
Come on now. You expect a jury to believe that ONE guy confronted and took on SIX other guys … and even managed to pistol whip one of them, and then they fought back against him in defense?
REALLY???
I don’t think that many people are going to pick a fight with SIX other people, unless they are completely suicidal. More likely the other way around.
That will NOT be an easy case to make.
If a pistol whipping even occurred, it most likely occurred earlier, with the victim coming back with his buddies later to exact a little pay back. That would NOT be self defense or defense of others scenario.
Oh, and coincidentally (chuckle chuckle) one of them had a gun and pulled a trigger on the other guy.
Come on now.
Self defense in a murder case is almost never an “easy” case to make.
And if the facts in the warrant are correct, it will be a VERY hard case to make here. It strains the limits of credulity. Even defense of others won’t work if there was no beating taking place at the time (which is what the warrant says).
It seems like one or two of the guys in custody will crack and say who did the shooting to get a lesser charge. Of course my legal expertise is limited to what I see on TV shows.
It’s like you’re a prosecutor trying to make a case and not being very objective. You’ve added so much context that isn’t there. So much
There are atleast 7 witness. It’s be wierd to claim someone shot with that many witnesses. But you are basing one of your points on a person who said they didn’t see who fired the shot
And “Came back for revenge” is completely made up by you without any solid evidence to even state that, I’m a relatively big dude so people call me after incidents alot. I’ve never jumped or shot anyone ever.
I’ve actually been a similar situation (but me and some girls where the ones pistol whipped), wierldy enough at UH. At the person who pistol whipped shared apartment in UH (were friends with roomate). I didn’t care much but the girls were hysterically crying and called some people. No one came for “revenge”, they met him at as his apartment, talked him how it wasnt cool, and he apologized to the girls. No one even wanted to get the kid in trouble. But according to your logic they came for some revenge
If they came back AFTER the pistol whipping (assuming that that even happened; cops say it was a fist fight) was over, then it is NOT defense of others, nor is it self defense defense under the law.
At that point, it’s a brand new confrontation; likely a threat with a deadly weapon, which would be a felony in and if itself; accompanied by a shooting (felony murder rule would then apply to all of them, regardless of who pulled the trigger). Even a defense attorney like DGhis told you that.
Hey listen, everyone is presumed innocent until proven guilty, and of course, we haven’t heard from the Grand Jury; not even indicted yet. They could very well “no bill” it f they believe the defense and disbelieve the girlfriend and other evidence presented.
But let’s just say this. Unless the victim was literally actively pistol whipping one of the six and the others then stepped in at that moment to save him, any self defense or defense of others defense just won’t work.
If the pistol whipping (again, assuming it even happened; that’s a defendant’s story; cops say just a fist fight) was over, and he came back later with friends, by which time he would not have been in either imminent danger or imminent threat of bodily injury (and that’s what the warrant says), …then sorry. No self defense or defense of others is tenable at that point.
At that point…THEY are the aggressors. It’d be nice to think that they came over just to “talk about it,” but come on now. They guy that they came to “talk about it” with got shot and killed. I suppose they can take the stand and try and make that case, but good luck being believed on that when they brought a gun over with them, and, according to an eyewitness, pulled it out. Certainly no explanation to that effect has appeared in anything that has been reported thus far.
What SHOULD happen in a case like that is that the guy should have gone to the police after he got pistol whipped.
At that point, maybe the other guy would be facing AADW charges; of course, the other guy might claim that he was acting in self-defense at that point.
But because he apparently came back with buddies to force a new confrontation, and was not in danger or under threat at that point…no self defense or defense of others applies.
And as I said before…good luck making the case that one guy was the aggressor against SIX guys and that they were defending themselves against him.
That dog doesn’t hunt. It may bark, but it doesn’t hunt.
Is this where we have gotten to as a forum? Arguing the guilt or innocence of a Tulane basketball player? Tulane! Really? Can we agree it’s tragic for everyone involved especially the family of the deceased and move on?
Amen!
As sad and tragic as it is, the topic title clearly states what the discussion is about…no hijacking involved.
In my opinion, if one person stumbles across this and makes them realize the concept of unintended consequences, then it is worth it.
©Copyright 2017 Coogfans.com