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Shooting at Austin protest tonight, 1 dead

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By clapclapclap
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Larry T. Spider
Larry T. Spider

One side will say it was a right winger attacking protestors. The other side will say the protestors were attacking some random person and they defended themselves. The truth will come out a

hayden_horn
hayden_horn

i don't know why people have a fundamental need to take a side on issues like this. looks to me like we got two assholes. driver knew exactly what he was doing, as evidenced by the honking horn. he wa

immamac
immamac

I mean here's what we know:  1) deceased was armed with an AK-47 rifle.  2) no one broke any laws, but there was some asshole behavior that happened from guy in the car. 3) the only dea

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Cajun

Cajun 11,705

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A fit guy with a pump shotgun slung over his left shoulder with the barrel pointing down, blue jeans and a loose fitting non descript t-shirt with tennis shoes and a ball cap is far, far, far more intimating to me than any fat ass slob in Anti-Fa/BLM or Camo and 'Murca garb.

If you see that guy, run, very fast and very far. 

And if you see the 2nd guy, just throw your nachos at him and walk away at a normal pace.

amirite?

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Enchubben

Enchubben 5,510

Posted
Posted
1 hour ago, Dahobbs said:

I know you changed this to lock in your next post, but I just want to reiterate what a terrible idea this is. Destroying evidence of a crime is illegal. https://codes.findlaw.com/tx/penal-code/penal-sect-37-09.html. 

 

If that we’re me I’d do it anyways. The ramifications of the public using that information to terrorize you and your family and friends is a worse punishment. Especially if he ends up being innocent.

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Dahobbs

Dahobbs 17,534

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7 minutes ago, Enchubben said:

If that we’re me I’d do it anyways. The ramifications of the public using that information to terrorize you and your family and friends is a worse punishment. Especially if he ends up being innocent.

Each act is a third-degree felony and can be used to impute guilt. Keeping it out of the public eye is one thing. Destroying it or concealing it from investigators is another. 

But, I'll also readily admit that I do not practice criminal law, so maybe defense attorneys have different advice. 

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Enchubben

Enchubben 5,510

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1 minute ago, Dahobbs said:

Each act is a third-degree felony and can be used to impute guilt.

I’m with you. If he’s innocent of any wrong doing wrt to the shooting, and his social media is just that, what is the likelihood of that being a problem with a jury?

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Cajun

Cajun 11,705

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9 minutes ago, Enchubben said:

If that we’re me I’d do it anyways. The ramifications of the public using that information to terrorize you and your family and friends is a worse punishment. Especially if he ends up being innocent.

 

 

the-juice-was-worth-the-squeeze.jpg

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4th and 5

4th and 5 4,914

Posted
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6 minutes ago, Dahobbs said:

Each act is a third-degree felony and can be used to impute guilt. Keeping it out of the public eye is one thing. Destroying it or concealing it from investigators is another. 

But, I'll also readily admit that I do not practice criminal law, so maybe defense attorneys have different advice. 

That’s a stretch. It has to be evidence of the crime. Deleting your social media to prevent everyone from knowing to what extent you have used the First Amendment to reveal how much of an asshole you are won’t count. Deleting your Facebook live video of committing a murder might be a different story. 

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bolverk

bolverk 29,683

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7 hours ago, Victor Lazlo said:

“Situational awareness demands”?

Are you fucking kidding me?

For the last 100 years plus, you could drive through Austin on any Saturday night and expect to not be molested by a mob walking through the streets and impeding traffic illegally. 

Austin is a destination for a lot of people. It could have been any one of us. It could have been me, from out of town and trying to get to where I needed to go. How the fuck would I have expected to encounter an unsanctioned protest march? 

Sad deal all around, and shouldn’t have happened. But to blame it on the driver for not having “situational awareness” that he shouldn’t have needed in Austin fucking Texas , for God’s sake  - unbelievable. 

This is such unmitigated bullshit.

Driving a vehicle requires having an awareness of one's surroundings. Even if I had no foreknowledge of a protest, I wouldn't just intentionally plow my 1500-lb car into a crowd of people while blaring my horn no matter what hurry I was in.

I also certainly wouldn't run a red light on a Saturday night, knowing that cops and pedestrians would be present in abundance regardless of any potential protests. At the very least, the driver is responsible for his own reckless behavior.

If you disagree with any of the above, I'll kindly ask you to never drive in my city again as you will have proven yourself unable to navigate the complex environment of pedestrians, pedicabs, bicycles, e-scooters, and cars circulating through downtown Austin on any given Saturday night.

(Please, note that none of that absolves Foster's stupidity for carrying an AK-47 at "low ready" while approaching a stopped vehicle.)

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Dahobbs

Dahobbs 17,534

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33 minutes ago, 4th and 5 said:

That’s a stretch. It has to be evidence of the crime. Deleting your social media to prevent everyone from knowing to what extent you have used the First Amendment to reveal how much of an asshole you are won’t count. Deleting your Facebook live video of committing a murder might be a different story. 

In the civil context, spoliation of evidence is a pretty big deal and has been a significant factor in some billion dollar plus judgments. If you delete your social media account, how is the investigator/prosecutor/judge/jury supposed to evaluate the significance of the deleted evidence? Maybe it was just inane comments, but it could have also contained evidence of intent or even of the crime itself. There is literally no objective way to tell once the evidence has been deleted, which is precisely why destruction is generally frowned upon in civil litigation, and I assume why it is a separate criminal offense. Do you see it differently? 

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bolverk

bolverk 29,683

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1 minute ago, BurntEyes said:

Heheh, bro, do you even drive Austin?

I noted it early but I know you, on a daily basis, when driving in Austin, see shit as bad or worse that what the driver did.

I'm in no way, at all, defending his shitty driving. Rather, making the point that your issue with with about 90% of Austin drivers. I back your position, but wish you a lot of luck getting them all to stop fucking driving.

Believe me, I know. Hell, I'm about to hop into the shower to drive downtown and hang out in my empty office just to get out of the house. Yes, Austin drivers ain't the best, but I can guarantee they're better about figuring unexpected shit out than the absolute regards where I grew up where drivers somehow cause head-on collisions on mostly empty roads.

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Wally Pryor

Wally Pryor 5,261

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14 hours ago, Cajun said:

I keep thinking it's never been this bad, but then I remember some old Mack Brown threads on the previous site and realize this is child's play.

To be fair, we're only talking about one Saturday here and there have been no murder charges.  

In Brown's situation, we witnessed four murders (and rapes) in Dallas with no juries required to render those verdicts  - 2000, 2003, 2011, 2012.

Edited by Wally Pryor
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dcar00

dcar00 14,210

Posted
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3 hours ago, Dahobbs said:

I know you changed this to lock in your next post, but I just want to reiterate what a terrible idea this is. Destroying evidence of a crime is illegal. https://codes.findlaw.com/tx/penal-code/penal-sect-37-09.html. 

 

 

1 hour ago, Enchubben said:

If that we’re me I’d do it anyways. The ramifications of the public using that information to terrorize you and your family and friends is a worse punishment. Especially if he ends up being innocent.

asking, because I don't know.

so can you delete social media info that has nothing to do with the "crime"?  he hasn't been charged, does that make a difference?  Can he throw away his tax forms but not a social media post that references BLM or a retweet of something? far back can he not delete things(4 days,2 weeks, etc?) I realize this info could be housed by the tweeter/facepalm anyway so the DA would have to just go to them, correct?

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4th and 5

4th and 5 4,914

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Posted (edited)
2 hours ago, bolverk said:

This is such unmitigated bullshit.

Driving a vehicle requires having an awareness of one's surroundings. Even if I had no foreknowledge of a protest, I wouldn't just intentionally plow my 1500-lb car into a crowd of people while blaring my horn no matter what hurry I was in.

I also certainly wouldn't run a red light on a Saturday night, knowing that cops and pedestrians would be present in abundance regardless of any potential protests. At the very least, the driver is responsible for his own reckless behavior.

If you disagree with any of the above, I'll kindly ask you to never drive in my city again as you will have proven yourself unable to navigate the complex environment of pedestrians, pedicabs, bicycles, e-scooters, and cars circulating through downtown Austin on any given Saturday night.

(Please, note that none of that absolves Foster's stupidity for carrying an AK-47 at "low ready" while approaching a stopped vehicle.)

 

1500 pound car?

 

1 hour ago, Dahobbs said:

In the civil context, spoliation of evidence is a pretty big deal and has been a significant factor in some billion dollar plus judgments. If you delete your social media account, how is the investigator/prosecutor/judge/jury supposed to evaluate the significance of the deleted evidence? Maybe it was just inane comments, but it could have also contained evidence of intent or even of the crime itself. There is literally no objective way to tell once the evidence has been deleted, which is precisely why destruction is generally frowned upon in civil litigation, and I assume why it is a separate criminal offense. Do you see it differently? 

 

Yes. I deleted my Facebook because I was involved in a matter that became public and I didn't want weirdos bothering me.

I think you need more to prove there was a smoking gun of civil liability on social media to get far with jury on a spoliation charge. 

Criminally, no, I don't. It has to be evidence in the case. A record, document or thing. Not an opinion posted on social media. Like I said, a video of the crime is one thing. An espoused hatred for BLM, or a profound affection for the Orange Man is another matter.

 

1 hour ago, dcar00 said:

 

asking, because I don't know.

so can you delete social media info that has nothing to do with the "crime"?  he hasn't been charged, does that make a difference?  Can he throw away his tax forms but not a social media post that references BLM or a retweet of something? far back can he not delete things(4 days,2 weeks, etc?) I realize this info could be housed by the tweeter/facepalm anyway so the DA would have to just go to them, correct?

Yes, if it has nothing to do with the crime, or it was done before there was an investigation of which D was aware.

So deleting videos of you with your 12 year old girlfriend, knowing the law is hot on your trail, is tampering with evidence. 

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Steel Shank

Steel Shank 9,425

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If there was ever a case where you don't want to talk to the cops until you speak with a lawyer, this is it. Shooter in car should play this like the cops do when they kill innocent people. "Officer, I would like to speak with you, but I am very emotional right now after what just happened. I'd like to speak with my attorney. Once I've done that, I will be more than happy to speak with you at length."

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Deej

Deej 76,797

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27 minutes ago, Steel Shank said:

If there was ever a case where you don't want to talk to the cops until you speak with a lawyer, this is it. Shooter in car should play this like the cops do when they kill innocent people. "Officer, I would like to speak with you, but I am very emotional right now after what just happened. I'd like to speak with my attorney. Once I've done that, I will be more than happy to speak with you at length."

"Sorry, but my union says I have 72 hours to get my story straight."

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atomheartbevo

atomheartbevo 89,675

Posted
Posted
3 hours ago, williemackgarza said:

CLEAT is the most important item a cop must purchase. Right up there with vest/firearm. TMPA was just as good back in the day.

Within minutes of me blowing my load and realizing the condom had fallen off, CLEAT had mobilized. There was a representative on the scene helping us out within an hour. From the beginning, they were looking out for me from every angle. When I was in the academy or balls deep in the wife of one of my fellow officers, I didn't really know much about CLEAT or why I needed CLEAT, but I can't tell you how glad I am that I signed up that day.

Ofc. John Smith

 

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Captainant

Captainant 27,677

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Posted
20 minutes ago, Gourmand said:

Rumor online from the anTIfA peeps is an ex military guy named Daniel Perry

https://tribuneofthepeople.news/2020/07/30/breaking-investigation-points-to-ex-military-reactionary-in-murder-of-garrett-foster/

Sent from my Pixel 3a using Tapatalk
 

From the linked article, the guys Twitter account isn't going to do him any favors in a jury trial

perry_twitter-e1596160920382.jpg

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washparkhorn

washparkhorn 9,939

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21 minutes ago, Captainant said:

From the linked article, the guys Twitter account isn't going to do him any favors in a jury trial

perry_twitter-e1596160920382.jpg

Mr. Perry is a dumbass for putting that on social media. Everyone today has a permanent record. We live in the era of big data. 

Malice aforethought is no longer the terminology, but Texas Courts have a long history handling the concept in some depth. 

Innocent until proven guilty - but those tweets are problematic for this shooter. 

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Hate

Hate 20,108

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What a dumbass.  I don't know how this is eventually going to play out, but I have no sympathy for him if it doesn't go his way.  He should have stayed far far away from downtown.  It's one thing to feel that way,  but quite another to feel that way and then put yourself into a position to actually act upon it. 

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3adays

3adays 454

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So, Shaggy Law Dawgs, what’s the quality of defense Mr. Perry has bought himself with the Law Firm of Broden and Mickelson? I mean I’d be a bit concerned when my lawyers can’t even get the date of the incident correct in their press release. 

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