Straight Forward in a Crooked World
Thursday, January 19, 2012
Dark Arts for Good Guys: The Right to Knife pt II
Everything about fighting starts inside your head.
Gun, knife, or hands. It makes no difference.
The response that begins in your head flows to your hands. That response is strongly aided in micro-planning, or rather the ability to deal and confront in immediate fashion because you have previously trained to do so.
Translation: In the eternity of a whole second a defensive resolution has to be formulated in your head and reproduced at your hands. After that your ability to overcome is dependent upon your ability to reduce the attacker's rate of survival in their encounter with you. This equates to liquidating their body of blood or stopping the transmission of signals from their brain to the appendages.
Damage has to be significant enough to encourage them to break off the attack, lose consciousness, or the use of the arms and/or legs....and it has to be done quickly.
Because in an encounter with violent humans it is generally a hands/brain combination that is your biggest threat, legs and feet being the second (yes dear reader you can still be stomped to death in the 21st Century). Most likely though hands are the problem this is why you hear it preached "Watch the hands. Hands kill."
If you are forced into the position to defend yourself with a knife-in-use this means being on the inside of the "dance space" as the late Patrick Swayze referred to it in Dirty Dancing , "This is your dance space. This is my dance space" (yep).
The Chest & Upper Body
No other portion of the body allows for such an array of significant multiple and viable targets that in a matter of a few short seconds can lead to cascade-like failure for your attacker. Unlike the abdomen the chest has a protective bone structure in the form of the ribcage and shoulder girdle. However unlike the head/skull it is not a vault like structure and is readily penetrable. In fact 25% of all deaths in the U.S. is attributed to chest trauma. The trauma we are looking at here is predominately stabbing.
The slash cut has its place...without question. Where a slash to the surface of the chest cuts muscle and tendons its also stopped from further penetration from bone and a lack of pressure on the knife because the grip angle for a slash is reduced in comparison to a push (read: stab). It's physics.
In the span of one second the average and capable adult should be able to deliver three smashing stabs across a span of nine or ten inches. Look at your shoulder and poke your finger inward every three inches.
Now instead of thinking skin deep, with each poke think was sits in between your finger tip and the skin of your back.
Or you can keep reading.
From the shoulder socket you can severe or atleast lacerate part of the lateral cord; which contains the lateral pectoral nerve, the median nerve, and the musculocutaneous nerve. But as the knife slices nerves it also cuts through multiple layers of muscle tissue and does so regardless of whether you are going at it front-to-back, back-to-front or from the outside of the arm inward. Cuts to the deltoid muscle works in tandem with the the chest muscles, biceps and on down to the forearm. A stab (or multiple stabs) while not necessarily lethal in the short term sense they greatly reduce your attacker's ability to attack effectively.
His mechanical ability to maintain a grip on you or a weapon is now reduced in significant fashion, but so is his ability to rotate the arm and the hand.
Why is this important?
Say for example he has a handgun, a stab here followed by a hasty exit on your part reduces his ability to raise, aim, and fire. The multiply factor is you are also now a rapidly, erratically moving target ever decreasing in size...meaning hard to hit under "good" conditions for him.
The other winning factor in this is if in your fight he ends up down on the ground it makes it difficult for him to push up and get up...not impossible...but the difficult factor is high. All because of a three to four inch deep cut.
Moving inward from the arm several inches a stabbing blow delivered to the chest has a high probability of puncturing a lung. It sounds "meh" to read it but instant deflation of one of the two lungs is almost an instantaneous fight stopper.
The internet experts like to tell you of the raging bull attacker who can't be stopped by multiple cylinders of .357. No one thinks of a 105lb woman with a folding knife deflating his lung that leaves him gasping on the floor like a fish out of water. Yet the reason is simple. Your chest expands and contrasts as you inhale and exhale and since breathing is an involuntary act your attacker is breathing while he attacks you. Sounds stupid right?
Who thinks of bad guys breathing in and out?
In the brief interlude between you slamming a four inch folder into his chest/lungs and pulling it out he has either inhaled or exhaled. One or the other. If he inhaled just prior to your stab you have unexpectedly robbed his body of air as it rushes from his chest. If he exhaled the lung has contracted.
Once a lung has contracted the internal world of his chest takes up that space (or tries to). This inward exerting pressure along with the hole in his chest prevents the lung from re-inflation either fully or parially. No re-inflation means no air.
No air. No fight.
His very own body begins to act like a boa constrictor, with each exhale the body tightens around the lung.
That last third of a second and your third stab wound going towards center mass stands a high probability of a direct hit on the heart. Unlike a slash to an arm or leg, a deep puncture will not stop bleeding from applying pressure alone. Drill the heart and you get severe-crippling pain (ask someone who suffered a heart attack about pain), and blood loss at an increased rate. Since the heart's job is to act as a double pump to collect de-oxygenated blood re-distribute freshly oxygenated blood to the body a laceration to it is "problematic" for the attacker. The body can not get fully resupplied (like any wound with blood loss) and significant trauma means the body can not get the oxygen it needs to aid in lung function and...brain function.
Count one full second while tapping your finger three times.
Three wounds in one second. From you to the bad guy.
Arm function is reduced, ability to breath deteriorating, severe pain in multiple locations+blood loss+unexpected negative impact on achieving goal of attacking victim....
Any attack is going to last several seconds under the best conditions for you. As you counter attack he has to block. If you are attacking the upper chest and head region almost everyone is going to try an raise an arm to block the attack. When an arm goes up to protect exposure also occurs.
You now have a direct line of counter-attack on the arm pit, the elbow, the lungs again, the forearms. A knife in one hand and an empty hand or closed fist allows for a quick barrage attack of slashes and stabs in short order. Hitting the underside of the arm near the arm pit means there is strong likely-hood of cutting open the brachial artery.
It sounds redundant doesn't it. Muscle damage, blood loss, puncture wound.
But do you get it?
Your attacker is human...just like you. When you are armed in one fashion or another you fight less an attackers brawn and more his ability to think through what was supposed to be a short win and is now a rapidly changing lethal encounter.
An attacker doesn't think in a sense of planning a defense. Yet we do. That means we have an elongated plan based upon being attacked and then overcoming that attack.
There is something else. If you haven't picked up on it yet. A knife defense doesn't mean a knife fight i.e. knife-on-knife. We are talking about the honest citizen/good guy taking on a bad guy armed in any fashion and winning.
The utilization of knife work in defense work also will get the internets fired up with statements like "you're gonna get cut". It's just not true that this is a "guaranteed" outcome. A woman in minivan can kill a rapist with a knife and never get cut, a dad grocery shopping on vacation fresh off the beach with a folder can blindside a gunman bent on a mass shooting and prevail physically unscathed. Everyone seemingly obsesses that they will get cut because there is a knife around yet most never seem to think or give more than a passing thought of being shot in an exchange of gunfire. Because in case no one ever told you in a gunfight you're downrange.
Stop trying to predict the future. You will either get injured or you won't.
If you obsess about getting shot or getting stabbed or otherwise killed you won't engage or you will do so blindly, stupidly and wildly. You can't treat your injury until the bad guy is dead, down, or fleeing. Make that happen faster. No one, not me, not you, not the best instructor in the world can guarantee your life...if it comes to a toe to toe fight remember this:
You came into this world covered in someone else's blood you should, in the midst of a violent attack upon you, atleast leave in the same fashion.
Tuesday, December 13, 2011
Dark Arts for Good Guys: The Right to Knife
To what extent are you willing...and capable of saving your life? If no gun were available could you ...would you...are readily capable of doing so with a knife.
Would you slit an attacker's throat?
Could you use a knife to filet three inches of forearm off of a rapist, a serial killer?
Can you descend to that primal place of fight at bad breath distance and prevail? In a very real world people are attacked inside of elevators and the ability to escape may not occur until the word “Lobby” is back-lit. Mothers are forced to the floor boards of vehicles and raped in front of the children, adventure seeking teenagers are found beaten and tortured to death with their heads found in creek beds. Grown men are jumped and beaten by teenagers on subway platforms left mangled and crippled for life.
And this happens every-single-day.
Whether you are in the back streets of Kuala Lumpur, NYC ,a remote camp site in New Mexico or in the cubicle at your office park as a gunman walks around shooting people. A knife beats bare hands and, while a big knife is better the reality is when it goes down you're most likely going to have a folder or small fixed blade to work with.
Isn't a gun better?What brand makes the best tac-folder? I heard knives are illegal to use in defensive situations? Don't worry about it. This isn't an argument about which is better, or knife-nerding about why knives are cool.
The situation is this, you are about to lose your life. Save it. Because what you need more than anything is the willingness to engage..to step INTO the fight.
Into a fight......WITH a knife?
Why do you think you practice that 21 foot in one second drill at the pistol range? The dictum is that the average person can cover twenty-some-odd feet of ground in a second and start killing with a knife. Well brother the phone rings both ways don't it. If a bad man can cover a short distance fast and kill with a knife, the average citizen can reverse the role.
Look the human body dies from either one of two ways. Natural causes or trauma. When we talk about knives and bad guys we are talking about trauma. Therefore the idea in self-defense is to create a negative alteration to the attacker's body and...... to their mind. Screw with both of those simultaneously and winning is the by product, because you should never give an attacker much credit in the bravery or the commitment department. The moment they start losing they are in the hole, because they just invested in you or rather who-they-thought-you-were (read: Food).
It's a hard concept for decent people to get around, but for a career criminal they spend the majority of their time devoted to their career...just like you do. A rapist, a serial killer, a spree shooter, general thug doesn't think about getting on with a normal like. Rather they attempt to appear normal so they can operate in the same theater as you and I. Hence the old saying a wolf in sheep's clothing.
It's a hard concept for decent people to get around, but for a career criminal they spend the majority of their time devoted to their career...just like you do. A rapist, a serial killer, a spree shooter, general thug doesn't think about getting on with a normal like. Rather they attempt to appear normal so they can operate in the same theater as you and I. Hence the old saying a wolf in sheep's clothing.
You having a bad work day, might mean a ding in the pay check or a reprimand from the boss, or an unhappy client. For the criminal it means getting hurt, getting caught and locked up or getting killed.
How do we go about delivering bodily harm with a knife to an attacker? After all there really isn't a place on the body that can't be stabbed or cut or cause copious amounts of pain so why bother thinking this through? I mean in a fight its going to be blind stabbing....right?
For the same reason we go to the pistol range and do live fire defensive drills, aim center mass or for the head. Because in these regions bullets cause the most destructive damage to the body.
And like that, using a knife for defense has some great areas, good areas and available areas. I won't say bad because lets face it even if someone can function with a knife stuck in the top of their skull it's not “ideal” living conditions for them.
Here is the last thing I want you to remember as we go about breaking down the target areas of the body. Think about it now, occasionally as you read this by stopping and closing your eyes, and when you lay in bed....IT-IS-GOING-TO-BE-A-CLOSE-FIGHT.
Here is the last thing I want you to remember as we go about breaking down the target areas of the body. Think about it now, occasionally as you read this by stopping and closing your eyes, and when you lay in bed....IT-IS-GOING-TO-BE-A-CLOSE-FIGHT.
Closer than you want....and closer than you may think you are capable of dealing with.
Think of his bare teeth and spit an inch from your nose, his hand gripping a fistful of your shirt, his forearms snaked around your throat.
Worried a bit? Hesitant with that idea? Scared out of your head but don't want to really admit it...that's cool get it out. Now take a minute to close your eyes, wrap your weak hand around his throat, take that thumb of yours and *click* open that tactical folder of yours and win.
Worried a bit? Hesitant with that idea? Scared out of your head but don't want to really admit it...that's cool get it out. Now take a minute to close your eyes, wrap your weak hand around his throat, take that thumb of yours and *click* open that tactical folder of yours and win.
Upfront. Stabbing beats slashing for the purposes of increasing a lethal wound quicker. A slash bears a strong psychological bomb. Lance the body and it opens. When it opens things spill out. It also creates a long external but, shallow (relative to how deep you cut) wound area. Blood and muscle are now exposed and there is likely nerve damage but the slash cut does its best on bare skin. Great if your attacker is naked or even half naked. Not so good if he is wearing a down jacket. Though from a tactical advantage the slash-cut to the face (especially above the eyes) is going to be a thin cut because of the amount of bone-to-skin but head wounds bleed bad. Blood in your attacker's eyes is going to keep blinding him until he contends with it. This requires putting pressure on the wound, which in turns requires one or both hands. Thus increasing your target area on him and decreasing his ability to cover his vitals.
The puncture however is what we are looking for whenever we can get it. A ball point pen requires something like 5lbs of pressure to break through and create a puncture wound on soft areas (like around the carotid artery). A knife, especially with a good clean point a pound...maybe two. Go push on a scale and see what that feels like.
But we are not talking about being nice here. If you are puncturing you should be s-l-a-m-m-i-n-g the blade into him with 20 and 30 lbs of pressure. The deeper the wound channel the better. Couple that with multiple stab wounds and the fight changes quickly and in your favor.
Queasy uneasy yet?
Queasy uneasy yet?
Not very politically correct? What do you think your bullet fired from your pistol does?
It creates a penetrating wound that in some cases will go in the front and out the back. Your bullet stabs a hole in the body of your attacker. With a gun you are getting to do it from a distance. With a knife and especially a small one you are doing it body on body contact and you are having to physically manipulate that blade past clothing and skin hopefully glancing or all together missing bone in the process.
Still think you don't need to practice?
THE HEAD
The head isn't that great of target for the knife as it is for the bullet. The skull, which acts as both a vault to protect the brain and to give structural support to the face is dense, hard, and round. All joking aside it's not an unlikely possibility to slam a knife into the cranial vault and find out it's stuck. While a blade in the head is....well odd and obviously dangerous it's not necessarily fatal or even painful (though it could make for a decent handle to grip on while deliver blows with your fists until he stops). There has been more than a couple of people who have walked themselves into an ER with something stuck in the skull.
The vulnerable areas of the head are the face and the base of the skull, which if you look at sits higher than you think. The chin for example can sit more than a few inches below the skulls base by comparison.
So while stabbing and slashing the back of the skull is pointless when compared to other parts of the anatomy, the skull's base is not a bad area to attack. Get below the Occipital region and target the Cervical Vertebrae with stabbing blows or deep cuts and it's light out. Sever the spinal cord here and death is anywhere from tenths-of-seconds to-seconds.
How would that be possible?
The vulnerable areas of the head are the face and the base of the skull, which if you look at sits higher than you think. The chin for example can sit more than a few inches below the skulls base by comparison.
So while stabbing and slashing the back of the skull is pointless when compared to other parts of the anatomy, the skull's base is not a bad area to attack. Get below the Occipital region and target the Cervical Vertebrae with stabbing blows or deep cuts and it's light out. Sever the spinal cord here and death is anywhere from tenths-of-seconds to-seconds.
How would that be possible?
Take for instance if you were on your back, your attacker on top of you or your body pinned up right against the wall (think kissing position) with your arms free. Roll/shift your body to the side while grasping the top of his head and pulling it either sideways or over your shoulder and the skull's base/spine is just a few inches from your face. If you can get your arms either around him or above the shoulders you are in. You are also right in the same area as the pharynx. Since this is where both food and air pass through you've got this tiny flap of connective tissue called the epiglottis that closes over the glottis when you swallow food thus preventing pulmonary aspiration. Ever hear those horror stories about drunks being found in the jail cells dead on from choking on their own vomit (as if this post wasn't gruesome enough I know). Well same principal. Stab wounds into this area can cause blood to back up in the throat. If an attacker can't breath he can not fight (you will see this again).
An attack on the face is no doubt traumatic, but not necessarily lethal. Take out the eyes and the attacker loses any ability to target you. Not to mention the immediate reaction of losing sight. His interest in his own dilemma is now greater than his interest in you. The nose is the next decent target and is probably the pain center for the head. It is also home to the Nasal Concha or turnbinates, which divide up the nasal airway. They are responsible for forcing inhaled air to flow in steady , regular patterns. It also acts as a filtration and temperature control center and is the last stop before encountering the cribform plate that separates the nose from the brain. Damage here can be lethal from the immediate impact to the brain in some cases. Regardless, a knife slammed here or a severe laceration where the nose is removed and blood begins actively flowing back inward (and outward) in copious amounts thus making breathing difficult.
The Temporal bone aka the Temple isn't necessarily thinner, but rather flatter. It does make a good point of attack as a knife blade attack from the side is less likely to break or jam and it is also near the Superficial Temporal Aretery (i.e. it's close to the surface of the skin). Either way a knife blow here is just that a blow and any good and solid impact is going to cause disorientation and possibly unconsciousness. This is due to referral shock to the brain not because the area is inherently weak, this is the “punch drunk” scenario. Motor function is disturbed along with the ability to think clear.
The ears are also an area very susceptible to damage. Mind you I said damage, not death, but severe crippling pain. A Ka-Bar LDK may not seem like much more than a shiv but, slide that little 1.5 blade into the ear canal of an attacker and use it's little bent handle like a cork screw and the screaming you hear won't be your own.
The Neck/Throat
No target area (in my opinion) on the body is more ideal than the neck and throat region. It rarely bears any significant cover from clothing and even then generally one layer from either a collar, or mask. And where a lot of areas that “matter” on the human body ,like the brain or the heart, most are protected by bone in one way or another...the throat isn't, the neck not so much. There is a small support system of Thyroid cartilage that essentially acts as a base, and while it is somewhat tough and fibrous it doesn't have the density and strength of bone.
Without question your three best points of counter attack here are the right and left carotid arteries and the trachea (read: wind pipe). If you take your thumb and index finger and open them like you are prepared to pinch something and put them each on the opposite sides of the wind pipe you will feel a soft border on the outside edge of each. That is essentially where the arteries are. Severe and forceful slashes and stabs here stop a fight. Not so much because they cause immediate non-voluntary incapacitation or death like a rifle bullet to the head or a snapping of the neck, but rather they cause rapid blood loss...rapid.
Cutting the trachea creates a back flow of air and blood. Again when an attacker has to fight to get air he can't fight you. He has to choose. The thing about this area is you don't have to work to find one over the other because more likely than not you're gonna hit two out of the three.
You have to be willing to go at it. If you can use both hands....actually use everything. There are no rules that say you can't stab a rapist in the throat while deliver a knee to the groin...or each one repeatedly. If he drops his chin to cover his throat, stab the lower portions of the face and eyes. Or instead of trying to force the head back to open the target area, get a good grip on the back of his head and pull it even lower using his idea against him. His neck area is now tight and fully exposed, and what does the neck do? Supports the head and the throat. Slashes, stabs and cuts here cause structural support problems. Air and blood are again introduced into airways, blood is leaving the body as fast as the heart can pump it out and...you are slicing through neck muscles, nerves like the cervical plexus. Severing all of this creates irreparable damage to shoulder functions.
Since the arm relies on the shoulder and the shoulder relies on the nerves here signal function becomes disrupted. Grips aren't as strong on you, blows less severe. Combine that with an amazing amount of blood loss in short fashion and an inability to breath your ability to escape is almost immediate.
Mind Games
Knife defense is seen as controversial. It's also necessary. Talk to a career police officer and he will tell you about how to defend against a knife attack. Talk to a combat Soldier, a Marine, or someone out of Special Activities where attacking and hand-to-hand combat is about killing and, not detaining and you will find that the ability to use a knife lethally is fundamentally important.
It is easy to say “not me” I'll never need it. The paramount problem I think most people have with defending with anything other than a handgun is one of several things. For starters its a combination of training and muscle memory. You get it ingrained it into your head to draw, aim and fire. Even with taking a good firearms course that really gets into raising your heart rate and reality 90% of your range experience else where is very sanitized. You shoot-you go home.Training creates confidence. Confidence creates reassurance, reassurance creates bravery.
Understand that is not belittling, it's just how it is. The knife suffers from what the gun does not. There is no “knife range” to go to. No target to set up so you can “knife” at it for 50 or 100 rounds. So most people who carry a knife for defense don't get beyond drawing it and presenting it while standing in the kitchen, only to fold it back up or to re-sheath it.
Get in the habit of mentally visualizing an attacker inside of an elevator and launching an quick barrage attack upon you. Or trying to shove you into the back of a van. Oh I get it. You are thinking this part is for the women...cause you know...rapists. True enough. But at some point Bob Levinson, Daniel Pearl, Paul Chandler and only a few other hundred thousand men through out history have been forced into captivity. This isn't a “please come with us kind of thing” it's an shit kicking assault until submission happens kind of thing...and that is just the kidnapping.
Get in the habit of mentally visualizing an attacker inside of an elevator and launching an quick barrage attack upon you. Or trying to shove you into the back of a van. Oh I get it. You are thinking this part is for the women...cause you know...rapists. True enough. But at some point Bob Levinson, Daniel Pearl, Paul Chandler and only a few other hundred thousand men through out history have been forced into captivity. This isn't a “please come with us kind of thing” it's an shit kicking assault until submission happens kind of thing...and that is just the kidnapping.
Not long back in Boston, a guy was riding a subway with his toddler son. He told the boy to wait “over there” pulled a claw hammer out of his back pack and began slamming a complete stranger while yelling “Allah Akbar!” ...and no I'm not kidding. The man he attacked could have fought back with a knife and won.
In India, where everyone from the West who practices yoga sees this as a “spiritual place”, I stopped an assault that occurred inside of vehicle with a CRKT Hissatsu fixed blade.
The Virginia Tech Massacre, where guns weren't allowed on campus, could have ended in short order if someone with balls and a blade would have chin grabbed the son of bitch and cut his throat.
And that is the reality. It is an incredibly scary prospect for many to step INTO a fight with a knife and kill the bad guy. Some people are cowardly by nature, they have water where there should be blood. Can't fight because they're afraid to fight, afraid to fire, afraid to stab, afraid to resist.
And then there are others who don't fight because they can't think beyond the pistol. If this is you I suggest you stop and reorganize. Because there may come that day where you are vacationing somewhere where your conceal carry permit is broken and as you look out over a beautiful chasm from a suspension bridge taking in the view with your family the guy next to you decides he want to throw people off it...just because.
The end game is this. There is a difference between "feeling safe" and having viable options to safely defend oneself.
And then there are others who don't fight because they can't think beyond the pistol. If this is you I suggest you stop and reorganize. Because there may come that day where you are vacationing somewhere where your conceal carry permit is broken and as you look out over a beautiful chasm from a suspension bridge taking in the view with your family the guy next to you decides he want to throw people off it...just because.
The end game is this. There is a difference between "feeling safe" and having viable options to safely defend oneself.
We don't talk, train, and fight out of a sense of hatred. We do these things out of love. The love to get home, to see our children raised, our families thriving as a whole. I don't “hate” anyone who is trying to do me harm. But they sure in hell are my enemy and I intend on seeing them dead first if it comes to that. I've come home beaten, bruised, battered, rattled, torn, cut, bit and burned...but I've come home.
I expect the same of you.
The Right to Knife Part II coming soon.
Saturday, August 6, 2011
Thursday, June 30, 2011
Screw Luck
It's odd that man's oldest tool, the knife, is regulated to bastard status in self-defense.It's focus for study is often seen as after the fact, or in addition to. Yet it is the easiest to obtain, to smuggle and in some cases deploy.
As the saying goes "The man with a knife has a chance. The man with no knife has no chance"....and that goes for the ladies as well.
So get ready to get bloody, get low down and world class &$*#)%# mean.
The Dark Arts for Good Guys series is returning with a few articles on edged weapons of all shapes and sizes.
As the saying goes "The man with a knife has a chance. The man with no knife has no chance"....and that goes for the ladies as well.
So get ready to get bloody, get low down and world class &$*#)%# mean.
The Dark Arts for Good Guys series is returning with a few articles on edged weapons of all shapes and sizes.
Friday, June 17, 2011
For The Defense: Is self-defense an absolute right?
Earlier this week I received a phone call from a colleague asking if I could assist in a legal defense appeal. The Client is doing life+ with no chance of parole for a double homicide/triple shooting....twenty years ago.
My friend had been interviewing his client in the states maximum security prison and recommended that I be brought on (before I even knew about it, so how's that for trust). He was given the green light and we talked as he was on the drive home. Once fee was discussed and agreed upon I made a trip yesterday to request the court record from archives and, had some time to look over it the thousand plus pages this afternoon.
Here is my question for you, for you to stick in the back of your head should you ever get called into jury duty for such a case...and for you to comment on as well. It is this:
Is lethal self-defense an absolute right?
I believe it is. Regardless of your character and though the law actually reads as such it at least in this case didn't seem to care about that. The same circumstances are often brought up in rape cases and if you were to shift the paradigm slightly of "can a prostitute be raped?" that is where this case is at.
Back in the winter of 1990 the Client is in a neighborhood tavern, he begins chatting it up with a young lady and two guys take issue with this at which time a verbal altercation in the bar begins between the three men, but no physical altercation. Finally the bouncer (in my opinion) makes a fateful decision by throwing all three men out together. The Client begins making a B-Line for his vehicle. No talking smack, no "come on fight me" he's leaving.
At this point B-I-Q #1 and #2 give chase and the three men begin full on fighting. The Client goes around 5'7" and 149lbs while the other two are 6ft-6'1" and between 180-200lbs.
The Client states at one point on the stand that he is becoming physically exhausted and can not keep up against his attackers who show no sign of stopping and at one point B-I-Q #2 grabs his legs and lifts him. The Client pulls a snub-nosed .38 special fires twice into one B-I-Q and once into the other. Killing them both.
In an odd twist of fate a witness is also shot, not by a stray round, but rather due to a shoot through round (I don't know what ammunition was used at this point and time) that connects with him some distance away. He does survive and what I have learned holds no ill will towards the Client saying he was just trying to survive.
Yet the Prosecutor asks him during the trial "why didn't you just fire a warning shot..you know to scare them?"
The hullabaloo to the jury was that the fight wasn't fair. The two weren't armed and the Client was. No one on the original defense team felt it was imperative to mention how many people are simply and effectively beaten to death every year.
Self-defense, even in the P.C. rampant 90's, doesn't require the capability to read your attackers mind so that you can gain insight into the lethal/non-lethal intent. And in fact he (the Client) met obligations in trying to flee from the altercation by getting to his car before being jumped and attacked.
The Client would tell you he wasn't exactly an upstanding guy back in the day and one could argue that, that's Karma for you. But Karma isn't law. The law makes no moral exceptions for who has the right to self-defense and who doesn't.
Hence the "can a prostitute be raped" question. Of course she can.
Once years ago I was in a pub with some friends. I had just left protecting my Principal (client) and was carrying my pistol (a Kahr K9 if I remember correctly). One guy in our group (not a friend and high on the a-hole quotient) started talking trash with some other guys in the bar. A moment before it went bad he looked over and said to me "you got my back right?"
"Absolutely" then shook my head no to the other guys. He was a problematic personality and wasn't any friend of mine, and frankly not worthy of waiting next to him for bail. On that note he punches (attacks) a guy in the other group and a fight ensues...for him. We stayed out of it. And we were right to.
Good ol' fashion bar brawl right?
Hardly.
He assaulted someone and at some point in the ass kicking he got had he pulled a gun and shot his aggressors he would have been in the wrong.Even if he was about to lose consciousness. He was the initial aggressor and attacked, they defended.
What? Really?...I mean what about the whole Dark Arts for Good Guys...leave them dead in the street attitude.
Will Smith has one of my favorite lines of all time in Men In Black that goes "Don't start nothin'. Won't be nothin'."
When he swung first he started it. Words can inflame you, but they can't kill you.
My Client on the other hand weighed in on a heated exchange but tried to avoid a fight which didn't matter because he was pursued and attacked.
No one bothered to ask during the trial what could have happened to him had he NOT had that snub-nose. If they had stomped his head in, broke his back and paralyzed him, or pulled out weapons of their own unseen and unknown of before?
While your character may come under scrutiny during a trial the key element is this regardless of your level of saint or sinner-hood. If you are attacked you have the right to defend yourself by any means necessary to preserve your life. Sadly the court room world thinks we live in the Lone Ranger world where we all have to fight fair. Until someone make an app for reading minds the fighting will remain unfair.
Teddy Roosevelt may have said it best with "Don't hit at all if it is honorably possible to avoid hitting; but never hit soft!"
Needless to say it's going to be an interesting summer.
My friend had been interviewing his client in the states maximum security prison and recommended that I be brought on (before I even knew about it, so how's that for trust). He was given the green light and we talked as he was on the drive home. Once fee was discussed and agreed upon I made a trip yesterday to request the court record from archives and, had some time to look over it the thousand plus pages this afternoon.
Here is my question for you, for you to stick in the back of your head should you ever get called into jury duty for such a case...and for you to comment on as well. It is this:
Is lethal self-defense an absolute right?
I believe it is. Regardless of your character and though the law actually reads as such it at least in this case didn't seem to care about that. The same circumstances are often brought up in rape cases and if you were to shift the paradigm slightly of "can a prostitute be raped?" that is where this case is at.
Back in the winter of 1990 the Client is in a neighborhood tavern, he begins chatting it up with a young lady and two guys take issue with this at which time a verbal altercation in the bar begins between the three men, but no physical altercation. Finally the bouncer (in my opinion) makes a fateful decision by throwing all three men out together. The Client begins making a B-Line for his vehicle. No talking smack, no "come on fight me" he's leaving.
At this point B-I-Q #1 and #2 give chase and the three men begin full on fighting. The Client goes around 5'7" and 149lbs while the other two are 6ft-6'1" and between 180-200lbs.
The Client states at one point on the stand that he is becoming physically exhausted and can not keep up against his attackers who show no sign of stopping and at one point B-I-Q #2 grabs his legs and lifts him. The Client pulls a snub-nosed .38 special fires twice into one B-I-Q and once into the other. Killing them both.
In an odd twist of fate a witness is also shot, not by a stray round, but rather due to a shoot through round (I don't know what ammunition was used at this point and time) that connects with him some distance away. He does survive and what I have learned holds no ill will towards the Client saying he was just trying to survive.
Yet the Prosecutor asks him during the trial "why didn't you just fire a warning shot..you know to scare them?"
The hullabaloo to the jury was that the fight wasn't fair. The two weren't armed and the Client was. No one on the original defense team felt it was imperative to mention how many people are simply and effectively beaten to death every year.
Self-defense, even in the P.C. rampant 90's, doesn't require the capability to read your attackers mind so that you can gain insight into the lethal/non-lethal intent. And in fact he (the Client) met obligations in trying to flee from the altercation by getting to his car before being jumped and attacked.
The Client would tell you he wasn't exactly an upstanding guy back in the day and one could argue that, that's Karma for you. But Karma isn't law. The law makes no moral exceptions for who has the right to self-defense and who doesn't.
Hence the "can a prostitute be raped" question. Of course she can.
Once years ago I was in a pub with some friends. I had just left protecting my Principal (client) and was carrying my pistol (a Kahr K9 if I remember correctly). One guy in our group (not a friend and high on the a-hole quotient) started talking trash with some other guys in the bar. A moment before it went bad he looked over and said to me "you got my back right?"
"Absolutely" then shook my head no to the other guys. He was a problematic personality and wasn't any friend of mine, and frankly not worthy of waiting next to him for bail. On that note he punches (attacks) a guy in the other group and a fight ensues...for him. We stayed out of it. And we were right to.
Good ol' fashion bar brawl right?
Hardly.
He assaulted someone and at some point in the ass kicking he got had he pulled a gun and shot his aggressors he would have been in the wrong.Even if he was about to lose consciousness. He was the initial aggressor and attacked, they defended.
What? Really?...I mean what about the whole Dark Arts for Good Guys...leave them dead in the street attitude.
Will Smith has one of my favorite lines of all time in Men In Black that goes "Don't start nothin'. Won't be nothin'."
When he swung first he started it. Words can inflame you, but they can't kill you.
My Client on the other hand weighed in on a heated exchange but tried to avoid a fight which didn't matter because he was pursued and attacked.
No one bothered to ask during the trial what could have happened to him had he NOT had that snub-nose. If they had stomped his head in, broke his back and paralyzed him, or pulled out weapons of their own unseen and unknown of before?
While your character may come under scrutiny during a trial the key element is this regardless of your level of saint or sinner-hood. If you are attacked you have the right to defend yourself by any means necessary to preserve your life. Sadly the court room world thinks we live in the Lone Ranger world where we all have to fight fair. Until someone make an app for reading minds the fighting will remain unfair.
Teddy Roosevelt may have said it best with "Don't hit at all if it is honorably possible to avoid hitting; but never hit soft!"
Needless to say it's going to be an interesting summer.
Friday, June 3, 2011
Mindset Always Carries the Fight
The short of it goes something like this. One Gurka v thirty Taliban when his check point was over run.And he did so alone for over fifteen minutes.
The best quote coming out of the article is from Corporal Dipprasad Pun
"There wasn't any choice but to fight....... I was alone," he said
Go here for the details
The best quote coming out of the article is from Corporal Dipprasad Pun
"There wasn't any choice but to fight....... I was alone," he said
Go here for the details
Thursday, June 2, 2011
You have the right to the 4th Amendment.....well you USE to
My good pal told me about Indiana no longer honoring the 4th Amendment last week and it was disturbing enough, and I saw somewhere someone official said "but we won't allow this to be abused."
But I was here when I read the following quote that makes you want to jump on the parapet.
“According to Newton County Sheriff, Don Hartman Sr., random house to house searches are now possible and could be helpful following the Barnes v. STATE of INDIANA Supreme Court ruling issued on May 12th, 2011. When asked three separate times due to the astounding callousness as it relates to trampling the inherent natural rights of Americans, he emphatically indicated that he would use random house to house checks, adding he felt people will welcome random searches if it means capturing a criminal.”
Sheriff Hartman has cried foul on this quote and issued a statement on the Newton County Sheriff's web site
On May 16, 2011, I was contacted by a reporter of an internet radio station. Her question
concerned a recent Indiana Supreme Court decision, allowing police officers to make random
warrantless searches. I advised her that I was not clear on that particular ruling; she
then asked how the Sheriff’s Office conducted searches of residences. I informed her that
searches were only conducted with a warrant, probable cause or when an officer is in hot
pursuit. When questioned about the Supreme Court ruling, I advised her that as police
officers, we enforce those laws set forth by our legislative branch. This reporter then
asked about the violation of Constitutional Rights. This State Supreme Court ruling in my
opinion cannot override our U.S. Constitutional Rights and I’m sure this state ruling will
be revisited.
When I was asked about my thoughts on random searches and how people would react, I gave
her the scenario of looking for a criminal or escapee. I advised her that if people were aware
of this situation, they would gladly let you search a detached garage, outbuilding, etc., if
it meant keeping them safe, but this would only be after securing permission.
This court ruling is just open for lawsuits if a police officer would attempt a random search
without due cause. Somewhere in this conversation things were definitely taken out of context.
I'm now quoted as saying the Sheriff's Office will be conducting random house to house searches.
I want the citizens of Newton County to rest assured that no member of the Newton County
Sheriff’s Office will enter the property of another person without first having a warrant or
probable cause to do so. I strongly stand behind my oath to uphold the Constitution of the
United States of America, as well as that of the State of Indiana.
Sheriff Donald E. Hartman, Sr.
Actual court document here
Regardless the sooner this is challenged the better.
But I was here when I read the following quote that makes you want to jump on the parapet.
“According to Newton County Sheriff, Don Hartman Sr., random house to house searches are now possible and could be helpful following the Barnes v. STATE of INDIANA Supreme Court ruling issued on May 12th, 2011. When asked three separate times due to the astounding callousness as it relates to trampling the inherent natural rights of Americans, he emphatically indicated that he would use random house to house checks, adding he felt people will welcome random searches if it means capturing a criminal.”
Sheriff Hartman has cried foul on this quote and issued a statement on the Newton County Sheriff's web site
concerned a recent Indiana Supreme Court decision, allowing police officers to make random
warrantless searches. I advised her that I was not clear on that particular ruling; she
then asked how the Sheriff’s Office conducted searches of residences. I informed her that
searches were only conducted with a warrant, probable cause or when an officer is in hot
pursuit. When questioned about the Supreme Court ruling, I advised her that as police
officers, we enforce those laws set forth by our legislative branch. This reporter then
asked about the violation of Constitutional Rights. This State Supreme Court ruling in my
opinion cannot override our U.S. Constitutional Rights and I’m sure this state ruling will
be revisited.
When I was asked about my thoughts on random searches and how people would react, I gave
her the scenario of looking for a criminal or escapee. I advised her that if people were aware
of this situation, they would gladly let you search a detached garage, outbuilding, etc., if
it meant keeping them safe, but this would only be after securing permission.
This court ruling is just open for lawsuits if a police officer would attempt a random search
without due cause. Somewhere in this conversation things were definitely taken out of context.
I'm now quoted as saying the Sheriff's Office will be conducting random house to house searches.
I want the citizens of Newton County to rest assured that no member of the Newton County
Sheriff’s Office will enter the property of another person without first having a warrant or
probable cause to do so. I strongly stand behind my oath to uphold the Constitution of the
United States of America, as well as that of the State of Indiana.
Actual court document here
Regardless the sooner this is challenged the better.
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