Tahah being charged with 1st Degree murder!

[tat2me82]

I still think if you're going to carry a weapon than it's premeditated. There is some sort of thought of using it when you do carry it. I'm not saying that it's bad to carry a weapon, as said before we have to defend ourselves when needed by any means... I'm just saying I feel that once you choose to carry a weapon, you know there could be a chance that you are going to use it. So it's all premidiatated... the circumstances of its use, is what classifies it as a crime or not (A crime is a wrongdoing classified by the state or Congress as a felony or misdemeanor; taken from Legal Definition of Crime)

[Bubba]

I would say that I made the premeditated choice to defend myself. No crime involved.

[banyon]

Originally Posted by tat2me82

I still think if you're going to carry a weapon than it's premeditated.

People keep saying this, but I don't understand why. What about the two examples i brought up earlier?

Originally Posted by banyon

However, you could also imagine cases of homicides where it wouldn't involve an unlawful discharge of a firearm at all. What if a homeowner believes that anintruder has broken into their home, they think they see something and they shoot, but it turns out to be their teenage sneaking back into the house after sneaking out. They would not be charged with felony murder. Same wth a huntng accident, etc

You could also imagine being armed and finding your spouse in bed with a lover, etc. (normally heat of passion murder, not premeditated) There are probably a lot more examples in a state like ours with conceal-carry where carrying a gun wouldn't mean you intended to kill anyone either.

[midgetlover]

If you are going to carry a weapon lets say a gun, you have at one point or another have either thought about using or thinking about having to use it.

Why would some people carry shotguns on a weapons rack in their vehicle?

Why go and get yourself a permit to carry a firearm?

Why would you even go commit a crime with any type of weapon?

All these questions can be answered simply by this..................at some point you know that you are going to have to use that choice of weapon sometime or another for either protection or use it in an illegal matter.

You can use all the excuses in the world for carrying a weapon, a gun, and you can lie to yourself all you want but at some point while carrying the weapon you know or knew that you were going to have to use it in some form or another. Making the whole premeditated process a given.

Tahah had every intention of doing what he did just by bringing the gun to Erins house to "scare" her. Thats why he skipped town and had a "change" of heart to turn himself in by stealing a vehicle and was stopped heading west and if im correct Dodge City is East of Denver and he could have turned himself in there not do what he did and thats makes all his actions premeditated.

[TexKan]

I'm not sure, well actually I know that I don't agree with everything you said Midget but I do agree that he didn't need a gun to scare her. He was desperate enough to figure he would convince her by force. Either way she's dead, he killed her, and he in turn deserves to lose his life or life as he knows it. I just happen to endorse the first option.

There is always room for an opposite point of view and even thos I disagree - I think you explain it well. It just doesn't gel with me.

[The Rev]

The question though, is whether or not the MURDER was premeditated. Tahah was a Police officer. Most off duty police officers carry a weapon. You guys are all going WAAAAAY too deep on this issue. The carrying of a firearm does not prove premeditation. What needs to be proven is INTENT in order to show premeditation. Did Tahah go over to Erin's house intending to kill her? This is a question which will be presented by the defense and must be decided by the jury. The fact that he had a weapon in his possession does not mean that he intended to murder Erin.

Don't get me wrong, I am not defending anyone here, I am just trying to shed some light on a cloudy issue.

[hoarsewhisperer]

Originally Posted by The Rev

The question though, is whether or not the MURDER was premeditated. Tahah was a Police officer. Most off duty police officers carry a weapon. You guys are all going WAAAAAY too deep on this issue. The carrying of a firearm does not prove premeditation. What needs to be proven is INTENT in order to show premeditation. Did Tahah go over to Erin's house intending to kill her? This is a question which will be presented by the defense and must be decided by the jury. The fact that he had a weapon in his possession does not mean that he intended to murder Erin.

Don't get me wrong, I am not defending anyone here, I am just trying to shed some light on a cloudy issue.

Do most off duty police officers carry their weapons?

[TexKan]

Good point Rev! His intent was probably not to kill her - she is altho dead just the same. I know you aren't defending his actions just trying to bring some light to another thought - which is a good one.

Smart cops don't carry thier guns to resolve an issue of an intimate nature - well not the smart ones anyhow. My DIL probably always has her weapon - my son probably not. My youngest one probably will - all depends on the cop I would say. Course I believe by law they are expected to - least in Texas I think. Don't know bout Kansas

[midgetlover]

Rev by no means is this a cloudy issue when it comes to Tahah.

It wasnt his house to be bringing guns over to. Especially an EX-GF. Note that it was an ex and they were broken up for over a month. Especially at 1, 2 or 3 in the morning or what ever time he showed up to "scare" her with a gun.

Tahah was a grown man who could have easily NOT have brought a gun over to her house, but by simply harassing her like he had been doing the past month or so. I think she was scared enough of him and he knew it without the gun in his hand.

Will they point out the fact that he had followed her to the Central Station that night and was watching her? Will they point out the fact that he left shortly before they did ? Which also is the same night he shot and killed her. Why couldnt he have approached her at the club to scare her or in the parking lot to scare her. How about when she was dropped off at her house he could have approached her there. He didnt he chose to break in and "scare" her with a gun.

Now the "cloudy" issue. Whether or not you are carrying a weapon is premeditated or not. Why would you carry a weapon in the first place? To look cool? To look tough? To be a vigilante ala Bernard Goetz the Subway vigilante?

The absolute only reason for anyone to carry a weapon in public on a daily basis is to end up defending themselves for some reason or another. No matter what you say thats the only reason. Thats makes it premeditated. Its just what side of the law can we put that is the question.

I am friends with several officers and 1 in particular and as far as I know they do not walk around on a daily basis carrying their guns. What made Tahah the exception?

[357 mag]

Originally Posted by hoarsewhisperer

Do most off duty police officers carry their weapons?

Yes most of them do.