Will New York Cave-In And Create An Intervention Stand Your Ground Law?
There’s a Change.org petition. The title of the petition reads, “18-year old high school football player has been charged with murder defending his mom.” The petition asks that all charges against Luis Moux be dropped. I read the body of the petition three times and after a very long sigh, decided that I would share this.
According to CBS News, and the New York Post, Stanley Washington, (43-years old) arrived at the apartment where Luis Moux and his 37-year old mom, Lorena Sesemer live. An altercation took place between them and Luis found Washington on top of his mom. Luis wrapped his arm around Washington’s neck to pull him off his mom. Washington fell unconscious and died.
The New York Daily News reports that Luis had bite marks on his forearm and knee.
Luis was charged with manslaughter. Some reports say that Luis bail was set at $50K. Others say that his bail was set at $25K cash. Either way, Luis has been released on bail.
According to police, the boyfriend, Stanley Washington had a long criminal history that ranges from assault to criminal possession of a weapon, to menacing, criminal trespass and possession and sale of marijuana. Police had been to Sesemer’s apartment several times in the past to sort out domestic disputes involving Washington.
The New York Post reports that Stanley’s brother stated that he had taken care of Luis since he was 2-years old and that his brother was not violent. Djuana Martinez, identified as Stanley Washington’s wife, said that Stanley “has a heart of gold.”
That is the story.
People, this is where the rubber meets the road. I am now coming back full-circle to where I was during the George Zimmerman case. Anyone who follows this blog should know that I stand for equality for all and that includes equal justice. You might also know that I am opposed to Stand Your Ground law. This particular case, for me, is not one of taking sides of who is right or wrong. Rather, this is a case of people being careful of the things they request or demand of government officials in petitions. This is why …
In many states that do not have Stand Your Ground, they do have justifiable homicide. I did a very short search for justifiable homicide in New York. It was and is not my intent to litigate this case. Rather, I am in-between deciding whether the petition is based on legal facts as opposed to emotions for an 18-year old saving his mom from domestic abuse.
What I found is that in New York when police do not charge for using deadly force in self-defense, is when the other party is armed and they find sufficient evidence that self-defense was necessary. (New York includes a requirement to attempt to retreat in some self-defense cases.)
According to a news source, the Change.org petition was posted by a woman out of Virginia. What the petition does is ask that all charges be dismissed against the 18-year old — without a trial. Such a demand means that the State of New York would need to initiate an intervention, stand your ground law. America does not need another state with stand your ground law. I am pretty sure that the woman who started the petition has good intentions. What she is asking however, might be hypocritical. Hypocritical? Why? This is why …
Compare; when George Zimmerman killed Trayvon Martin, he was not arrested. People were angry that Zimmerman had not been arrested. A petition was created demanding Zimmerman’s arrest. Florida’s Governor appointed Angela Corey as special prosecutor. An investigation was conducted. Zimmerman was then charged and arrested.
If Florida State’s Attorney Angela Corey, with Stand Your Ground being legislated law, was right to arrest and charge Zimmerman with 2nd degree murder and let a jury decide, then the District Attorney for the Bronx (which does not have Stand Your Ground law), is correct to arrest and charge Luis for manslaughter and let a jury decide if it was justifiable homicide.
Am I wrong? Please help me out here.