4chrissy
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It's a slam dunk. The police report tells a lot. The guy admitted to being drunk, going to his vehicle, going to the wrong building and calling JM a d^^k. 1 out of 12 in a Knoxville jury pool.I’m sure a real attorney can convince 1 of 12 to vote not guilty based on the fact that JM was sitting at his home minding his own business when some drunk idiot breaks into his place.
In all honesty, JM might have saved the guy's (or somebody else's) life. If brosef couldn't even find the right apartment, what might have happened if he decided to drive somewhere later that day?It's a slam dunk. The police report tells a lot. The guy admitted to being drunk, going to his vehicle, going to the wrong building and calling JM a d^^k. 1 out of 12 in a Knoxville jury pool.
It's a slam dunk. The police report tells a lot. The guy admitted to being drunk, going to his vehicle, going to the wrong building and calling JM a d^^k. 1 out of 12 in a Knoxville jury pool.
This is why it is MORONIC to make ironclad determinations based on so few of the facts.Good grief. The guy who mistakenly walked into the apartment wasn't looking for trouble either, was he? Based on what I've read, he apologized. So the easy and obvious reaction would be, "hey, no problem," and then you watch the guy walk out of the door. I'm pretty sure that's what any halfway sensible person would do. But drunk young people tend not to be very sensible sometimes.
Did you miss the part earlier where I said that I had THE EXACT SAME THING HAPPEN to me??
Dude opened the door, started to walk in, realized he had the wrong place (likely when I shouted "WTF are you doing, ***hole!), got a VERY surprised look on his face, and slammed the door when he retreated.
What I didn't do was go after him in any way (seeing as how I had NO idea whether he was armed or not, his mental state, or his state of intoxication). I did make note of where he went afterwards in case I felt it necessary to call law enforcement and LOCKED THE D*** DOOR!
McCullough obviously decided to take a different route and will now have to defend his actions in a court of law. If it's all the same to you I'd rather not have to make my case.... courts and judges are a finicky bunch. There may be some aspect to the law that you're not aware of that'll get you tossed UNDER the jail even if it looks like you were justified in doing whatever you did.
MY way doesn't involve the legal system and the vagaries thereof.... McCullough has now, due to a "tush hog" attitude, placed his immediate (and maybe long-term) future in the hands of a system none of us should trust blindly.
Did I read the report above correctly that the LEO’s didn’t even interview McCollough’s roommate Burrell whom was present when the altercation occurred? WTF?!
So here's the thing though even if they don't consider within 2 feet of your front door as curtilage, is the DA going to get 12 people to unanimously agree to that in Knox county TN?So now we have more of the "other side of the story" and it looks like they are trying to take a self-defense approach.
https://www.outkick.com/wp-content/uploads/20221027092021880.pdf
Now clearly we're looking at a he said-he said scenario but apparently there are witnesses that are willing to corroborate at least some of JM's account. (the assault is stated to have taken place with only JM and Spencer on the outside of a closed door) That would certainly be a plus for JM's claims.
The first question obviously is if any of this is compelling enough to have charges dropped. There's an interesting legal tangle mentioned later involving applicability of curtilage/appurtenance. I'm not certain how TN jurisprudence falls on curtilage and apartment complexes but it's my understanding that it's generally greatly curtailed vs "homes", at least regarding privacy/searches etc. Now if it really went down as described there would presumably be at least some implied protection under SYG. I suppose if curtilage stands it would only help the claim. If charges aren't dropped we're going to court.
Outside any legal issues IF JM et al. are telling the truth it's hard to have much sympathy for Spencer. How it does shake out legally we'll just have to watch.
So here's the thing though even if they don't consider within 2 feet of your front door as curtilage, is the DA going to get 12 people to unanimously agree to that in Knox county TN?
I honestly doubt there's a ton of evidence one way or another on somerhing like this and unless the state has an ace up their sleeve it's 3vs1 on what happened.I can't offer anything that wouldn't be pure speculation, particularly since we really are in primarily this side says this/that side says that mode. Assuming (note even here I'm having to speculate) this legally goes forward there's going to be a lot more questions asked of all parties beyond what we even know to ask given our minimal information.
Now having said that and 100% stating it as a total flier on my part based entirely on what is stated (as opposed to vetted in any way) I would guess the answer to your question to be "not likely".