Was Stabbing In NC High School Self-Defense?

This past Monday there was a mob attack on a student at Southeast Raleigh Magnet High School. The aftermath left a 15 year old student dead and another 16 year old in the hospital with stab wounds. The 14 year old who did the stabbing has been charged with murder. Video of the incident has been making the rounds on the Internet. In that video you can also see a number of students filming the attack with their cell phones. I don’t know if any of those videos have been uploaded.

The 14 year old charged with murder was the intended victim of the mob attacker and not the instigator of the attack. His family is arguing that it was self-defense and that he was targeted as a result of an earlier incident involving his older sister and mother. The mother, Cherelle McLaughlin, asserts that she warned school authorities when she dropped her son off at school that he would be targeted for defending his sister. Wake County school officials have not responded as to whether they had prior warning.

As attorney Andrew Branca has said there are five elements to be able to claim self-defense. Moreover, all five must be met or the claim fails. Those elements are avoidance, innocence, imminence, proportionality, and reasonableness. He goes over these in details in his seminar which I have taken, online, and in his book The Law of Self Defense: The Indispensable Guide to the Armed Citizen, 3rd Ed. (#commission earned)

Branca posted a video today examining in detail the video of the attack as well as the news reports on the incident. He also examines the felony murder rule and the duty to retreat regarding this attack. His conclusion was that that 14 year old who was attacked acted in self-defense and was legally using deadly force.

I am embedding the video below. The video is a bit over 1 hour long. Even if you don’t want to watch the whole video, I would try to watch the first 30 minutes. It really is worth it.

There is, of course, the question of the knife in school. His mother has asserted elsewhere he didn’t bring one to school but got it while there. I don’t know if that holds up or not. As Branca noted, just as with Bernie Goetz in the subway attack years ago, he may be found to have acted in self-defense but still found guilty of a weapons charge. NCGS ยง 14-269.2 (d) would make it a Class 1 misdemeanor for him to possess “any sharp-pointed or edged instrument” on school grounds.

This is a sad incident all around for all involved. That includes the victim whose life has now been unalterably changed forever and the family of the attacker killed. For a magnet school that prides itself on being an International Baccalaureate high school, the level of violence in it is reprehensible. It has the highest rate of violence of any school in Wake County. Moreover, students there were three times more likely to experience or witness violence than other Wake County students.

Christmas Book Suggestions

Getting books for Christmas was a tradition in my family. It is not surprising when your Mom was first an English teacher and then a school librarian.

I have compiled a list of books for your perusal. I have read most of the books myself. Those that I haven’t are either too new or are new books from authors I trust and respect.

First up is a new book on handgun hunting by my fellow Polite Society Podcast co-host Kat Ainsworth. I have it on order and am anxious to start reading it. Kat’s work can be found in USCCA Concealed Carry Magazine, Concealed Carry Handguns, Range 365, Pew Pew Tactical, SHOT Business, and Shooting Illustrated.

Another new books worthy of consideration is by Nikki Goeser. Stalked And Defenseless: How Gun Control Helped My Stalker Murder My Husband in Front of Me details how Tennessee’s legislatively mandated gun free zones allowed a demented stalker to kill her husband. Because Nikki obeyed the law and locked her carry gun in her car, she was left defenseless when this evil person murdered her husband.

Jim Curtis aka Old NFO is a friend, blogger, and novelist. I just finished the finale of his The Grey Man series, The Grey Man – Sunset. It brings to a conclusion the exploits of John Cronin and his family and friends as they fight the drug cartels and other evil doers in west Texas. Cronin is a rancher, a (retired) captain with the Pecos County Sheriff’s Department, an ex-DEA agent, and a Vietnam vet who served on 5th Special Forces A-Teams. He is also known to be a stone-cold killer of those that deserved it. I suggest starting from the beginning of his series and working your way through all of them.

Moving on, my next suggestion is actually a text book by law professors Randy Barnett and Josh Blackman. That said, An Introduction to Constitutional Law: 100 Supreme Court Cases Everyone Should Know, is very readable. It starts with the early cases such as Marbury v Madison and works its way forward. Since our common law is built heavily on precedent, knowing how earlier decisions paved the way for later decisions is critical if you want to understand it. The book also comes with a code that allows access to the video series that goes along with the book. Fortunately, unlike most law books, the price of this book isn’t a killer.

Pages: 1 2 3

How I Spent My Weekend

While the Complementary Spouse spent the weekend playing with our granddaughter Olivia, I spent the weekend at Andrew Branca’s The Law of Self Defense Level 1 and Level 2 classes. They were held at the Triangle Shooting Academy in Raleigh, NC. 
I learn best by taking notes and I came home with pages and pages of notes. There was so much information presented that I will be digesting and processing what I learned for weeks. I plan to go through my handwritten notes and type them out so as to reinforce what I learned and to make sure I’ll be able to translate my semi-legible scribblings while it is still fresh in my mind.
Speaking generally, we think we know what legal self defense is but I’d wager even most criminal lawyers don’t know what it takes to be legitimate. Legally, self defense is composed of five parts and all must be present for it to be valid. If you are missing even one small part, then it all falls apart and you will be at the mercy of either prosecutorial discretion or 12 people who couldn’t get out of jury duty.
The five parts are:
  • Innocence
  • Imminence
  • Reasonableness
  • Avoidance
  • Proportionality

Another key thing to remember about the law of self defense is that it has developed out of not only the black letter law but appellate rulings involving people named Poo Poo who date drug addicts and 16-year old baby mamas out clubbing. These people are not the squeaky clean plaintiffs like a Dick Heller or an Otis McDonald or a Rhonda Ezell that you find in Second Amendment civil rights case brought by Alan Gura. They are what they are and the consequences of their actions impact us legally every day as we go about our daily lives and try to stay alive and out of trouble.

We discuss DGUs or defensive gun uses every episode of the Polite Society Podcast. It is always the most downloaded segment of each show. Knowing what I know now I will be looking at these DGUs with a much more critical eye.

I attended Andrew’s live classes. Both the Level 1 and Level 2 classes are available online. Given that each cost $249, you may not be able to afford that and I can understand that. Nonetheless, you should buy a copy of his book, The Law of Self Defense, 3rd Edition. I’d buy the paperback edition so that you can make notes in it and highlight passages. Better yet, get the paperback edition and then purchase the Kindle version which is only $2.99 if you have the paperback.

You hope you never are ever involved in any incident involving armed self defense. If you are, then you must, as Andrew continually pointed out in the class, win both the physical battle and the legal battle. The first you need to win to preserve your life and the second you need to win to preserve your freedom.

Andrew Branca & LOSD Seminar Coming To NC In June

Attorney Andrew Branca will be bringing his Law of Self Defense Seminars to North Carolina on June 10 and 11. The classes are being sponsored by Grass Roots North Carolina and will be held at the Triangle Shooting Academy in Raleigh.

More info below in the alert from GRNC.

DISCOUNTED FOR YOU:
ANDREW BRANCA’S
‘LAW OF SELF-DEFENSE’ SEMINAR
S 
You carry a gun so you’re hard to kill. Know the law so you’re hard to convict. . .

Do you know the law of self defense? I mean, REALLY know the law? What good does it do to defend your life if you make some small legal mistake that ends up putting you in prison for the rest of your life?

At the Grass Roots North Carolina Annual Meeting two years ago in Charlotte, Attorney Andrew Branca taught an incredible Law of Self-Defense seminar that focused entirely on North Carolina’s laws. Most of us have taken a Concealed Handgun Permit course, which has 4 hours of legal instruction. But AndrewBranca’s class goes much deeper. 

It’s everything you need to know before you have to use force in self-defense.  Not just the black letter law, but also the judges’ legal decisions and self-defense jury instructions. This class is so detailed that if you’re a lawyer, it counts toward Continuing Legal Education. But don’t think it’s dry and boring like your CHP class was.

Andrew is a fantastic presenter, taking complex legal discussions and turning them into simple concepts and delivering them with his trademark wit.

Enroll Now and Receive a GRNC Discount

Through a special agreement with Andrew, Grass Roots North Carolina can offer you a discount (for a limited time) on these Raleigh Law of Self-Defense seminars.

Before May 28, Use discount code “GRNC” at checkout and receive 10% off one or both of these essential classes. 

But act now, because the classes are filling up quickly, and as of May 28th, the price of the classes goes up. 

The seminars will be held at
Triangle Shooting Academy
in Raleigh, NC
 
Level 1 Seminar
Saturday, June 10th, 2017
9:00 AM 

Level 2 Seminar
(available to those who have taken Level 1, or will take it on June 10)
Sunday, June 11th, 2017
10:00 AM 
Sign up online at: 
And remember to use discount code “GRNC” at checkout to show your support for Grass Roots North Carolina, and also to save 10%. Class is open only to pre-registered students, so sign up right away before the price increase.

Received In The Mail

Taking a page from the Instapundit who announces when he gets a new book, I just received in the mail Andrew Branca’s The Law of Self Defense. I’ve scanned it briefly and it is comprehensive. I look forward to reading it in detail and will have a review up afterwards.

Branca has been providing commentary and analysis for the past few weeks on the George Zimmerman trial in Florida at the Legal Insurrection blog. His critiques are excellent and a must read if you want to follow the Zimmerman trial without the cloud of media hype and misinformation.

Branca is offering 20% off on the book until such time as the jury returns a verdict in the Zimmerman trial. He is giving an additional 10% off if you are an IDPA or NRA member. You need to use this code – LOSD2-NRA – to get that discount. Branca, by the way, in addition to his legal practice in Massachusetts is a regular competitor in IDPA matches. If you buy the book directly from Branca, the price is currently at least $10 cheaper than Amazon.