Will bradshaws file civil suit agains...
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Question

Russell Springs, KY

#23 Mar 31, 2013
Hold on a Sec wrote:
<quoted text>
True. But this case is different than some because they know who did it, and how it happened and what happened as a result.(TB shot BB and as a result BB died) I don't think there was ever any doubt that TB did it.(I'm saying that tongue in cheek).
What was in dispute was why and what events led up to it. And that led TB to the claim of self defense. The evidence and the law, according to the grand jury, supported his claim.
To address your other statement, the prosecuting office knew of TB's claim of self defense and knew that the law and the evidence and impartial witness testimony would probably support that claim.
Should it had gone to trial, the prosecutor knew it was an uphill loosing battle because the jury is instructed on the application of the laws and probably figured the majority of the evidence they had to present would support that.
503.060 Improper use of physical force in self-protection.
Notwithstanding the provisions of KRS 503.050, the use of physical force by a defendant upon another person is not justifiable when:
(1) The defendant is resisting an arrest by a peace officer, recognized to be acting under color of official authority and using no more force than reasonably necessary to effect the arrest, although the arrest is unlawful; or
(2) The defendant, with the intention of causing death or serious physical injury to the other person, provokes the use of physical force by such other person; or
(3) The defendant was the initial aggressor, except that his use of physical force upon the other person under this circumstance is justifiable when:
(a) His initial physical force was nondeadly and the force returned by the other is such that he believes himself to be in imminent danger of death or serious physical injury; or
(b) He withdraws from the encounter and effectively communicates to the other person his intent to do so and the latter nevertheless continues or threatens the use of unlawful physical force.
Effective: January 1, 1975
History: Created 1974 Ky. Acts ch. 406, sec. 31, effective January
A seasoned prosecutor could prove several of the above offenses.
And to wit: Manslaughter is a legal term for the killing of a human being in a manner considered less culpable than murder. The culpability is based on the mens rea (state of mind). Where murder requires either the intent to kill or malice aforethought, manslaughter usually involves an unintentional killing but with a willful disregard for life.

While manslaughter is usually broken down into two categories (voluntary and involuntary), Kentucky law distinguishes these by assigning a degree:

Manslaughter in the first degree

(1) A person is guilty of manslaughter in the first degree when:

(a) With intent to cause serious physical injury to another person, he causes the death of such person or of a third person; or

(b) With intent to cause the death of another person, he causes the death of such person or of a third person under circumstances which do not constitute murder because he acts under the influence of extreme emotional disturbance.

(2) Manslaughter in the first degree is a Class B felony.
Considering less included offenses could have proven crucial.
Hold on a Sec

Hillview, KY

#24 Mar 31, 2013
Question wrote:
<quoted text>
503.060 Improper use of physical force in self-protection.
Notwithstanding the provisions of KRS 503.050, the use of physical force by a defendant upon another person is not justifiable when:
(1) The defendant is resisting an arrest by a peace officer, recognized to be acting u..........

(2) Manslaughter in the first degree is a Class B felony.
Considering less included offenses could have proven crucial.
And your point is ???
Question

Russell Springs, KY

#25 Mar 31, 2013
Hold on a Sec wrote:
<quoted text>
And your point is ???
Oh I thought you would understand... Nevermind
Hold on a Sec

Hillview, KY

#26 Mar 31, 2013
Question wrote:
<quoted text>
Oh I thought you would understand... Nevermind
I've learned to never try and interpret what someone else is trying to infer or mean on here unless they state it point blank. So I again ask, what is it you are implying or wanting to be gleaned from what you posted.
Not Chick Papa

Sykesville, MD

#27 Mar 31, 2013
Chick Papa - "A civil lawsuit only takes 51% of the vote to win. Given the circumstances uncovered so far, Brown will easily loose a civil lawsuit. The problem is collecting the money."

The problem is you don't know what was "uncovered". Before you continue ranting you should find out. They can sue, but if they lose, they are responsible for all costs.

503.080 (3) The court shall award reasonable attorney's fees, court costs, compensation for loss of income, and all expenses incurred by the defendant in defense of any civil action brought by a plaintiff, if the court finds that the defendant is immune from prosecution as provided in subsection (1) of this section.
Good Grief

New Albany, IN

#28 Mar 31, 2013
Chick Papa wrote:
A civil lawsuit only takes 51% of the vote to win.
Try again IMBECILE. It takes five out of six jurors at the district court level or nine out of twelve at the circuit court level. Evidently math is not your strong suit. Running your mouth without facts is what you are best at.

“Analyzing Dumb Public Figures”

Since: Jan 10

Chicken Town USA

#29 Mar 31, 2013
Not Chick Papa wrote:
Chick Papa - "A civil lawsuit only takes 51% of the vote to win. Given the circumstances uncovered so far, Brown will easily loose a civil lawsuit. The problem is collecting the money."

The problem is you don't know what was "uncovered". Before you continue ranting you should find out. They can sue, but if they lose, they are responsible for all costs.

503.080 (3) The court shall award reasonable attorney's fees, court costs, compensation for loss of income, and all expenses incurred by the defendant in defense of any civil action brought by a plaintiff, if the court finds that the defendant is immune from prosecution as provided in subsection (1) of this section.
The only fees will be Brown paying his attorney and Brandon family. Brown is not immune from prosecution. He has so far only felt a grand jury review.

“Analyzing Dumb Public Figures”

Since: Jan 10

Chicken Town USA

#30 Mar 31, 2013
Good Grief wrote:
<quoted text>Try again IMBECILE. It takes five out of six jurors at the district court level or nine out of twelve at the circuit court level. Evidently math is not your strong suit. Running your mouth without facts is what you are best at.
Show us the KRS that states 75%. For circuit court
Good Grief

New Albany, IN

#31 Mar 31, 2013
Chick Papa wrote:
<quoted text>
Show us the KRS that states 75%. For circuit court
http://courts.ky.gov/juryduty/Pages/FAQS.aspx

About half way down under:

What is the difference between civil and criminal cases?
Itaintover

Louisville, KY

#32 Mar 31, 2013
Itaintover wrote:
<quoted text>4) they may win and only collect a portion of the judgement. But, during the process, they might also discover the truth that confirms their suspicions of Tommy's guilt all long....and confirm suspicions that the grand jury did not hear all of the appropriate evidence!
hope the bb family finds a way to hire their own private investigator and see what he comes up with ..
duh

Sykesville, MD

#33 Mar 31, 2013
Chick Papa wrote:
<quoted text>
The only fees will be Brown paying his attorney and Brandon family. Brown is not immune from prosecution. He has so far only felt a grand jury review.
Can you read? If they sue based on current evidence and lose, they pay all of TB's legal fees from the civil trial. Lose means it was determined in the civil trial that the shooting was justified. You assume they will win. I do not think so. You should find out what was presented. For prosecution they need new evidence that leads to an indictment. I do not think new evidence will be found because it does not exist.
Bombardier

New Albany, IN

#34 Mar 31, 2013
bg citizen wrote:
The brandshaws should most definately file. Brandon had 100000 in life insurance so he tried to take care of his family but because of Thomas brown he incurred 250000 in hospital bills. His funeral was 9000 so this leaves Beirut responsible for 159000!! It's not even something she can fathom paying and taking care of the 3 boys brandon left behind.. the brandshaws need to file their suit and I believe they will win and hopefully they will get enough to help her raise her kids.. there is no way donations would get close to taking care of the expenses left behind
<quoted text>
You're probably right about donations. Maybe the hospitals involved would settle for less money. Forcing her into bankruptcy is bad for everybody.
FACTS

Franklin, KY

#35 Apr 2, 2013
Question wrote:
<quoted text>
503.060 Improper use of physical force in self-protection.
Notwithstanding the provisions of KRS 503.050, the use of physical force by a defendant upon another person is not justifiable when:
(1) The defendant is resisting an arrest by a peace officer, recognized to be acting under color of official authority and using no more force than reasonably necessary to effect the arrest, although the arrest is unlawful; or
(2) The defendant, with the intention of causing death or serious physical injury to the other person, provokes the use of physical force by such other person; or
(3) The defendant was the initial aggressor, except that his use of physical force upon the other person under this circumstance is justifiable when:
(a) His initial physical force was nondeadly and the force returned by the other is such that he believes himself to be in imminent danger of death or serious physical injury; or
(b) He withdraws from the encounter and effectively communicates to the other person his intent to do so and the latter nevertheless continues or threatens the use of unlawful physical force.
Effective: January 1, 1975
History: Created 1974 Ky. Acts ch. 406, sec. 31, effective January
A seasoned prosecutor could prove several of the above offenses.
And to wit: Manslaughter is a legal term for the killing of a human being in a manner considered less culpable than murder. The culpability is based on the mens rea (state of mind). Where murder requires either the intent to kill or malice aforethought, manslaughter usually involves an unintentional killing but with a willful disregard for life.
While manslaughter is usually broken down into two categories (voluntary and involuntary), Kentucky law distinguishes these by assigning a degree:
Manslaughter in the first degree
(1) A person is guilty of manslaughter in the first degree when:
(a) With intent to cause serious physical injury to another person, he causes the death of such person or of a third person; or
(b) With intent to cause the death of another person, he causes the death of such person or of a third person under circumstances which do not constitute murder because he acts under the influence of extreme emotional disturbance.
(2) Manslaughter in the first degree is a Class B felony.
Considering less included offenses could have proven crucial.
Finally someone that can read. Now add Unlawful Imprisonment to this because he wouldnt let Bradshaw out of his truck in a public place. Are you with me?
Get a Clue

New Albany, IN

#36 Apr 2, 2013
FACTS wrote:
<quoted text> Finally someone that can read. Now add Unlawful Imprisonment to this because he wouldnt let Bradshaw out of his truck in a public place. Are you with me?
Wonderful. The blind leading the stupid.
FACTS

Franklin, KY

#37 Apr 2, 2013
The lawsuits will never end.
gommom

Pittsburgh, PA

#38 Apr 2, 2013
youtube.com/watch...
I hope so hurry up!

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