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(Asheville Citizen-Times)   86'd patron returns to bar with a butcher knife and kills three in stabbing rampage. Fark: victim's brother and bar patrons save couple from attack, kill perp. So now the DA's charging the brother, ta-daa   (citizen-times.com) divider line 215
    More: Asinine, Asheville, stabbing, Police chief William Anderson  
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12455 clicks; posted to Main » on 06 Apr 2012 at 8:33 AM (2 years ago)   |  Favorite    |   share:  Share on Twitter share via Email Share on Facebook   more»



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2012-04-06 03:55:09 AM  
He looks like a non tipper.
 
2012-04-06 05:13:11 AM  
No jury would convict that victims brother.
 
2012-04-06 08:37:28 AM  
Stupid DA is stupid.
 
2012-04-06 08:38:29 AM  
I can't say I agree with it, but this part is the sticking point:

"Wike stabbed Phillip Davis, police said, then fled east on Haywood Road toward Builders First Source with several men in pursuit, including Stevie Davis, who is Phillip Davis' brother, and Richard Anderson.

Stevie Davis caught up to Wike as he was trying to flag down a city bus and stabbed him to death, police said."

He'd have been better off killing him on the spot and claiming self defense. Chasing him down and killing him is a revenge killing, pure and simple. Sorry dude...I feel for ya, but once you hunt him down you're outside the law.
 
2012-04-06 08:39:56 AM  
The hacker was fleeing when he was stabbed. This was not self defense although it was, in my opinion, justifiable. The law and common sense do not have a good relationship however.
 
2012-04-06 08:40:22 AM  
HOW THE FARK COULD IT BE FIRST DEGREE MURDER?

Even if the guy was angry that this dude had murdered his brother and killed him because of that (and not due to the struggle), how in the FARK is that first degree murder? Did he go to the bar PLANNING someone would go on a stabbing rampage, so he'd murder them?

THE HELL.
 
2012-04-06 08:41:04 AM  

ihatedumbpeople: Stevie Davis caught up to Wike as he was trying to flag down a city bus and stabbed him to death, police said."


And this is where the problem is.
 
2012-04-06 08:41:44 AM  
There's some upscale clientele, right there.
 
2012-04-06 08:41:48 AM  
I can't even understand why being thrown from a bar would cause a killing spree. At least the killer is dead, and I hope it works out for the guy whose brother was killed.
 
2012-04-06 08:41:50 AM  

ihatedumbpeople: I can't say I agree with it, but this part is the sticking point:

"Wike stabbed Phillip Davis, police said, then fled east on Haywood Road toward Builders First Source with several men in pursuit, including Stevie Davis, who is Phillip Davis' brother, and Richard Anderson.

Stevie Davis caught up to Wike as he was trying to flag down a city bus and stabbed him to death, police said."

He'd have been better off killing him on the spot and claiming self defense. Chasing him down and killing him is a revenge killing, pure and simple. Sorry dude...I feel for ya, but once you hunt him down you're outside the law.


If only he had been wearing a hoodie.
Start carrying hoodies with you. You can slip them on your victim and claim self defense.
 
2012-04-06 08:42:07 AM  
Felgraf - agreed. The charges should be reduced and most likely will be. Stupid DA is stupid.
 
2012-04-06 08:43:14 AM  
The lesson here -- and with all these types of prosecutions -- is SHUT UP, SLAVE.
 
2012-04-06 08:44:57 AM  
Farkin' hillbillies.
 
2012-04-06 08:45:56 AM  

ihatedumbpeople: I can't say I agree with it, but this part is the sticking point:

"Wike stabbed Phillip Davis, police said, then fled east on Haywood Road toward Builders First Source with several men in pursuit, including Stevie Davis, who is Phillip Davis' brother, and Richard Anderson.

Stevie Davis caught up to Wike as he was trying to flag down a city bus and stabbed him to death, police said."

He'd have been better off killing him on the spot and claiming self defense. Chasing him down and killing him is a revenge killing, pure and simple. Sorry dude...I feel for ya, but once you hunt him down you're outside the law.


Can you still use temporary insanity as a defense? I can't say I would convict the dude under the circumstances, he did just watch his brother get murdered right in front of him. You're absolutely right about the law, but at the very least I think a pretty light sentence is warranted.
 
2012-04-06 08:46:00 AM  
He chased him down and killed him. That's bad.

But it was directly after having seen his brother stabbed to death. That's...also really bad.

This is what we graduates of the L & O Upstairs College of Internet Lawyering call "mitigating circumstances."
 
2012-04-06 08:47:18 AM  
So... question. Let's say the guy who just stabbed stabbed two people to death manages to get on that bus, a nice cramped space. How many more would be dead?

This is what's wrong with America: "Well, I see that guy running towards the preschool with a chainsaw screaming he will cut the demons out of the children, and there's a trail of dead children behind him, but I'm not PERSONALLY being threatened so I guess I'll just sit here and film it on my phone like a 'good citizen' and wait for the police to come in about 10 minutes."
 
2012-04-06 08:47:24 AM  
Don't agree with the 1st degree charge, but it did happen at a second location.

Brother is going to do some jail time.

What is the over/under on whether meth is involved?
 
2012-04-06 08:47:30 AM  

Precision Boobery: He chased him down and killed him. That's bad.

But it was directly after having seen his brother stabbed to death. That's...also really bad.


But does he get a frogurt?
 
2012-04-06 08:48:59 AM  

Ikam: ihatedumbpeople: Stevie Davis caught up to Wike as he was trying to flag down a city bus and stabbed him to death, police said."

And this is where the problem is.


The problem is a lunatic was on a stabbing rampage. You don't know if he was fleeing to get away or fleeing to stab more people who weren't ready.
 
2012-04-06 08:49:25 AM  
Before the Internet determines guilt, we'll need to know the races of those involved here.
 
2012-04-06 08:50:16 AM  
Is it 1st degree murder in North Carolina? Probably.
Will any NC jury convict him? Probably not.

This ends with a plea bargain to voluntary manslaughter and a short stint in jail, which the accused will surely be able to handle. I bet he'll even do well:

Con1: "what you in for?"
Accused: "Dude killed my brother. I chased him down and gutted him like a deer, with his own knife."
 
2012-04-06 08:50:31 AM  
Before the Internet determines guilt, we'll need to know the races of those involved here.

He larious.
 
2012-04-06 08:50:36 AM  
What state was this in? If it's California or Florida the brother might be alright since murder is legal in both.

/Please note in California murder is only legal if you are wealthy and famous.
/Please note in Florida you only have to claim you were standing your ground, or deny knowing what happened to your child.
 
2012-04-06 08:50:51 AM  

Felgraf: HOW THE FARK COULD IT BE FIRST DEGREE MURDER?

Even if the guy was angry that this dude had murdered his brother and killed him because of that (and not due to the struggle), how in the FARK is that first degree murder? Did he go to the bar PLANNING someone would go on a stabbing rampage, so he'd murder them?

THE HELL.


Maybe that's the point? Charge him with first because you have to hit him with something, show up in court and argue what you know is an unwinnable case, guy walks, legal obligation is technically satisfied. Ta da.
 
2012-04-06 08:51:47 AM  
That bar sounds awesome. It'll be even more awesome now that it's haunted by actual ghosts, not just meth whores.
 
2012-04-06 08:52:08 AM  

ihatedumbpeople: I can't say I agree with it, but this part is the sticking point:

"Wike stabbed Phillip Davis, police said, then fled east on Haywood Road toward Builders First Source with several men in pursuit, including Stevie Davis, who is Phillip Davis' brother, and Richard Anderson.

Stevie Davis caught up to Wike as he was trying to flag down a city bus and stabbed him to death, police said."

He'd have been better off killing him on the spot and claiming self defense. Chasing him down and killing him is a revenge killing, pure and simple. Sorry dude...I feel for ya, but once you hunt him down you're outside the law.


/I agree..once the aggressor is gone, hence the threat, you cannot chase the guy down and then kill him. However, you do have the right as a citizen to apprehend and make a "citizen's" arrest of any criminal who you know has committed a crime, and "detain" him by any reasonable means, including deadly force "if said criminal has committed a felony, with injuries, and/or your life or someone elses life is threatened." This is my understanding. I"ll be he goes with the "I was just trying to stop the guy, and he tried to kill me, self defense". Ask for a jury trial, you'll go home. NP.
 
2012-04-06 08:52:32 AM  

Another Government Employee: Don't agree with the 1st degree charge, but it did happen at a second location.

Brother is going to do some jail time.

What is the over/under on whether meth is involved?


Unless the psycho dropped the knife and got on his knees, if I was ont hat jury he would walk.


Securitywyrm: So... question. Let's say the guy who just stabbed stabbed two people to death manages to get on that bus, a nice cramped space. How many more would be dead?

This is what's wrong with America: "Well, I see that guy running towards the preschool with a chainsaw screaming he will cut the demons out of the children, and there's a trail of dead children behind him, but I'm not PERSONALLY being threatened so I guess I'll just sit here and film it on my phone like a 'good citizen' and wait for the police to come in about 10 minutes."


This.
 
2012-04-06 08:53:08 AM  
"Every time (Wike) hit somebody with a knife, they died. ... This guy knew what he was doing," Light said. "They should look at it as a self-defense case."

When the guy flees and you have to actively chase him down before you can stab him to death, it stops being self defense and turns into vigilantism. Sorry.
 
2012-04-06 08:53:09 AM  
As usual, cops find a brotha to pin the charges on.
 
2012-04-06 08:53:15 AM  
He attepmted to subdue someone on a killing spree, and in self defense killed the murderer while taking his weapon. Never in a million years would i as a jury member vote for a conviction of Davis.
 
Skr
2012-04-06 08:53:48 AM  
I can't imagine the brother was in the mental state for First Degree murder. It wasn't like he waited a day/month/year planning it out. They may say Wike was fleeing, but it was still part of the same farked up situation which could have carried on to whatever Bus that Wike got on.

What a horrid situation. I really hope the case gets dropped. Guy lost his brother and any 'punishment' for his actions is hollow.
 
2012-04-06 08:54:35 AM  

ihatedumbpeople:
He'd have been better off killing him on the spot and claiming self defense. Chasing him down and killing him is a revenge killing, pure and simple. Sorry dude...I feel for ya, but once you hunt him down you're outside the law.


Good for him for not letting Machete get on the bus.
He's gonna walk.
 
2012-04-06 08:58:46 AM  

ihatedumbpeople: I can't say I agree with it, but this part is the sticking point:

"Wike stabbed Phillip Davis, police said, then fled east on Haywood Road toward Builders First Source with several men in pursuit, including Stevie Davis, who is Phillip Davis' brother, and Richard Anderson.

Stevie Davis caught up to Wike as he was trying to flag down a city bus and stabbed him to death, police said."

He'd have been better off killing him on the spot and claiming self defense. Chasing him down and killing him is a revenge killing, pure and simple. Sorry dude...I feel for ya, but once you hunt him down you're outside the law.


Not necessarily. This guy was on a killing spree, it is justifiable to stop someone one a killing spree with whatever force necessary. If a police officer had witnessed this guy running away from stabbing several people toward a bus full of people he would be every bit justified in shooting the guy in the back. They guy still poses an immediate threat to the public and it is reasonable to assume that he will continue his killing spree if he escapes capture. This is pretty well established law.

Stupid DA is stupid, and/or CYA.

This charge won't stand.
 
2012-04-06 09:01:36 AM  

wraith95: ihatedumbpeople: I can't say I agree with it, but this part is the sticking point:

"Wike stabbed Phillip Davis, police said, then fled east on Haywood Road toward Builders First Source with several men in pursuit, including Stevie Davis, who is Phillip Davis' brother, and Richard Anderson.

Stevie Davis caught up to Wike as he was trying to flag down a city bus and stabbed him to death, police said."

He'd have been better off killing him on the spot and claiming self defense. Chasing him down and killing him is a revenge killing, pure and simple. Sorry dude...I feel for ya, but once you hunt him down you're outside the law.

Can you still use temporary insanity as a defense? I can't say I would convict the dude under the circumstances, he did just watch his brother get murdered right in front of him. You're absolutely right about the law, but at the very least I think a pretty light sentence is warranted.


Not even close.
 
2012-04-06 09:01:54 AM  
The anti-vigilante argument here, while touchingly sane, is out of touch with the times.

What's being overlooked here is the crucial terrorism aspect of the case. After all, isn't passengers subduing a crazy person (or epileptic or disgruntled pirate) on a plan vigilantism?

That's the first thing people are going to think nowadays -- any wild individual is now a terrorist with the power to ANNIHILATE EVERYBODY.

These guys were just saving passengers on a much bigger plane -- the size of the whole town.

Right?
 
2012-04-06 09:04:07 AM  

heinrich66: That's the first thing people are going to think nowadays -- any wild individual is now a terrorist with the power to ANNIHILATE EVERYBODY.

These guys were just saving passengers on a much bigger plane -- the size of the whole town.

Right?


Well, given the guy was attempting to get on a bus...
 
2012-04-06 09:04:23 AM  

vudukungfu: ihatedumbpeople:
He'd have been better off killing him on the spot and claiming self defense. Chasing him down and killing him is a revenge killing, pure and simple. Sorry dude...I feel for ya, but once you hunt him down you're outside the law.

Good for him for not letting Machete get on the bus.
He's gonna walk.


Can also claim that the guy prevented Machete from killing whoever on the bus.

DA is thinking "this ain't gonna be another Trayvon situation, No Stand Your Ground here!"

/uh. no
 
2012-04-06 09:04:36 AM  

Shatner's Bassoon: "Every time (Wike) hit somebody with a knife, they died. ... This guy knew what he was doing," Light said. "They should look at it as a self-defense case."

When the guy flees and you have to actively chase him down before you can stab him to death, it stops being self defense and turns into vigilantism. Sorry.


Your GED in Law, I see it there.

This is a perfectly legal killing. He had every reason to believe that this guy was going to kill more people. He was still armed with a knife and running toward a group of people. It's perfectly justifiable in the eyes of the law to kill someone in this situation.
 
2012-04-06 09:05:27 AM  

Silly Jesus: wraith95: ihatedumbpeople: I can't say I agree with it, but this part is the sticking point:

"Wike stabbed Phillip Davis, police said, then fled east on Haywood Road toward Builders First Source with several men in pursuit, including Stevie Davis, who is Phillip Davis' brother, and Richard Anderson.

Stevie Davis caught up to Wike as he was trying to flag down a city bus and stabbed him to death, police said."

He'd have been better off killing him on the spot and claiming self defense. Chasing him down and killing him is a revenge killing, pure and simple. Sorry dude...I feel for ya, but once you hunt him down you're outside the law.

Can you still use temporary insanity as a defense? I can't say I would convict the dude under the circumstances, he did just watch his brother get murdered right in front of him. You're absolutely right about the law, but at the very least I think a pretty light sentence is warranted.

Not even close.


Fair enough, that was a good explanation.
 
2012-04-06 09:06:35 AM  
This is why "Stand your ground" laws are so important.
 
2012-04-06 09:06:35 AM  

Frederick: No jury would convict that victims brother.


As long as the prosecution doesn't railroad him. Sadly, it's happened before.
 
2012-04-06 09:06:53 AM  
Ahh America, land of the free, home of the Brave? wait... what?
 
2012-04-06 09:07:03 AM  

wraith95: Silly Jesus: wraith95: ihatedumbpeople: I can't say I agree with it, but this part is the sticking point:

"Wike stabbed Phillip Davis, police said, then fled east on Haywood Road toward Builders First Source with several men in pursuit, including Stevie Davis, who is Phillip Davis' brother, and Richard Anderson.

Stevie Davis caught up to Wike as he was trying to flag down a city bus and stabbed him to death, police said."

He'd have been better off killing him on the spot and claiming self defense. Chasing him down and killing him is a revenge killing, pure and simple. Sorry dude...I feel for ya, but once you hunt him down you're outside the law.

Can you still use temporary insanity as a defense? I can't say I would convict the dude under the circumstances, he did just watch his brother get murdered right in front of him. You're absolutely right about the law, but at the very least I think a pretty light sentence is warranted.

Not even close.

Fair enough, that was a good explanation.


What do you need explained?
 
2012-04-06 09:07:27 AM  

Felgraf: Well, given the guy was attempting to get on a bus...


Well, given the bus driver wasn't opening the door...
 
2012-04-06 09:08:00 AM  

Silly Jesus: Shatner's Bassoon: "Every time (Wike) hit somebody with a knife, they died. ... This guy knew what he was doing," Light said. "They should look at it as a self-defense case."

When the guy flees and you have to actively chase him down before you can stab him to death, it stops being self defense and turns into vigilantism. Sorry.

Your GED in Law, I see it there.

This is a perfectly legal killing. He had every reason to believe that this guy was going to kill more people. He was still armed with a knife and running toward a group of people. It's perfectly justifiable in the eyes of the law to kill someone in this situation.


We also don;t know if he ran up and stabbed the guy in the back or the guy swung at him.
 
2012-04-06 09:08:42 AM  
Abe Vigoda's Ghost

If only he had been wearing a hoodie.
Start carrying hoodies with you. You can slip them on your victim and claim self defense.

Oh let it drop already. It's been shown the race baiters had to fabricate every bit of evidence in that case. The liars and have been caught. It was as many of us said from day one, a good shoot.

Tawana Brawley II, electric boogaloo
 
2012-04-06 09:09:21 AM  

ihatedumbpeople: I can't say I agree with it, but this part is the sticking point:

"Wike stabbed Phillip Davis, police said, then fled east on Haywood Road toward Builders First Source with several men in pursuit, including Stevie Davis, who is Phillip Davis' brother, and Richard Anderson.

Stevie Davis caught up to Wike as he was trying to flag down a city bus and stabbed him to death, police said."

He'd have been better off killing him on the spot and claiming self defense. Chasing him down and killing him is a revenge killing, pure and simple. Sorry dude...I feel for ya, but once you hunt him down you're outside the law.


This. After RTFA, I came here to say this.

You can't claim self defense when you chase down the guy and kill him. If he'd put him down at the bar when he was stabbing people, yeah, it's a lot more valid self defense.

Much like the way-too-much discussed Zimmerman case in Florida, you can't plausibly call something "self defense" when you go chasing after the guy and put him down. In this case the victim was an actual bad guy being put down by a friend of the guy he just killed, and not a wannabe-cop/Batman chasing down and shooting a blah kid.

In this case, the "victim" was indeed up to no good, but that still didn't justify chasing him down. It went from self defense to revenge once he left the scene of the crime.
 
2012-04-06 09:09:32 AM  
So, why wasn't I invited to the Asheville Fark party?
 
2012-04-06 09:10:06 AM  

Silly Jesus: Your GED in Law, I see it there.


OK GED in Law guy, how the fark is it self defense to chase someone down and kill them after they've fled from you?
 
2012-04-06 09:10:27 AM  

Silly Jesus: wraith95: Silly Jesus: What do you need explained?


I was referring to this: Not necessarily. This guy was on a killing spree, it is justifiable to stop someone one a killing spree with whatever force necessary. If a police officer had witnessed this guy running away from stabbing several people toward a bus full of people he would be every bit justified in shooting the guy in the back. They guy still poses an immediate threat to the public and it is reasonable to assume that he will continue his killing spree if he escapes capture. This is pretty well established law.
 
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