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Originally Posted by OMG!WTF!
Yeah I was trying to say that because he didn't claim self defense doesn't mean he was not lawfully defending himself under the circumstances.
Like there has to be a reason to have the guns out. Target shooting for example. If Stanley was target shooting with friends he might be guilty because pointing a gun at someone's head would be negligent.
In this case, the air of self defense has to considered or it would be a negligent event. Maybe not self defense but the over all circumstances.
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If he had the gun out for self defense, why would he only load 2 bullets, fire them in the air, and then pull his clip out? Doing so just made his weapon completely useless for self defense. Why not load a full clip? The RCMP photos of his shed showed a full set of 8 rounds ready to load:
http://media.socastsrm.com/wordpress...S-ammo-bag.png
Saskatchewan lawyer Rob Feist posted a pretty good critique of Stanley's account and I agree with the questions he raises. Stanley's account just doesn't make a lot of sense to me:
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Gerald Stanley’s defence is the defence of accident. If you believe it, his defence explains all of the physical evidence, and most particularly a Tokarev casing found on the SUV dash and Colten’s DNA found on the Tokarev itself. But to believe it completely, you have to accept the following:
A. Gerald Stanley did not know how many rounds he put into the Tokarev;
B. Gerald Stanley, who believed he or his family were under threat, loaded his firearm with two shells, and then fired both shells in the air, leaving his firearm empty and useless for self-defence;
C. Gerald Stanley tried to make the Tokarev safe by repeatedly pulling its trigger into the air;
D. Gerald Stanley took the time, in this situation, to make the Tokarev safe before proceeding to the vehicle he believed had run over his wife;
E. Gerald Stanley believed the Boushie SUV had run over his wife, even though there was no explanation for his belief, other than his wife not being on the lawnmower;
F. Gerald Stanley went to the window of the vehicle to turn the vehicle off to immobilize it, even though the driver had exited the vehicle, and Colten Boushie, the person nearest the steering wheel, was asleep or passed out;
G. Gerald Stanley used his left hand to attempt to turn off the vehicle ignition, keeping the firearm in his right hand, even though he claimed the firearm was made safe, and using your left hand through a driver’s side window to turn off an ignition is incredibly awkward; and
H. Gerald Stanley experienced a hang-fire - an extremely rare occurrence in itself - with a duration of many seconds - an almost impossible length of time for a hang-fire - at the precise second his Tokarev was aimed at close range at Colten Boushie’s skull.
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