
Originally Posted by
David88vert
Incorrect. KFG entered their place of business - legally, they are in the defensive position. Secondly, BJB specifically asked him if he was a master and what degree belt he had. This was calculated to make certain that he was legally covered by 1984 VA law regarding excessive force. Basically, BJB had KFG establish that he was trained. WD then was only exercising self defense at that point legally.
In this case, a jury would have a hard time pinpointing a spot where WD stopped prior to being pushed back by his fellow students. Just because the other person stops fighting back does not mean that your right to self defense has been terminated. If a person uses a weapon at you, and then lowers it and says I don't want to fight anymore, you have no legal obligation to stop.
The simple facts are this:
If KFG lived, then the statue of limitations are already up, and this video cannot be used to prosecute the individuals involved.
If KFG died as a result of the injuries in this video, the prosecution will have to:
1) Identify the real identify of KFG.
2) Discover the actual body of KFG.
3) Identify the actual time and cause of death through forensic analysis.
4) Discover if KFG had any prior martial arts training and mental health history.
5) Establish that BJB and the others in the dojo had training in recognizing mental health issues.
6) Etc. (too many more things to write)
Get the point? Whether or not they should have done it is a moot point. The fact is that it is likely that they will get away with it. People can be upset, but this country has laws that we are governed by. Unfortunatley, someone MAY have died, but he walked into that dojo with the intention of showing off, and then did not walk away when the situation started to escalate.