wilkes

bushkisser,
Under NC Law, General Statute 15A-401(f), it is illegal for a person to resist arrest by use of a deadly weapon, even if the arrest or attempted arrest was unlawfull. I have copied it below for your conveience;

NC General Statute 15A-401;

(f) Use of Deadly Weapon or Deadly Force to Resist Arrest. �

(1) A person is not justified in using a deadly weapon or deadly force to resist an arrest by a law‑enforcement officer using reasonable force, when the person knows or has reason to know that the officer is a law‑enforcement officer and that the officer is effecting or attempting to effect an arrest.

(2) The fact that the arrest was not authorized under this section is no defense to an otherwise valid criminal charge arising out of the use of such deadly weapon or deadly force.

(3) Nothing contained in this subsection (f) shall be construed to excuse or justify the unreasonable or excessive force by an officer in effecting an arrest. Nothing contained in this subsection (f) shall be construed to bar or limit any civil action arising out of an arrest not authorized by this Article.

An NC game warden training session: http://www.centraltowingoft...

Its all in weather you want to beleive Mintons story or not, The only problem i have with the entire story is"I know if the shoe was on the other foot and Coffey shot minton and killed him, and told officers Minton had drew on him, where would Coffey be right now? "In Jail ! And you know it, I know it, and everybody else knows it ! They would Not have beleived Coffey, but they say they have no choice but to beleive Minton !
So the only problem I have with it, why didnt they let a court and 12 men sort out weather he was guilty or not , Just like they would have Coffey ! And the procuter would have been the DA, and he should tried as hard as he could have to convict Minton, just like he would have if Coffey had killed Minton ! I think this is what almost every citizen of Wilkes and surrounding counties are mad about, and they should be, and come election time, lets sjhhow them what we mean, and vote in people that could have in no way had anything to do with it, Then you all can say the people have spoke !

We all agree on that SNAP!!!! I will leave you guys to it , have to go.

he said he said, all over a frigging turkey. you can bet i'll be over a bait pile come opening day of turkey season. NOT . i wouldn't give the price of one shotgun shell for every turkey on the north american continent. or the deer. and it sure wasn't worth a man's life.

Olural 168, it was multiple officers in uniform, not one in camo intending to confront the property owner.

Clyde drew down on Minton from the hip? Is this from an old western movie? That makes no sense at all.

LEO , you are trying to alter and change the facts again.
Professional Hazard?

I dont know if any one has posted it and dont have time to go all the way back, But has any one looked at Oliver vs US Supreme court decision. Seems pretty clear, Officers had tip went across locked gate, found pot field. Supreme court up held their actions.

Minton said "he raised his gun".

when obama gets through, we won't have to worry about hunting. unless you have a sling shot.

landowner,
How do you know that Coffee did not point his gun at Minton just as Minton said he did, and if I recall the DA said that Minton said that Coffee raised and pointed his shot gun at him, he did not sholdered the weapon, have you never carried a long gun in the low ready position and or fired it from the hip. Firing a long gun from the hip would not put the shooters arms or the weapon in front of the shooters chest but more in front of his lower abdomen, well below where Minton's bullet struck.

leo, no offense i'm like rhett butler when it comes to ohio. "frankly my dear, i don't give a da*n". to hades with ohio.

You see LEO, there you go again with unsubstantiated points. How do you know Coffee pointed his gun. Based on Mintons past, i am inclined to think that the evidence that the place where coffee was shot does not allow for him to have had a gun raised. If the gun were raised, the shot would have hit the gun or arm in order to enter the body first from that angle. This was concluded in the states evidence, and provided from the independent investigators.

snapshot,
I was talking about the article about the hunters vs. game warden in Ohio, not saying what time of day this occured.

sometime between 6:30 am and 7: 45am , does that cover it?

An armed confrontation that ended peacefully. The only difference in the Ohio case and Minton / Coffee case is evidently no one pointed their guns at the warden, and they were hunting dove not turkey.

We will have to agree to disagree, In my humble opinion if you are in the woods hunting,the warden has a right to approach you. Could it have been done differently, You Betcha. But I dont think either man entered the woods that day with the intent to have a armed confrontation. As for the rest I feel badly for the family. It was a tragedy.

An armed game warden confronting armed hunters, sounds like an armed confrontaion to me, and I do not recall the article saying what time the game warden was there.

That was a law passed in an ohio state legislature. Has nothing to do with entering private property in predawn hours for an armed confrontation. That also specifies that it had to be within certain hours. Nothing to do with this case.