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But, an attack with a shovel is life threatening.
He used the shovel as a weapon not a tool.
If you shot him with a gun under similar circumstances, and I was a juror, in my deliberation I’d consider that both were armed. One person was on his own property pointing a gun at another person dumb enough to attack him with a shovel. I would hope your attorney at some point in his summation would include:
“... and members of the jury, we have here a situation where my client was in his newly purchased home, brutally attracted by a man who made the last bad decision of many previous bad decisions that day, by bringing a shovel to a gunfight.”
"I'm at that stage in life where I stay out of discussions. Even if you say 1+1=5, you're right - have fun." - Keanu Reeves
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Don't worry about the consequences.... especially in this state.
Unless you're white.
They'll be dead...
Their family will sue.
bringing a shovel to a gunfight
I believe the law would require you to respond with a shovel, or perhaps provide a gun for the attacker.
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perhaps provide a gun for the attacker.
We’ll have to check the law on that. I’d always assumed Hawaii was a BYO state.
"I'm at that stage in life where I stay out of discussions. Even if you say 1+1=5, you're right - have fun." - Keanu Reeves
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When all is said and done, there is Hawaii law, and then there is my law (and in your case, your law). Kind of !ike, there is laws of state, county, city, country, and your law. When the shtf, and there are no law enforcement to help me, then I'm playing it my way.And the more I see how this state only follows a selective rule of law, the less confidence I have in counting on my government to serve and protect me.
Pardon my ignorance, but is the man who got the beaten a caucasion by any chance? I didn't see it mentioned in the articles.
Jon in Keaau/HPP
Jon in Keaau/HPP
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I wonder what was heck this is about? He goes on to beat another victim into permanent brain damage following this incident? Doesn't sound like any time on that one either? Holy cow, this is really bad news. If Hawaii doesn't wise up it deserves serious consequences from the federal government. For example how much money can they steal on the rail project before being cut off? Or spend/steal for babysitting the criminal protesters illegally blocking the road to the observatories? I could go on and on. The feds need to take this state over, turn it into a military zone, demote it to a territory, something because this is a joke and the feds have a responsibility to taxpayers to stop funding a state set up and based on scamming.
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From what I've read online, the other side of the story is that the haole guys had bought a house that had no easement to it. It's located on a private lot with a locked gate. So they cut a lock off the front gate and then trespassed through 2 properties to access their house. Allegedly the local people who live in the gated area weren't aware that anyone bought the place and thought the haole guys were lying and were squatters or theives. They also allegedly seen the haole guys with a gun.
The local guys are definitely still in the wrong on this, but I think the light sentence was due to the fact that the haole guys trespassed to get to their property and the local guys claimed they were protecting their property.
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a house that had no easement to it. It's located on a private lot
Do you have a link for that information?
It seems unlikely that a house that’s already built has no easement, because the builders would have had to access it somehow. Unless it was divided as a condominium lot from a larger property and the papers didn’t include an easement?
"I'm at that stage in life where I stay out of discussions. Even if you say 1+1=5, you're right - have fun." - Keanu Reeves
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Every privately owned lot is required to have direct or easement access.
Assume the best and ask questions.
Punaweb moderator
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If there are idiots roaming around attacking and beating up people they should go to jail. It should be simple.
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Every privately owned lot is required to have direct or easement access.
My read of the Code suggets that lots may not be created without access. It is possible to lose an easement afterwards, in which case it's obviously the buyer's fault for failure to perform due diligence.
