10 November 2007

KingCast presents: A word about NH Competing Harms Defense in the Franconia shooting tragedy: Misapplied.

"At sentencing, the court must determine whether the proscribed operation was "necessitated by situations of apparent extreme emergency which required such operation to save life or limb." RSA 262:23, I. At trial, when a competing harms defense has been sufficiently brought into play, the State must prove, beyond a reasonable doubt, see RSA 625:10, :11, III, (c) (1986); Soucy , 139 N.H. at 352-53, 653 A.2d at 564, that the operation in issue was not conduct believed by the defendant to be necessary to avoid harm to himself or another, where the harm perceived outweighs the harm sought to be prevented by the statute (this weighing to be measured objectively). See RSA 627:3."
State v. Bernard.

See also State v. Laurent L'Heureux
Additionally, the defense is "not available to justify unlawful conduct when lawful alternatives exist which will cause less, if any, harm." Id.

Problem is that Floyd -- according to his own son -- made a bad situation worse by starting to shoot at Liko before Liko ever ran McKay over, and he didn't speak to Liko AT ALL before he shot the windshield or before he shot through Caleb Macaulay's fully-raised window.

Moreover, once the defendant has established the availability of the defense, the State has the burden to prove beyond a reasonable doubt that the harm produced by violation of the statute "was not conduct believed by the defendant to be necessary to avoid harm to himself or another, where the harm perceived outweighs the harm sought to be prevented by the statute."

The problem is that Floyd never even stood trial for murdering Liko Kenney. Kelly's actions arguably constitute a Due Process violation because she usurped the function of a duly-empaneled trier of fact and arbiter of law that could have found that Floyd could not avail himself of the Defense because he was just a deranged fool looking for someone to kill. His own son at pdf page 745 said that Liko had not struck McKay with his car until AFTER his daddy shot at Liko and struck his car, a salient FACT that Defendant Ayotte tried to ignore.

After all, he never "killed 43 people" in Vietnam as he claimed during his investigation because he never left American Soil, as noted in the Jeffery Strelzin go-to-hell post, which commenced in this Littleton Courier Strelzin post. But he sure as hell killed Liko, murdered him in my opinion, as he sat in his car, blinded by OC Spray with a jammed gun and Floyd never spoke to him prior to shooting through Caleb Macaulay's closed window. All of this is documented right here in the windshield bullet post.

Note further that in the smaller JPEG, the annotated email from Defendant Ayotte to Attorney X, she says "McKay never even had his hand on his gun" prior to Liko shooting him, but there is absolutely no way for her to prove this, and Floyd said he retrieved McKay's gun from the street, so he obviously cleared leather at some point. The question is did Liko see that bully reach for his gun as soon as he walked out of camera range -- after OC Spraying him without a command or directive, which violates every police procedure known to man. He also apparently turned his GPS Communicator off for some reason, which isn't exactly kosher either.

Related post: I was hip to Floyd's lies way back when, on 2 June.

Related post: Defendant Ayotte lied to a major Civil Rights lawyer, Attorney X.

Related post: Small wonder that Defendant Ayotte and her merry band of pranksters lost the Maura Murray Right-to-Know case exactly one year ago. KingCast and the Franconia Collective are here to see to it that history repeats itself.

More research to follow after I have another chat with Mr. Westlaw.


Christopher King said...

DTRT states:
"The NH Attorney General ruled that since the officer was in mortal danger from Liko Kenney and since Mr. Floyd himself was in danger at the time, it was a lawful use of deadly force and Mr. Floyd would not be charged because he was trying to save someone else's life and his own."

ahhhmmmm - Mr. Floyd PLACED himself and others at risk (his son, Caleb and observers who happened upon the scene) by choosing action/deadly force, without benefit of knowing whether the officer was alive or not.
Had he rendered aid to the officer, and/or called for help/911, we would not be discussing the matter today.
Floyd took an additional life, and created chaos and mayhem following the initial confrontation between McKay and Liko.

Anonymous said...

i neglected to mention in responding to DTRT that the very first option to have considered was for floyd to RETREAT TO SAFETY - to his truck - to run accross the street to the neighbor, to protect his son...normal, natural instincts, if he so feared for his life.

Anonymous said...

chris, floyd's "43 kills" is a major statement, especially combined with his history and behaviors.
it is disturbing that the AG's office never explains the context for his comment...it's not likely they occurred in Nam, according to the timeline presented by knowledgegable citizens. is he delusional? is he accurate? is he counting animals? people?
he just killed Liko, and this unusual statement is ignored?

is it possible to discover any unsolved murders in places where floyd may have previously resided?

Christopher King said...

Yes the "43 kills" and "Tours of Vietnam" is a HUGE issue because it bolstered his cred at the investigation.

I asked the AG's office for any paperwork that indicates the veracity of the "43 kills" and they had zip, zero, zilch.

Gotta believe the Court will find that interesting, to say the least.

I'm convinced he is a delusional freakazoid and a murderer.

Christopher King said...

Look at Section II, item 1.

15 Beasom Street
Nashua , New Hampshire 03064


Re: Outstanding Right-to-Know requests in Franconia shooting tragedy.

Dear Counselors Ayotte and Strelzin:

I’m about to finish drafting the KingCast Motion for Declaratory Judgment and need to tie off a few loose ends first. For the other loose ends I will of course ask that the Court maintain jurisdiction because otherwise we could be sending letters back and forth for months, and I’m sure you are just as anxious as I am to get to Court and prove the merit of your position.

So then, please have your staff provide the following items for me as I will be in Concord first thing in the morning, tomorrow, Wednesday 8 August 2007.

Sam Stephenson’s audio recording that you produced immediately after I served you with a copy of the KingCast Ethics Complaint.

The correspondence file between your office and Attorney X, who is of course H.B., as Kelly knows already from just looking at the email.

The correspondence file between your office and John P., the citizen from Chris King’s 1st Amendment Page who issued a Right-to-Know request.

The cost of the failed prosecutions against Jaffrey Police officer Aaron Deboisbriand and me.

In the way of further and ongoing requests please provide:

Any and all documentation you have that would indicate your research into whether the 43 kills that Gregory Floyd claims to have made were done with government approval and in the line of government-sanctioned activities.

If different from #1, any and all documentation you have that Gregory Floyd actually killed 43 human beings.

A copy of any and all correspondence between your office and any and all past or presently-elected officials regarding the events of 5/11, Liko Kenney, Bruce McKay, Caleb Macaulay, or Floyds Junior and Senior.

Very truly yours,

Christopher King, J.D.
On behalf of KingCast.net
On behalf of Franconia Collective.