Chud the Builder

29,632 Views | 327 Replies | Last: 5 days ago by HTownAg98
Zachary Klement
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AG
Hardcore Greg said:

Zachary Klement said:

Hardcore Greg said:

aggiehawg said:

Quote:

Right, so if you walk up to someone and provoke them with words, and they start kicking your face in, you lose all right to defend your life because you said mean words? That's your argument right? If you started something verbally, you have no right to defend yourself against the person if they choose to physically attack you right?


My understanding of Tennessee law is that being the initial provoker, then requires that person a duty to retreat to reinstate any claim of self defense. There is also a question of reasonableness under the laws of self defense.

Now I am not familiar with many facts in this case other than his online presence being less than savory. And that Chud said something intended to provoke a response. So any legal analysis of whether self defense is still in play here is premature.

Yeah, I can see this being the issue for sure...whether he provoked this particular altercation is likely very relevant. It's the "he had made racist and super inappropriate posts before that can determine whether this was justified self defense" that I have a real issue with. Just seems like an extremely slippery slope.

But it isn't just that, he made such comments previously for the purpose of getting into physical altercations AND he posted videos of said altercations online.

It is not like anyone is saying, "well he was racist online, anyone is free to kick his ass."

His history of instigating altercations, baiting people so he can use retaliatory force, posting those interactions online, and making comments about likely shooting someone one day help create a narrative that this was his intended outcome based on an established pattern of behavior.

Got it, so he could never legally and justifiably defend himself against violent attack by a black person. Ever? Or is there a statute of limitations...say 5 yrs? 10 yrs? Surely the slate is eventually wiped clean and he is allowed this basic human right again?

Dude, where did I say that?

You keep acting as if he was randomly assaulted for posting mean tweets or something when that clearly is not what happened.

I am not even saying self defense was or was not warranted, there is too much missing info, but based on his pattern of behavior, it seems possible a self defense defense could be precluded.
Zachary Klement
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AG
Didn't he hit him or no?
Queso1
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Oh I don't know. I was simply commenting on the concept of attempted crimes.
TAMUallen
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aggiehawg said:

Quote:

Chud told the guy 'I hope your day gets better. God bless'

- Chud had already walked away. Was about 70-100 yards away

- The man went out of his way to run up on Chud while his back was turned

- HE confronted Chud

- HE punched Chud in his face

Assuming arguendo those allegations are corroborated, was the punch sufficient to warrant use of deadly force? Was that reasonable under the circumstances?

Again, I am not taking any position here as I simply don't have enough facts yet but it will be a messy case.


No no, I understand hawg. Theres more than that too in the claim which is supposedly on audio that The shot was fired from the ground. Chud was being beaten by the guy. Also, the attacker said 'I'm gonna ****ing kill you!'

It's already a mess as is and I hate to say it but if you were to remove everything racial from this it wouldn't even be a thread. However, since he said the equivalent of voldemort and made his name by calling people voldemort, this has become something way more than it should be.
HTownAg98
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Hardcore Greg said:

HTownAg98 said:

Hardcore Greg said:

HTownAg98 said:

Hardcore Greg said:

HTownAg98 said:

Hardcore Greg said:

HTownAg98 said:

Hardcore Greg said:

HTownAg98 said:

He went way over the line and into provocation territory. If you delve into his social media, he's been looking for a fight for a while. You can't do that and then claim "free speech" or self-defense.

Actually, I think you can. I get where you are coming from, I just don't think the law should work that way. That just because he has said these things he could never be a victim of an assault with a self defense claim, just bc "he deserves it".

This guys is nuts though...a lot of these trashy social media provacateurs only pick on the weak...most of the black ones I have seen antagonize and harrass white and asian people who they know won't do sh**...or who might punch them but aren't going to stomp their lights out or kill them over words. He chose to F with the 6/60 crowd like an absolute psycho. That's the one group you simply cannot do this to.

And Americans (aka potential jurors) of all races have mostly been brainwashed since kindergarten to think it's ok since they have grievances over the past. Even if it turns out he shouldn't according to the facts of the case, this guy is going to do very hard time.

There are cases where self defense would be justified. If he was just walking down the street and someone started assaulting him unprovoked, then he'd have a very strong self defense case. But this situation isn't that. It's not just his speech that got him in trouble. It's his actions before and after that are going to make a defense attorney very rich (assuming he has money, which I bet he does) and land him in general pop.

Just curious what makes you think he has money. He had a handyman/small scale construction business that he said was taken from him (probably his own failure and he can't own up to it). Maybe there is some daddy's money that we don't know about, but it's a leap imo to assume he has enough money to "make a defense attorney rich" imo.

The essence of your post though seems to kind of be arguing in favor of thought crimes. i.e. some Chicago underground rapper or banger talking sh** online, then he gets violently confronted and attacked for it, and uses a legal weapon to defend himself. I am removing the racial component from the equation, which I think a lot of people are overly focused on. If you say mean things, and have a track record of saying mean things, do you have to void any and all right to defend yourself if someone attacks you for saying mean things?

If he fries, it will very likely be because of his thought crimes and the fact that he was constantly provoking people prior to this incident. Not for the incident itself.

Hardly. I'm a pretty solid First Amendment absolutist. This guy tries to wrap himself in the cloak of free speech, but this crossed the line. Again, go look through his social media. He was looking for a fight, not just a confrontation. There's a mile of difference between defending what Fred Phelps of "God Hates ***s" fame has to say (because I do defend his right to say it), and defending Chud. He can hate all the black people he want; that's his right to be an idiot. He crossed the line, and he's going to pay.

Yes, the provocation in prior incidents is going to be a huge problem for him. Also him saying "there's a dead chimp on the ground" after the fact. He's made his case exponentially more difficult because he can't shut the **** up.

So if a KKK member does some rabble rousing online and talks sh** about a certain race...is then violently assaulted by a person by that race out in real life after saying something...he loses any and all right to defend himself with lethal force? I get that jurors are biased and emotional and would likely rule against him, but SHOULD he not have the right to defend himself? Or is this just a general principle, that if you talk sh** or disrespect someone, and they attack you, you have no right to defend yourself because you said mean words and deserve it?




That KKK member would have the right to defend himself, as would anyone. But again, the facts here are different.
Quote:

IMO this should ONLY be about the altercation/shooting on May 13.

I understand that's your opinion, but that's not what the law is. Allllllll his prior bad acts are going to be admitted.

Quote:

By your logic, some posters on here would not be able to legally defend themselves from muslim or middle eastern attackers because they have made angry comments online about "glassing the middle east".

Of course they would. That's an asinine suggestion.

So by this logic, as a result of his past actions and words (which we all agree are stupid and hateful) Chud could never legally defend himself against any black attackers...even if he was just minding his business and they recognized him from his online postings and started assaulting him...or maybe it's just 100% random.

But he would have to let them beat him or kill him because he has said crazy mean and rascist things online and therefore provoked the attack?

Is there any statute of limitations or anything, after which period of time he can eventually legally defend himself against non-white attackers?

In that scenario, of course he could defend himself. That's not a hard call. (Btw, who taught you logic? You've been inferring things I've never said, and trying to string things together that are distinctly different.)

You guys are literally arguing that someone's past patterns of behavior should determine whether lethal force is justified or not in a future unrelated scenario. I am asking when that resets and he regains his basic fundamental human right to defend himself from violent attackers. When is the slate wiped clean and prosecutors can no longer say "see, he was an ******* that liked to antagonize black people, so he had a duty to let this guy beat him to death".

I think you're trying to be deliberately obtuse, but what the hell, it's a slow Friday. The short answer is his right to say dumb stuff without being attacked has never gone away. Three scenarios:

Scenario #1. Chud is walking down the street, minding his own business, and someone attacks him. He has the right to defend himself, period.
Scenario #2. Chud is posting videos calling black people all kinds of epithets, and someone punches him. He probably has a good self-defense argument, but it's going to depend on all the facts.
Scenario #3. Chud starts posting videos about how he wants to confront people, hoping it provokes a confrontation, and brings along a gun for defense. Self defense goes away.

Once you do all the things in scenario #3, and keep doing provocations, and keep hoping to get in a fight, that self-defense right isn't coming back anytime soon. But if he were to repent, apologize, and stop doing incredibly stupid stuff, unprovoked attacks can be defended.
Hardcore Greg
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TAMUallen said:

aggiehawg said:

Quote:

Chud told the guy 'I hope your day gets better. God bless'

- Chud had already walked away. Was about 70-100 yards away

- The man went out of his way to run up on Chud while his back was turned

- HE confronted Chud

- HE punched Chud in his face

Assuming arguendo those allegations are corroborated, was the punch sufficient to warrant use of deadly force? Was that reasonable under the circumstances?

Again, I am not taking any position here as I simply don't have enough facts yet but it will be a messy case.


No no, I understand hawg. Theres more than that too in the claim which is supposedly on audio that The shot was fired from the ground. Chud was being beaten by the guy. Also, the attacker said 'I'm gonna ****ing kill you!'

It's already a mess as is and I hate to say it but if you were to remove everything racial from this it wouldn't even be a thread. However, since he said the equivalent of voldemort and made his name by calling people voldemort, this has become something way more than it should be.

Ignore the horrible language, it is crazy that the latter part of this could actually possibly turn out to be true. If what you have been posting is legit, it is very likely he may skate free...can you imagine the response to that? A large % of the US population believes he deserves to die for things he had said and done. That words can rise to the level of physical assault, worthy of coma or death. If he gets acquitted, it could be the next powderkeg...and better believe the media is going to stoke the flames as much as they can leading up to any trial.

aggiehawg
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AG
All I can say is Chud needs some really great attorneys and needs them right now.
HTownAg98
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What makes you think that? His constant posting about it on social media?
aggiehawg
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Quote:

Scenario #3. Chud starts posting videos about how he wants to confront people, hoping it provokes a confrontation, and brings along a gun for defense. Self defense goes away.

Once you do all the things in scenario #3, and keep doing provocations, and keep hoping to get in a fight, that self-defense right isn't coming back anytime soon. But if he were to repent, apologize, and stop doing incredibly stupid stuff, unprovoked attacks can be defended.

I get where you are going but that is an oversimplication, in my view. There will be a lot of admissibility of evidence fights, assuming Chud does not take the stand. If he does take the stand, all of that will come in, of course.
TAMUallen
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The givesendgo page for Chud is increasing roughly about 5k per hour FWIW
Gaeilge
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What I find somewhat interesting is that John Rocker has basically been saying the same thing about black people for almost 30 years. He didn't have the platform that this guy does.
Hardcore Greg
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Gaeilge said:

What I find somewhat interesting is that John Rocker has basically been saying the same thing about black people for almost 30 years. He didn't have the platform that this guy does.

John Rocker doesn't go around calling people racist names to their face. He just speaks the truth...about everything. I have not seen him miss, but I am sure he has, no one is perfect.
aggiehawg
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I am confused. Was Chud actually inside the courthouse with a gun?
HTownAg98
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I was trying to keep it simple because it's almost Friday Beer time.
TAMUallen
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AG
Hardcore Greg said:

Gaeilge said:

What I find somewhat interesting is that John Rocker has basically been saying the same thing about black people for almost 30 years. He didn't have the platform that this guy does.

John Rocker doesn't go around calling people racist names to their face. He just speaks the truth...about everything. I have not seen him miss, but I am sure he has, no one is perfect.


What is unexpected but maybe a reflection of the current times is seeing copycat Chud's showing up on social media now AFTER this attempted murder charge.

Wild times.
Gaeilge
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Hardcore Greg said:

Gaeilge said:

What I find somewhat interesting is that John Rocker has basically been saying the same thing about black people for almost 30 years. He didn't have the platform that this guy does.

John Rocker doesn't go around calling people racist names to their face. He just speaks the truth...about everything. I have not seen him miss, but I am sure he has, no one is perfect.

You obviously didn't see much of John Rocker in the early 00s before he was basically blacklisted by MLB.
TAMUallen
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aggiehawg said:

I am confused. Was Chud actually inside the courthouse with a gun?


That's a confusing element to me as well. I believe this was after (maybe before?) a court case he had. He definitely wouldn't have taken one in but that implies somebody he was with had taken or was giving him the firearm before/after court
aggiehawg
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HTownAg98 said:

I was trying to keep it simple because it's almost Friday Beer time.

Gotcha, counselor. Have a fun (but responsible) Happy Hour. Nearly martini time for us. Then again we are home and can get s***faced if we want.
Hardcore Greg
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Gaeilge said:

Hardcore Greg said:

Gaeilge said:

What I find somewhat interesting is that John Rocker has basically been saying the same thing about black people for almost 30 years. He didn't have the platform that this guy does.

John Rocker doesn't go around calling people racist names to their face. He just speaks the truth...about everything. I have not seen him miss, but I am sure he has, no one is perfect.

You obviously didn't see much of John Rocker in the early 00s before he was basically blacklisted by MLB.

I was there for all of it...he was correct in everything I saw and basically prophetic. NYC is even worse than his depiction.

I was at Minute Maid Park when he ran out to deafening boo's. Rocker is still a great follow now. He's like a rated PG Sean Strickland.
usmcbrooks
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Hardcore Greg said:

Gaeilge said:

Hardcore Greg said:

Gaeilge said:

What I find somewhat interesting is that John Rocker has basically been saying the same thing about black people for almost 30 years. He didn't have the platform that this guy does.

John Rocker doesn't go around calling people racist names to their face. He just speaks the truth...about everything. I have not seen him miss, but I am sure he has, no one is perfect.

You obviously didn't see much of John Rocker in the early 00s before he was basically blacklisted by MLB.

I was there for all of it...he was correct in everything I saw and basically prophetic. NYC is even worse than his depiction.

I was at Minute Maid Park when he ran out to deafening boo's. Rocker is still a great follow now. He's like a rated PG Sean Strickland.





Quote:

Rocker told Sports Illustrated he would retire before ever playing for a New York team and then added:

"Imagine having to take the (No.) 7 train to (Shea Stadium) looking like you're (in) Beirut next to some kid with purple hair, next to some queer with AIDS, right next to some dude who got out of jail for the fourth time, right next to some 20-year-old mom with four kids. It's depressing.

"The biggest thing I don't like about New York are the foreigners," the 25-year-old Georgia native said. "You can walk an entire block in Times Square and not hear anybody speaking English. Asians and Koreans and Vietnamese and Indians and Russians and Spanish people and everything up there. How the hell did they get in this country?"

Hardcore Greg
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usmcbrooks said:

Hardcore Greg said:

Gaeilge said:

Hardcore Greg said:

Gaeilge said:

What I find somewhat interesting is that John Rocker has basically been saying the same thing about black people for almost 30 years. He didn't have the platform that this guy does.

John Rocker doesn't go around calling people racist names to their face. He just speaks the truth...about everything. I have not seen him miss, but I am sure he has, no one is perfect.

You obviously didn't see much of John Rocker in the early 00s before he was basically blacklisted by MLB.

I was there for all of it...he was correct in everything I saw and basically prophetic. NYC is even worse than his depiction.

I was at Minute Maid Park when he ran out to deafening boo's. Rocker is still a great follow now. He's like a rated PG Sean Strickland.





Quote:

Rocker told Sports Illustrated he would retire before ever playing for a New York team and then added:

"Imagine having to take the (No.) 7 train to (Shea Stadium) looking like you're (in) Beirut next to some kid with purple hair, next to some queer with AIDS, right next to some dude who got out of jail for the fourth time, right next to some 20-year-old mom with four kids. It's depressing.

"The biggest thing I don't like about New York are the foreigners," the 25-year-old Georgia native said. "You can walk an entire block in Times Square and not hear anybody speaking English. Asians and Koreans and Vietnamese and Indians and Russians and Spanish people and everything up there. How the hell did they get in this country?"



And? That's how I feel on the freeways now in Houston when I am in traffic and look around. It's every dense urban area. NYC was just ahead of us all. Those very same views would not at all be controversial in most other countries...especially any of the Asian countries he listed, where homogeneity and assimilation are paramount.

If you listen to all of his other interviews, he just expects foreigners to assimilate and speak our language. My korean inlaws didn't even teach my wife or her brother Korean because they wanted desperately to learn and master English, and for their children to be fluent as well. That's the way it should be done imo.

This is a pretty solid, and surprisingly fair, interview with Vice from about 10 yrs ago.

nai06
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AG
I believe this is the Tennessee law that will apply or be pertinent to this case
TN Code 39-11-611,(E) (2)
https://law.justia.com/codes/tennessee/title-39/chapter-11/part-6/section-39-11-611/

As aggiehawg pointed out, he very well could have had a duty to retreat.
Quote:

  • (e) The threat or use of force against another is not justified:
    • (1) If the person using force consented to the exact force used or attempted by the other individual;
    • (2) If the person using force provoked the other individual's use or attempted use of unlawful force, unless:

      • (A) The person using force abandons the encounter or clearly communicates to the other the intent to do so; and
      • (B) The other person nevertheless continues or attempts to use unlawful force against the person; or
    • (3) To resist a halt at a roadblock, arrest, search, or stop and frisk that the person using force knows is being made by a law enforcement officer, unless:
      • (A) The law enforcement officer uses or attempts to use greater force than necessary to make the arrest, search, stop and frisk, or halt; and
      • (B) The person using force reasonably believes that the force is immediately necessary to protect against the law enforcement officer's use or attempted use of greater force than necessary.




Even if he didn't physically attack the guy first, he could still have committed Assault under Tennessee law he intentionally or knowingly causing another to reasonably fear imminent bodily injury (but right now we really don't know what was said).
Reginald Cousins
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S
nai06 said:

I believe this is the Tennessee law that will apply or be pertinent to this case
TN Code 39-11-611,(E) (2)
https://law.justia.com/codes/tennessee/title-39/chapter-11/part-6/section-39-11-611/

As aggiehawg pointed out, he very well could have had a duty to retreat.
Quote:

  • (e) The threat or use of force against another is not justified:
    • (1) If the person using force consented to the exact force used or attempted by the other individual;
    • (2) If the person using force provoked the other individual's use or attempted use of unlawful force, unless:

      • (A) The person using force abandons the encounter or clearly communicates to the other the intent to do so; and
      • (B) The other person nevertheless continues or attempts to use unlawful force against the person; or
    • (3) To resist a halt at a roadblock, arrest, search, or stop and frisk that the person using force knows is being made by a law enforcement officer, unless:
      • (A) The law enforcement officer uses or attempts to use greater force than necessary to make the arrest, search, stop and frisk, or halt; and
      • (B) The person using force reasonably believes that the force is immediately necessary to protect against the law enforcement officer's use or attempted use of greater force than necessary.




Even if he didn't physically attack the guy first, he could still have committed Assault under Tennessee law he intentionally or knowingly causing another to reasonably fear imminent bodily injury (but right now we really don't know what was said).


If true, is walking 70 yards away abandoning the encounter?
Gaeilge
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This could complicate his self-defense claim.

TAMUallen
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I follow 0hour and he's been pretty weird the past few weeks. Who knows but I'm not thinking he's a great source
Darthag11
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Gaeilge said:

This could complicate his self-defense claim.



its on a random twitter account must be true.
Sid Farkas
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Darthag11 said:

Gaeilge said:

This could complicate his self-defense claim.



its on a random twitter account must be true.

and "before the fight started" isn't very useful...would be more definitive if it said "pulling his gun initiated the escalation".
Gaeilge
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Darthag11 said:

Gaeilge said:

This could complicate his self-defense claim.



its on a random twitter account must be true.

It is in the arrest report...
TAMUallen
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AG
Do we know if this is before or after in court?

Reaching for gun that had been left with another person after conflict begins isn't the same as brandishing. Way too many unknowns
aggiehawg
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Quote:

If true, is walking 70 yards away abandoning the encounter?

That could be a question of fact for the jury to decide, if that is disputed.

Always remember that eye witnesses, seeing the same thing can give wildly different accounts of what they saw. Just human nature. And that then comes down to credibility issues for the jury to decide.

As I have said based upon what I have seen thus far, this will be a messy case for both the prosecution and the defense. Pretrial motions regarding admissibility will be numerous and have a very large effect on the conduct of this trial.
Gaeilge
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Not disagreeing. Still several unknowns in all of this. But with it being in the arrest report, it definitely will complicate his self-defense claims.
aggiehawg
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Quote:

and "before the fight started" isn't very useful...would be more definitive if it said "pulling his gun initiated the escalation".

Oh goody! (sarc) Another factor, escalation. Who did what when? Another complication.

I already hate this case as I know I will get significant blowback for my analyses.
BlackLab
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TAMUallen
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aggiehawg said:

Quote:

and "before the fight started" isn't very useful...would be more definitive if it said "pulling his gun initiated the escalation".

Oh goody! (sarc) Another factor, escalation. Who did what when? Another complication.

I already hate this case as I know I will get significant blowback for my analyses.


One thing I'm very curious about is if he did say something like God bless and walked away before the physical scuffle started. With the limited amount of unverified claims we have, that one alone if true, would shift things substantially since he would havr been deescalating verbally and walking away from the situation instead of seeking a fight or attempted murder as some have pitched from previous behavior.

aggiehawg
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Quote:

One thing I'm very curious about is if he did say something like God bless and walked away before the physical scuffle started. With the limited amount of unverified claims we have, that one alone if true, would shift things substantially since he would havr been deescalating verbally and walking away from the situation instead of seeking a fight or attempted murder as some have pitched from previous behavior.

Again some witnesses may have heard that or may not have heard that. They may say they heard, "Eff you N-word."

I am not trying to be a Debbie Downer here. Instead I want to try to manage expectations. It is a complicated case, now becoming high profile. Temptation to try to take one side or another at this point is folly.

A lot of twists and turns are still coming. Need to see the victim's medical report of where he was struck, trajectory, tox report, blood report. (HIPPA probably will block those being made public.)

BUT the lawyers will know that info.
 
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