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In reply to the discussion: Father who beat to death man he caught raping his five-year-old daughter will NOT face charges [View all]Yo_Mama
(8,303 posts)If you think a father finding his five year old girl under a grown man can intervene physically with mental calm, then you are a strange human being.
If you think a father finding a strange man in the act of raping his five year old daughter has any reason not to believe that the man has the incentive to really hurt him, you are really nuts. Remember, this guy was alone when he found this happening. If he didn't attack immediately with sufficient force to put the perp down he was in deep trouble, and his daughter was in even deeper trouble.
The moment the father found this guy in the act, he had to go in with sufficient force to end the other guy's ability to hurt. In the emotional circumstances, expecting the man to be all cool, calm and professional about it would be entirely unrealistic. The only rational thing to do was to jump the perp with extreme force.
This was really an accidental death. But there is in all self-defense law also a category often called "excusable manslaughter", in which death is not intentional but as a byproduct of a legal defense of oneself or another and it is not punished. All the elements of to establish that are present here, including the 911 calls in which he appears to be trying to save the guys life. After the danger passed, it establishes that the intent was to defend, not execute.
It would be entirely different if the guy had wandered out there with four buddies, who could have jumped and restrained the man. That did not happen.