Cleopatra Nagbe, the mother of Ralph Yarl, a teenager shot after he knocked on the wrong door while trying to pick up his brother, has filed a lawsuit naming the shooter, 85-year-old Andrew Lester, and the homeowner’s association he belonged to, Kansas City CBS affiliate KCTV 5 reported Monday.
It looks like a bad shooting all the way around. Yarl, reported to be “an excellent student and talented musician [who] maintains a stellar GPA while taking mostly college level courses,” appears to have made an honest mistake by going to a house on NE 115 Street instead of 115 NE Terrace. And by his own words in his statement to police, Lester’s paranoid, admittedly race-influenced overreaction appears to merit the felony charges against him and then some.
But the Highland Acres Homes Association? What did – or didn’t – they do?
“Including the homeowner’s association (HOA) in this lawsuit underscores the importance of collective responsibility in safeguarding our communities,” Nagbe says of the complaint filed by (Democrat) attorney Lee Meritt. “Their knowledge of a potentially dangerous individual in the neighborhood without taking adequate precautions is unacceptable. This case is not just about seeking justice for Ralph but about advocating for systemic changes that prioritize the safety and well-being of all children.”
The questions “What knowledge?” and “What precautions?” come to mind. And “What systemic changes”?
The word “collective” gives us a clue as to mindset.
It presupposes such associations have the in-depth personal knowledge of each of their residents, the professional qualifications to assess their behavior, and the legal authority to do anything about conditions that don’t rise to a level of law enforcement or mental health agency intervention.
Per “Everything You Need to Know About Unenforceable HOA Rules and Regulations”:
“The general rule appears to be that, while HOAs have authority to enforce validly enacted restrictions on firearms or other weapons in open areas, courts will not enforce blanket restrictions that completely prohibit gun ownership by residents.”
Except that opinion regarding common areas was written in 2021, before the Supreme Court’s Bruen decision. It’s fair to surmise such restrictions on open areas are not consistent with text, history, and tradition as understood at the time the Constitution was written, debated, and ratified.
Per the complaint against Highland Acres Homes Association, it “committed one or more of the following careless and/or negligent acts and/or omissions thereby breaching its duties in one or more of the following respects”:
- Carelessly and negligently failed to promulgate regulations sufficient to prevent its residents from firing a loaded weapon at a minor;
- Carelessly and negligently failed to inform its residents of its expectations involving the use of firearms on Association grounds, including homes within the boundaries of the Association;
- Carelessly and negligently created and allowed the existence of an atmosphere where Defendant, Andrew Lester, could shoot Plaintiff, P.R.Y., after ringing Defendant, Andrew Lester’s doorbell;
- Carelessly and negligently failed to inform and/or educate Defendant, Andrew Lester, about the dangers of discharging a loaded weapon within the grounds of the Association.
- Carelessly and negligently failed to render aid to Plaintiff, P.R.Y., after he was shot;
- Was otherwise careless and negligent.
In other words, the plaintiffs know they have nothing of merit, so they’re throwing everything against the wall to see if anything sticks. The goal here is to ban guns and dig into deep pockets, the HOA’s and its insurance carrier, and hoping that the expense of prolonged litigation will coerce the defendant into surrendering to extortion with a settlement. And that, in turn, will be used by gun banners everywhere to pull the same thing on other associations, wherever they think they can get away with it.
Sympathy for the victim and his family is appropriate. They didn’t deserve this. But by being part of this action, and by placing blame and demands on anyone but the admitted shooter, they have placed themselves on the side of those whose motives for citizen disarmament are anything but just.
If justice is to be done, the judge will throw out the complaint against the HOA and invoke applicable Missouri law:
“The court must require any party who initiates a frivolous claim, asserts a frivolous defense, files a frivolous motion, or cause proceedings to be had needlessly to pay the opposing party’s costs and reasonable expenses, including reasonable attorney’s fees and compensation.”
Plaintiffs and their self-promoting leftist lawyer have no right to manipulate sympathies and attack the innocent. But with gun grabbers, when is it ever different?
About David Codrea:
David Codrea is the winner of multiple journalist awards for investigating/defending the RKBA and a long-time gun owner rights advocate who defiantly challenges the folly of citizen disarmament. He blogs at “The War on Guns: Notes from the Resistance,” is a regularly featured contributor to Firearms News, and posts on Twitter: @dcodrea and Facebook.
OK – put me on the jury. I’d say that plaintiff’s lawyer must pay legal expenses of the HOA. This lawyer decided to pursue the case, likely on contingency and I consider this frivolous suit to be almost entirely the fault of that lawyer. Besides – the rule of deeper pockets means that lawyer should pay as he undoubtedly has deeper pockets than the plaintiff.
If lawyer cannot cover the expense – put them in bankruptcy and strip their bar membership. Heck – strip their license to practice law regardless of whether they pay.
Looks like the plaintif is under the influence of an unscrupulous lawyer. One who knows this will go nowhere but wants to squeeze every penny they can from their client. There should be legal sanctions on lawers who do this as their legal charade victimizes the client and the defendant.
Even Jesus Christ didn’t have anything good to say about Lawyers!
Although a popular myth, Jesus did not say anything about lawyers because lawyers had not been invented, yet. The enemies of Jesus were the Sadducees and Pharisees. Sadducees were members of a religious party. Pharisees were a religious sect.
See Mark 11:46
Reading from the Disciples Study Bible International Version, there is no Mark chapter 11: verse 46
Reading from the King James Version there is no Mark chapter 11: verse 46.
Correct! Mark 11:39 is the last verse in every bible I have ever seen.
My mistake it’s Luke 11:46
In the NIV version Bible, there are no lawyers mentioned. It refers to ‘Experts in the Law’, which could mean teachers, Pharisees, and certain Saducees. Wild Bill is correct, and to my knowledge, which I know to be insufficient, they, meaning advocates for defendents were not invented yet.
You got that right and it is in red so it is the word of Jesus son of man.
Nope, it is experts in the law because there were no lawyers as we think of that profession in those days. There were no persons that represented accused persons in state sanctioned courts. Israel was a theocracy so they had legal experts but no class of legal representitives. in the early Christian church members passed the word on based on what the disciples said. Then when the disciples and those who passed the word by mouth were dead, the early chruch members realized that the good word should be written down before it was lost entirely. Then the word was… Read more »
I have found the ‘word’ lawyer in MM’s translation. In my KJV given to me by my paternal grandmother in 1953, the word ‘lawyer’ does not appear in his quote of Luke 10:25. The word used is ‘scribes’, which to me are those who wrote the words of the LAW, and were beholden to the Pharisees. I believe as you have stated, that through the centuries words were changed in the translations to ‘update’ God’s Word to the more common uses in the era they were written. Either way, I am sure the original text in Greek is no where… Read more »
No one is sure unless you can read the original text and I am not sure it even exists amongst the original people that wrote it anymore.
You might be interested in “Misquoting Jesus” by B.D.Ehrman. He answers all those questions.
10 bucks on Ebay. I will ask my pastor if he knows of this book and see what he says.
I am suspicious because I don’t know who he is and don’t want just another persons opinion in argument of what the bible says.
If he disagrees with Christ died on the cross to save us of our sins that who soever beleiveith in him shall not perish but have everlasting life, then I don’t want to waste my money or time.
No, no, no. Erhman traces the historic origins of our bible from the eye witnesses, to word of mouth passing forward the gospels, to early Christian amateur scribes, to professional scribes in the Greek, through latin speaking translators, back to the Greek language, to Gutenberg and other printers, up to today’s Bibles.
Excellent detective work.
While the work of the scribes and lawyers overlapped to some degree, (they were both experts in the interpretation of the law) they were distinct from one another to the point that completely different terms were used to describe them. Scribes copied the bible and created new manuscripts from old manuscripts, while lawyers specialized in arguing the law’s interpretation and application in courts.
Modern lawyers do argue the law, but they do it in court. Modern academics argue about the law out of court. The Pharisees and Sadducees argued the law but did not do that in courts. They were not lawyers. They were experts in the law.
I concur.
I am not going to argue God’s word as it is a sin. I provided the verses that mentioned lawyer.
https://www.britannica.com/topic/legal-profession
That was a really interesting article. Thank you for sharing it.
You know, of course, that Luke relied on Mark and many other early Christian scribed writings.
The gospels went from witnesses to word of mouth (after the eye witnesses passed away), then from word of mouth to amiture scribes in the early churches, then to professional scribes, and then (about the time of the Guttenberg press) to kings and popes with agendas.
NKJV
Luke 10 25 And behold, a certain [h]lawyer stood up and tested Him, saying, “Teacher, what shall I do to inherit eternal life?”
KJV Luke 10 25
And, behold, a certain lawyer stood up, and tempted him, saying, Master, what shall I do to inherit eternal life?
I have not researched it fully but this I read about 2 weeks ago in bible study group. Jesus did not say anything about lawyers is correct but lawyers are in the bible.
Does NKJV refer to the new King James Version?
The King James is the first and the NKJ refers to KJ but changes some of the words to make it easier to read changing it from old English like the whosoever, where art thou, and behest and thee to American English. The order in which the sentences are stated is different too. Example: In English, we say, I am going to the store. In other languages other than English they say “to the store I will go”. There are other versions that make it closer to how we speak today, but in those like Good News for Modern Man… Read more »
and though 5 of you down vote me, I will not take the bait. Disorder, mayhem and arguing Gods word will not rule my day.
“There are those among us who feel that life is but a joke” but it’s not if you believe. It is a labor of love.
It is a mistranslation. The acient Hebrews had no lawyers, but the Romans and English did. As you know the KJV came from the latin vulgate.
I would like to see that. Can you tell me where that is located?
“Misquoting Jesus” Ehrman.
I meant in the bible.
Which Bible? There have been various Bibles since the second century. At first the word was passed verbally. essentially playing telephone. And that is where the misquotes began Before the Great Schism, each big city had a Bishop, and each church would gather what gospels of the desciples and letters from Paul as they could and that was their Bible. For example, a church might have the Gospel of Mark and two or three letters of Paul. And the churches used them. As their documents (usually papirus) began wearing out, a member of that church would attempt to make a… Read more »
My county library had this available today, so I downloaded an e-book to read in ‘Libby.’ I’ll start it after I finish my latest, ‘The Great Disappearance’.
It appears that all of us are partially correct. The thing is: I have three different versions of the King James Bible;….. two where the words used are scribes and the other lawyers. It seems that all three are slightly different in places in the New Testament.; the Old not so much. Remember, the King James is the one approved by King James, whom I imagine had his own ideas, being a King of men, but not the King of Men. I would be willing to bet that the men who wrote the King James Version could not read Aramaic… Read more »
Zenas was a Greek, not Hebrew.
Your reply is a lift of Wikipedia, not an authoritative research source. Here this is better:
Smith’s Bible Dictionary
Zenas
a believer, and, as may be inferred from the context, a preacher of the gospel, who is mentioned in (Titus 3:13) in connection with Apollos. He is further described as “the lawyer.” It is impossible to determine whether Zenas was a Roman jurisconsult or a Jewish doctor.
For some reason I can see your reply awaiting approval. I would just like to ask you if this is before or after Paul had his awakening on the road to Damascus?
Paul’s letters to the churches, and Titus, were after his becoming an apostle of Jesus.
Just to put to rest that you were answering me on this one, Bill, I made my question, not to you, but to Ope, who I have noticed has since deleted all his posts on this particular thread. Everything was dropped and it looks like you were awaiting approval, I was then answering you because when Ope dropped the ball it became circular with you. He could have easily just edited his post and left it up so we could see the progression of the thread.
No, I was trying to answer Ope. Oh, I see what happened. Thank you for pointing that out. Sneeky.
I still have another reply to the missing Ope out there. I wonder who that will attach to.
Ok. There will be other discussions.
Hebrews did not have people that represented accused persons. Think about it, when Jesus was on trial did he have a lawyer present? Did any later gospel complain that Jesus had no lawyer at his trial? Did any Jewish Perry Mason step forward to defend him? That is because there were no “lawyers” in those days.
Trials consisted of the accused being questioned by the decision makers, and then rendering a decision.
This whole thing started with a statement that no where in the bible does it say there are lawyers. I have shown different and have plenty more where that came from. If you re-read the last sentence it says what the lawyers of that time in the bible did. It does not say they represented the people it says that they ( lawyers specialized in arguing the law’s interpretation and application in courts).
That is not lawyering. That is academics. The term lawyer crept in as a mistranslation. Experts in the law is what was meant.
WB, I see that Ope deleted his post from yesterday where he said he will leave his posts in the future up, so we all can see the chronology of a given discussion.
I have seen a lot of pictures on the national news and all I can say is I sincerely hope not! I have been praying for those affected by that weather. I have friends in Texas (WB, Ope) and family in Kansas, including a grandaughter. I pray that all are spared from this calamity.
They are in Manhattan. Both are professors of history at Kansas State, one in French history, the other in American History. Both are at the PHD level.
Kansa City is about an hour away to the Northwest.
Yessir Ope!
I am still waiting for the global ice age that was supposed to hit 25 years ago.
Right now, would be a good time for it because Texas summer is about to pounce on us!!
Yes, by the time I read your post my wife had talked to her son. They have closed classes at Kansas State and nearby other schools for the day.
To the east! Kansas is West of Kansas City, except Kansas City Kansas, which is just West of KCMO.
Correct sir. Please excuse an old feeble mind that knew it but couldn’t type it. It’s called aging neurons, LOL
To Wild Bill. I see you deleted your last comment. Good deal, we both have our own opinions and they come from different sources. You stick with the book written by the man you suggested I read and I will stick with what I see in my bible.
Take care.
Music, Did you ask your pastor yesterday about the book WB just finished reading, ‘Misquoting Jesus’?
His comment did not include an answer regarding it.
I don’t think that you are unerstanding. Ehrman is a Dr. of Divinity and a dyed in the wool Christian. He has spent his life reading ancient manuscripts in the original languages to explain how the various differences in Bibles, over the past 1900 years have come to be. Dr Ehrman is not the enemy of Christianity or you. This guy is one of the most learned Christians in the history of Christianity.
It doesn’t matter.
What makes you think that I deleted anything?
Because I received a comment to mine and then when I went to look for it to answer and it was gone.
It doesn’t matter.
While the work of the scribes and lawyers overlapped to some degree, (they were both experts in the interpretation of the law) they were distinct from one another to the point that completely different terms were used to describe them. Scribes copied the bible and created new manuscripts from old manuscripts, while lawyers specialized in arguing the law’s interpretation and application in courts.
The Sadducees and the Pharisees were very legalistic. The Torah was the Law in Israel.
And yet they knew exactly what they were doing and his all powerful father allowed it to happen. What father would willingly allow his son to be tortured and killed in such a manner?
Fathers see their sons and daughters go to war, all the time. Moreover we don’t limit it to sons, only, anymore. In the coming war with China, we will sacrifice our best for the rest of us.
No disrespect but I don’t think LGBTQ solders are representative of our best.
I gave them no consideration.
As it should be, but they exist and are ruining our armed forces and that is the only reason I recognize them. I am old school USMC and we would not put up with or allow that in my corp.
WHY? Because the shedding of Jesus Christ’s blood IS the ONLY REASON People around the world CAN HAVE FORGIVENESS of their sins(wrong doings). For WHOSOEVER Will has been spoken. Salvation IS a GIFT! One only has to ACCEPT IT by FAITH.
One that has a love for his creation and proved it beyond a doubt by committing the ultimate sacrifice.
If you are a father, wouldn’t you rather see yourself die than your daughter or son if you had a choice?
John 3:16, my favorite verse.
Apparently you don’t understand Darkman. That is why God the Father sent his only begotten Son to earth to sacrifice his life for you. You cannot kill God. Jesus lost his earthly battle against the Devil on the cross and now resides in Heaven with his Father til the day of Armageddon.
I am confused by what you said. Jesus lost his earthly battle against the devil on the cross? I don’t understand how Jesus lost against the devil when it was all part of God the fathers commitment and command! When Jesus died, he said “father into your hands I commit my spirit” when he called out to God our father. He didn’t say that to satan because he had won? Sorry, and when satan tempted Christ in the desert, he lost there too. The only way that would make sense to me is if you are substituting the (people) that… Read more »
My bad, wrong choice of ‘word’.
No problem, thanks for the clarification.
Maybe the pronouns make things unclear.
I just finished “Misquoting Jesus” by Dr of Divinity Bart D. Ehrman. That was not one of the things mentioned.
Maybe Jesus said that. “Misquoting Jesus” B. D. Ehrman.
…but they know now and He won’t be as forgiving this time.
That’s what he said as he was dying on the cross for our sins.
I can’t believe that Ammoland has people quoting and debating the bible and it’s versus. What a wonderful thing. I think this is partial proof that we are nearing a holy war. More people are turning to Christ right now than for a long time. I think most folks are tired of what is going on with LGBTQ, CRT, BLM, Antifa and abortion that they are starting to step up. The saying that Christians have been diminishing and being a Christian is less popular over the last 25 years is starting to take a back seat to more people are… Read more »
Gotta tell You MM, that we are approaching the Holiest of Wars. It’s called Armageddon. It won’t happen until seven years after the Rapture and according to most of the Prophetic scholars that I am familiar with, we the United States, will not be involved in it because we will no longer be a factor in the world. The Rapture will come like a thief in the night, with absolutely no warning and it will happen in the wink of an eye, now, a week from now or ten years, or longer. I would like it to be in my… Read more »
Roger that amen.
Homeowners Associations do not have the power to regulate firearms. Nor to they have the power to usurp the US Constitution. I can smell the hands of Benjiman Grump, Al Sharpton, Jesse Jackson, and Cori Bush. The article was dead right about the use of the term “collectivist.” The victim, Ralph Yarl, and his mother, Ms. Nagbe (funny how the don’t have the same last name) are hurting. But they are being victimized again by the race hustlers, who are looking to exploit the situation for their own gains, fiduciary and political. Mr. Yarl and Ms. Nagbe should wait until… Read more »
My brother -in-law and sister-in-law jumped me one night and kept asking me for MY plan to stop mass shootings. After disallowing all my answers concerning legally stopping would be shooters, I was asked about guns in general and did I have a gun. I replied that I had a safe full of guns and then was met with, “You have a gun here?”. “Is that even legal?” ” Who said you could have guns here (in this retirement village)?” I then explained everything and the fact that I had 20 years in the military to include that I had… Read more »
IMOA, Ralph Yarl needs to be found guilty of attempted murder after his trial has concluded. If he were that afraid of someone at his door he should have called LEO instead of shooting through the door blindly. Judge needs to dismiss the charges brought against HOA too.
Homeowners’Associations have NO respinsibility to manage or dictate any of the items listed in this comlaint. HPA’s are restricted to such inanities as to height of law allowed, number of non-functioning cars with their turf, what hours of day/night dogs and cats may be at liberty, (and how many of eich or neither a given home may be permited to have) which paint store will supply the range of allowed colours for the painting of houses…. HOA’s make nasty nannies.. but are not your Mother. How do I know these things? My younger brother made the foolish mistake of buying… Read more »
Of late, lawyers are running the economy. Just came off of a cross country (and return) road trip and I can report that more than half of the signs and billboards were for LAWYERS. I’m sick of them.
Ask the family, if someone speeds through their neighborhood and hits and kills someone should they be liable for the death in their neighborhood?
Well, most of it has worked out for ya. Congratulations are in order.
The ghetto lottery needs to be stopped.
If the HOA loses or if its attorney “settles”, it’s the HOA members (i.e. its residents) who will collectively pay the attorney representing the HOA and judgement/settlement. They’ll all receive a bill for it. Plaintiff is looking for the deep pockets . . . and the HOA members collectively have the deepest pockets he could creatively come up with.
If this HOA got sued for some idiot killing someone, I’ll be homeless. Then…
How exactly is an HOA supposed to render any kind of medical aid to anybody? If anyone had tried to render aid to the victim, they very well may have been named in this garbage lawsuit.
Now there IS one thing for which the HOA might be held to account: seems the young lad’s confusin was finding the correct NUMBER on the house he knocked up, and the same NAME on the street sign, but there were other words as part of the street neme in question. Most areas will require the numbers to be different if on nearby and/or similarly named streets. But I rather suspect this was a decision made at the city level, which usually will designate the house numbers. IF tthe HOA are the source of the house numbers there could be… Read more »
In the Kansas City area, almost all unnamed streets are listed as Street, (something I don’t remember) and Terrace.
OffTopic/
David, What’s with the Ohio AG not joining the other States in the lawsuit challenging the new rule against private sales?