i think there's a duty to flee in many states. in some cases i think it may even apply to your own home. i don't know the specific law in NJ or KY and IANAL.

that's probably moot in this case if the guy uses a cane.

Looks like you're right; Kentucky has abolished the duty to retreat and New Jersey has not. I agree with your guess that it's probably moot in this case.

Just because the white guy got him in the throat doesn't mean he was necessarily going for it. I obviously don't know the exact scenario, but from what I am assuming, I don't think I could fault the white man even if he was.

If I was getting beaten by someone I think I'd act in any manner that would stop the attack. I don't think I'd be able to just lay there or try to get away while hoping the guy would only hit me a few times and be done with it. The black guy obviously showed intent to harm. Did he mean to just pop him a few times or did he mean to bash his skull in? If someone was unstable enough to attack me I'd probably assume they were capable of possibly killing me.

What if the black guy had a knife instead? No weapon? A bat? A gun? Is getting beaten with a cane not enough to defend yourself when you can't be sure of your attacker's true intention? In what scenario are you justified in defending yourself with deadly force?

Here's a rewrite of the story that might work for a murder rap:
"White guy" tells the "black guy" to go to hell and "meet me outside." White guy goes outside, followed shortly by black guy. They square off, and white guy begins beating black guy with cane. Black guy disarms white guy and starts giving him some of his own medicine. White guy pulls a knife and stabs black guy. That would fit a manslaughter or homicide charge quite nicely wherever you're at, as it looks like white guy had intent and forethought of deadly violence occurring, and instigated it.

If the story is laid out as OP stated, tho, I could never convict if I were on that jury. If you consider a mandate to flee or cease once you've neutralized a threat, then the "victim" wound up with the "perp's" cane; violence could have surely ceased at that time if the "victim" had walked (or ran) away. Furthermore, violence could've been avoided altogether if the "victim" hadn't followed confronted the "perp" in the valet section.

Kentucky (and Pennsylvania's laws, to a lesser degree) are light years ahead of NJ and NY in allowing law-abiding folks to defend themselves.

Reference this story of a poor guy convicted of homicide in the Bronx after shooting a man attacking his family with a metal baseball bat.

Exactly...

I know details are sketchy, but I'm confused how the above led to the variety of posts about a guy being beaten to death with a cane. There's a big difference between giving someone a knock with a cane and raining repeated blows on him.

Does anyone know for sure what the case is? I tend to question how a guy with a limp could get in close enough to slash someone's throat if he's being beaten with a cane. If he was not being hit at the time of the slash, does that affect things?

I'm trying not to take sides, but I doubt any of us can make "accurate guesses" as to charges and such without a lot more info

Wow. Only one lesson to be taken away from this: Don't play at the Taj.

Elllllllllll Ohhhhhhhhh Ellllllllllllll at the White angst/guilt trippin' in this thread. "What if the half crippled WG asked the able bodied BG for a fight outside?"

Yeah, that seems likely..not really, but in your mind, it allows your argument to have validity. 'Might as well say, "So MLK, was minding his own business in the poker room when Johnny Klan came up and started a ruckus." Vomit. "These guys are racist! But I aint! Look at my post(s). See?" Gawd, how I hate the state of our universities.

It's beyond reason for anyone to believe that being beaten with a cane is not cause for defense with a knife. And, as someone pointed out, it's apparent that few have been in an actual street fight, not including playground fisticuffs. (MMF posers please shut up)

It's called being the "primary aggressor." If BG hadn't gone outside there wouldn't have been a fight. If BG hadn't beat WG with cane he wouldn't have gotten stabbed.

It no wonder our justice/jury system sucks ass.

I'm not sure if a metal detector would help against preventing dagerous canes from being brought into the casino.

Not really, Im a young guy if someone came at me with a bat Id hurt them and protect myself as much as possible and this guy was like 57 I think I read and needed a cane and then got beaten by it? Other guy was taking his chances imo.

the old man's got to defend himself, especially after he's getting beaten with his own cane

QFT.

The bloody guy on the strecher, looks alot like a borgata poker dealer?

With a good attorney this guy will walk. A clear case of self defense.

Case closed. Deal the cards.

"All in all I rather not play with them even though they are stupid and lose all their money. Sometimes though, they just have to be stabbed."

old white guy in handcuffs