Search found 5 matches

by dlh
Tue Aug 14, 2018 2:54 pm
Forum: Gun and/or Self-Defense Related Political Issues
Topic: FL:Stand your ground law under fire for parking space dispute murder
Replies: 204
Views: 53343

Re: FL:Stand your ground law under fire for parking space dispute murder

Not familiar with Florida law. Isn't there a grand jury in any of this? And, of course, I understand a prosecutor can "indict a ham sandwich."
by dlh
Fri Jul 27, 2018 1:06 pm
Forum: Gun and/or Self-Defense Related Political Issues
Topic: FL:Stand your ground law under fire for parking space dispute murder
Replies: 204
Views: 53343

Re: FL:Stand your ground law under fire for parking space dispute murder

Rob72 wrote: Fri Jul 27, 2018 11:32 am
dlh wrote: Fri Jul 27, 2018 9:37 am
mojo84 wrote: Fri Jul 27, 2018 9:28 am The video makes it pretty obvious what happened.
The video is certainly helpful but there is quite a bit we as "arm-chair jurors" do not know.

1) What was said between the shooter and the girlfriend?

2) What was said between the shooter and the boyfriend?

3) How did it feel to get thrown to the hot asphalt in a convenience store parking lot while you are wearing shorts?

4) The skinny shooter looked somewhat frail to me--certainly not a husky football type.

Maybe we will learn more in the coming days---maybe not.
1) Given the outcome of the situation, this is largely irrelevant, if the interaction was more than ~10 seconds.
If the shooter said, "Ma'am, this is a disabled parking spot, would you mind moving your car?", any further words or actions on his part, other than,
"Ok, thank you..." and walking away escalated the situation. If he started with something less cordial, he was seeking a confrontation.

2) Legally, if the shooter intentionally places himself in a situation of conflict, this is (within very limited confines) irrelevant. It is generally
legally insufficient to act solely on the words of another person, in the absence of imminent danger. I.e., even if BF threatened to kill the
shooter, BF is backing up and not obviously trying to get into the car for a weapon, reaching to his waistband, etc.. Had BF continued advancing,
that would be a different situation as well. Bottom line, as LTCs we are responsible for assessing the situation, in the context of being a,
"reasonable person".

3) Probably hurt. If I pee on a light-socket, that will probably hurt too. This is a consequential progression, not a thoroughly unforseen event.
Shooter thought he could utilize verbal command-presence to dominate a woman in a car. He was so focused on the conflict he felt confident and
justified of winning that he neglected to assess for other factors in play. Ask any LE, when you amp-up with commands, you should have
reasonable expectation of physical conflict. Again, if the shooter is/was so completely unaware of violence dynamics that this is not part of his
consciousness, he should not be carrying. Yes, these are Big Boy Rules. The State has authorized him to apply lethal force. Some
actions/behaviors make applying that level of force more a certainty than a possibility brought about by multi-tiered failure to assess risk.

4) Agreed. Which falls under the, "don't let your mouth write checks your butt can't cash," paradigm. Again, this was not an unprovoked assault.
Regardless of her floral, or thorny, personality, the woman is at a distinct disadvantage, seated in the car, not to mention the level of "disrespect"
imparted by the lecture. Street-norms indicate you'll get a butt-whuppin' if you try that too many times. If you're skinny dude, and you start
altercations with Big Dude, and you do so knowing you have lethal force at hand, you are not functioning within the intent of SDA. Again, you
might skate by, but sooner or later...

One of the big messages not to miss in this is the proper and adequate utilization of verbal skills. Out and about, if we feel the need to try and direct others in what we consider appropriate behavior, we need to be able to do so very affably, and in a highly self-effacing fashion. If we are not aware of how others perceive us we may end up in very hot water, through the best of intentions. One might even suggest that helping someone who was disabled with their groceries/other tasks, perhaps even looking for such people and situations, would be a better use of time and energy than "preaching righteousness to the unwashed." But that is an attitude of service, not Authority, and perhaps that is the difference in this situation.

Lastly,

1Peter 3:15-16
But in your hearts sanctify Christ as Lord. Always be prepared to give a defense to everyone who asks you the reason for the hope you possess. But respond with gentleness and respect, keeping a clear conscience, so that those who slander you will be put to shame by your good behavior in Christ.

Whether one is Christian or not, that is excellent advice, and will keep one out of enormous quantities of trouble. ;-)
Regarding 1 and 2...Florida evidence law will govern the admissibility of those statements---they may or may not be relevant and admissible. What if the girlfriend told the shooter, "I just texted my boyfriend and he said he is coming out of the store to beat your ***!"...hmmmm. If I defended the shooter I would certainly want the jury to hear that....

Regarding 3 it is easy to speculate about what we would do or not do if we were, wearing shorts and sandals, thrown onto some hot asphalt and experienced some road rash from a larger man in a convenience store parking lot...Until it actually happens we don't know. Yes, most of us would not put ourselves in that position to begin with---I understand that too.

This is an ambiguous event and in my opinion different juries would reach different results. The Sheriff looked at it after interviewing all the witnesses (something we have not done) and decided not to pursue it on his end. That leaves a state or district attorney to decide whether to pursue a "ham sandwich case." Stay tuned.
by dlh
Fri Jul 27, 2018 9:37 am
Forum: Gun and/or Self-Defense Related Political Issues
Topic: FL:Stand your ground law under fire for parking space dispute murder
Replies: 204
Views: 53343

Re: FL:Stand your ground law under fire for parking space dispute murder

mojo84 wrote: Fri Jul 27, 2018 9:28 am The video makes it pretty obvious what happened.
The video is certainly helpful but there is quite a bit we as "arm-chair jurors" do not know. What was said between the shooter and the girlfriend? What was said between the shooter and the boyfriend? How did it feel to get thrown to the hot asphalt in a convenience store parking lot while you are wearing shorts? The skinny shooter looked somewhat frail to me--certainly not a husky football type.

Maybe we will learn more in the coming days---maybe not.
by dlh
Wed Jul 25, 2018 2:32 pm
Forum: Gun and/or Self-Defense Related Political Issues
Topic: FL:Stand your ground law under fire for parking space dispute murder
Replies: 204
Views: 53343

Re: FL:Stand your ground law under fire for parking space dispute murder

All of this stand your ground discussion reminded me of another case I had not heard about in awhile---I call it the "popcorn shooter case."

That case is also a big mess:

http://www.tampabay.com/news/courts/cri ... _168666185

Getting back to the O.P. case, I would add that judges routinely instruct juries that there may be more than one cause of an event---clearly that happened here. Stay tuned to both cases.
by dlh
Mon Jul 23, 2018 10:03 am
Forum: Gun and/or Self-Defense Related Political Issues
Topic: FL:Stand your ground law under fire for parking space dispute murder
Replies: 204
Views: 53343

Re: FL:Stand your ground law under fire for parking space dispute murder

Maxwell wrote: Mon Jul 23, 2018 9:55 am Differences in the responses on different forums are interesting. On one national forum (full of great people IMO) the opinion is heavily weighted towards the stand-your-ground laws and this being a good shoot. On this forum it is weighted much more towards the opinion that the shooter provoked the situation.

Just an observation. YMMV

:tiphat:
Hi, Maxwell. Do you have a link to the national group you mention? I am always trying to learn.
Thanks ahead of time!

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