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Old 07-24-2018, 6:48pm   #21
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I have a feeling they will charge him on this one eventually.
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Old 07-24-2018, 6:56pm   #22
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I have a feeling they will charge him on this one eventually.
I read somewhere on Yahoo news that the Sheriff said it is being referred to the state Attorney General who will decide whether to file charges. The elected Sheriff doesn't need the heat from this one either way.
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Old 07-25-2018, 12:34am   #23
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Typical MSM take, "He was gunned down for parking here,"
He was NOT gunned down for parking there, he was gunned
down for attacking a man and knocking him to the ground!
He made himself the deadly threat.

Then the MSM reporter asks the deceased's girlfriend "What did he
take from you?" Typical baited question that opens up a cornucopia of
life's lost possibilities! All to gather sympathy for the asshat who couldn't keep his hands to himself!
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Old 07-25-2018, 6:39am   #24
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So if we carry this inane situation further....

The girlfriend would be justified in shooting the man who was pushed down under the same stand your ground law out of the same fear that she or her children would be shot by him next.

Really surprised that didnt happen anyway.
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Old 07-25-2018, 7:12am   #25
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So if we carry this inane situation further....

The girlfriend would be justified in shooting the man who was pushed down under the same stand your ground law out of the same fear that she or her children would be shot by him next.

Really surprised that didnt happen anyway.
No.

To use self defense statutes, three things need to be present. The attacket needs to have both the ability and the opportunity to cause harm, and the victim has to actually be in jeopardy.

If any one, or more, of those three things are not the case, a person who has used deadly force can't use the self defense statutes as a defense.

For the situation that actually transpired:
1. The attacker had the ability to cause harm to the shooter.
2. He also had the opportunity.
3. The shooter was actually in jeopardy ... because he was actually attacked.
4. The shooter said he was in fear for his life, justifiably so because ALL of the above three conditions were true.


For the situation you just pulled out of your ass:
1. The shooter had the ability. Check.
2. The shooter had the opportunity (he was close enough to shoot). Check.
3. The shooter was not threatening harm to the female or her kids. Therefore, she was not in jeopardy.

4. Therefore, she would not have been able to use the Stand Your Ground defense.
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Old 07-25-2018, 7:21am   #26
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I'd let this go to Grand Jury for one reason. The shooter pulled into the store just to make a scene. It's not the shooter's responsibility to correct the perp's handicap parking violation.
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Old 07-25-2018, 7:30am   #27
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I'd let this go to Grand Jury for one reason. The shooter pulled into the store just to make a scene.
How do you know he didn't pull in to buy a loaf of bread?


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It's not the shooter's responsibility to correct the perp's handicap parking violation.
It also has nothing to do with what happened.

What happened was the dead guy decided to pick a fight with a guy in such a manner that allowed him to use the Stand Your Ground defense to justify the use of deadly force.

The dead guy didn't have to attack him. He could have simply ignored him and driven away.
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Old 07-25-2018, 7:49am   #28
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It's not the shooter's responsibility to correct the perp's handicap parking violation.
Agreed. That being said, the dead guy should have kept his hands to himself.
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Old 07-25-2018, 8:09am   #29
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How do you know he didn't pull in to buy a loaf of bread?
Guy runs straight to the car. One thing about video, it tells the whole tale. If the guy wants to be a handicap spot vigilante, he can do it the right way by becoming an LEO.

Once the situation starts, he has the right to defend himself. No argument there.
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Old 07-25-2018, 8:16am   #30
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Guy runs straight to the car. One thing about video, it tells the whole tale. If the guy wants to be a handicap spot vigilante, he can do it the right way by becoming an LEO.

Once the situation starts, he has the right to defend himself. No argument there.
It really doesn't matter why he was talking to the woman.

At all.

The only thing that matters is that he was unjustifiably attacked, and then he justifiably defended himself.

Dead guy was 100% wrong.

Shooter was justified in doing what he did, because the FL statutes allow him to use SYG as a criminal defense.

Now, if you just don't happen to like the law for whatever reason, well, that's a whole 'Nuther thing.
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Old 07-25-2018, 8:20am   #31
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No.

To use self defense statutes, three things need to be present. The attacket needs to have both the ability and the opportunity to cause harm, and the victim has to actually be in jeopardy.

If any one, or more, of those three things are not the case, a person who has used deadly force can't use the self defense statutes as a defense.

For the situation that actually transpired:
1. The attacker had the ability to cause harm to the shooter.
2. He also had the opportunity.
3. The shooter was actually in jeopardy ... because he was actually attacked.
4. The shooter said he was in fear for his life, justifiably so because ALL of the above three conditions were true.


For the situation you just pulled out of your ass:
1. The shooter had the ability. Check.
2. The shooter had the opportunity (he was close enough to shoot). Check.
3. The shooter was not threatening harm to the female or her kids. Therefore, she was not in jeopardy.

4. Therefore, she would not have been able to use the Stand Your Ground defense.

For the record, I have had no previous communication with you regarding this event.
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Old 07-25-2018, 8:24am   #32
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^^
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Old 07-25-2018, 9:06am   #33
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Moving on, how do you know #3 is a fact.

3. The shooter was not threatening harm to the female or her kids. Therefore, she was not in jeopardy.

Do you have access to an audio version of the available security film?

Do you have the entire security film (specific to - previous to the point it started and ended - as we have seen it)?

So your point to my story line (which I noted as speculation) that you chose to critize in your 'expert opion' with more speculation as a more accurate representation of the know video tape.


CLIFFS: Take a flying leap into a doughnut hole and roll off into the woods.
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Old 07-25-2018, 10:19am   #34
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Moving on, how do you know #3 is a fact.

3. The shooter was not threatening harm to the female or her kids. Therefore, she was not in jeopardy.

Do you have access to an audio version of the available security film?

Do you have the entire security film (specific to - previous to the point it started and ended - as we have seen it)?

So your point to my story line (which I noted as speculation) that you chose to critize in your 'expert opion' with more speculation as a more accurate representation of the know video tape.


CLIFFS: Take a flying leap into a doughnut hole and roll off into the woods.
There was an investigation and he was not arrested.

If he had been threatening her, he would have been arrested for that.

But not for shooting the boyfriend.

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Old 07-25-2018, 10:21am   #35
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Being a former cop, I just have to add that I freaking love doughnuts.
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Old 07-25-2018, 11:15am   #36
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It really doesn't matter why he was talking to the woman.

At all.

The only thing that matters is that he was unjustifiably attacked, and then he justifiably defended himself.

Dead guy was 100% wrong.

Shooter was justified in doing what he did, because the FL statutes allow him to use SYG as a criminal defense.

Now, if you just don't happen to like the law for whatever reason, well, that's a whole 'Nuther thing.
You know, I don’t think I’d have capitalized the N in ‘Nuther.’
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Old 07-25-2018, 12:46pm   #37
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In my humble opinion, it adds that little Sump'm Sump'm.
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Old 07-25-2018, 1:14pm   #38
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Moral of the story: "Play stupid games, win stupid prizes."
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Old 07-25-2018, 1:16pm   #39
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Ok my humble opinion on this after 30 years in Fl law enforcement. What I see on the video is a battery (misd) no weapon was used to strike him down by the B/M. to make it a felony. I did not see the B/M who did the pushing go to attack him again after he was on the ground so far I see no justifiable use of deadly force in fact after the guy on the ground pulled the firearm he actually started to back away.. I don't care who was yelling at who what I am looking at is only the small video posted of the incident. I am not speculating on anything other than what is evidenced on the small clip. Now when it goes to court if he is charged with 2nd degree or manslaughter it is up to him to prove he was in fear of his life etc. The best thing to happen is what is transpiring and let the state attorneys office make the call and I'm willing to bet he is charged because the pencil head state attorneys office does not want the racial heat. This is a fact of life here in the US.

Believe me I wish I could see justification for shooting another thug but I don't see it in this one.
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Old 07-25-2018, 2:05pm   #40
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https://www.corvetteforum.com/forums...post1597666352

Hmmm...Interesting post over in CFOT.
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