‘Stand your ground’ law protects shooter in deadly fight over parking space: sheriff

[Glocktogo]

So put the whole handicap illegal parked car and argument aside this guy comes up to the hero and shoved him down then the hero shoots the guy then is it justified?

Not in my mind. Had the person who assaulted me then jumped on top of me and started beating me senseless, hitting my head on the pavement or pulling a weapon? Sure. Just shoving me to the he ground and standing above me is not grounds for deadly force. Again, IMO.

 

[kwaynem]

I been trying to figure out how to post a video off YouTube but can’t figure it out but it’s under active self protection he goes into a lot of depth on the shooting

 

[264killer]

Not in my mind. Had the person who assaulted me then jumped on top of me and started beating me senseless, hitting my head on the pavement or pulling a weapon? Sure. Just shoving me to the he ground and standing above me is not grounds for deadly force. Again, IMO.

Do you know what the guy said just before he got shot?

 

[Buzzgun]

If you watch the whole video, the posture of the shooter did not appear aggressive towards the woman in the car and, since there is no audio, we don't know what was said. Even if he was yelling at the woman, he did not commit a crime. The criminal act was initiated by the dead guy, he instigated the assault.

What we do know is that the dead guy exited the store and assaulted the shooter.......we don't know anything about the physical condition of the shooter prior to the attack or what the dead guy said to him after knocking him to the ground. We can't assume the assault was over even though the dead guy took a couple steps back when the gun was pulled, he was certainly still close enough to continue the attack (research the 21 foot rule).

The sheriff obviously has watched the video and knows what the witnesses said.......he also knows more about Florida law than we do. In his judgement, the shooting was justified.

Why people want to assume things they can't know, dismiss what the sheriff said and vilify the shooter is beyond comprehension.

Bottom line, if the dead guy had not assaulted the shooter he would most likely still be alive. He paid a very high price for being stupid.

 

[264killer]

If some one Assaults me then tells me he going to kill me or ETC I damn sure not going to wait he starts in on me.

 

[TerryMiller]

With respect to all here, our discussion has touched on the possibility of a similar action here in Oklahoma and how its laws would be interpreted for such an event. Each and every state probably has different criteria with which the police and DA's must consider when assessing an "incident."

Like Dave has said, I don't know that a like incident in Oklahoma would have the same outcome. If the perpetrator did nothing more than push the older man down, i.e., no threats, no actions for a weapon, no advancement as to cause more harm, then his actions do not rise to the "felony" level as Dave wrote about earlier. This likely would have been viewed as a "misdemeanor" assault, thus NOT arising to a good outcome if the "victim" shot the perpetrator.

 

[deerwhacker444]

Just shoving me to the he ground and standing above me is not grounds for deadly force. Again, IMO.

I'm sure he didn't throw him to the ground then ask him if he wanted a free slurpee from the 7-11..

Some of us are more prone to breakage than others if we get sent to the mat. Just because you wouldn't shoot doesn't mean it isn't appropriate for others.

I'm Fragile..

 

[jakeman]

I been trying to figure out how to post a video off YouTube but can’t figure it out but it’s under active self protection he goes into a lot of depth on the shooting

 

[Glocktogo]

Do you know what the guy said just before he got shot?

Does it matter? Words aren’t lethal. Fists, feet and weapons may be, but he wasn’t getting any of those raining down on him when he shot.

 

[Perplexed]

even though the dead guy took a couple steps back when the gun was pulled, he was certainly still close enough to continue the attack (research the 21 foot rule).

Bottom line, if the dead guy had not assaulted the shooter he would most likely still be alive. He paid a very high price for being stupid.

If I’m not mistaken, the 21-foot rule applies to a holstered firearm. The shooter had his pistol drawn and pointed at the guy he ended up shooting.

Bottom line, the shooter could have said something to the woman in the car, then walked inside to complain instead of continuing to argue with her. Whatever was said was enough to get two people pausing in the video to see what was going on, and someone alerting the store employees. The shooter could simply have walked away - especially since he was armed. As others have said, a person going CC has to mind his or her P’s and Q’s more so than an unarmed person.