Really? This Qualifies For "Stand Your Ground"

DaleM

ATACMS changing the game!
Established Member
SVTP OG 4 Life
Joined
Dec 27, 2002
Messages
23,811
Location
FlahDah man.
My problem with this is the guy initiated the whole problem by trying to mitigate a parking situation.

Set aside his prior history causing troubles with that, in the vid after the body check it’s hard to see where his life is in danger. Sure pull the gun, but no need to fire if the said attacker hasn’t advanced.
Because I am a conceal carry guy, I avoid trouble. This guy seems to have worn his anger in his holster. It will be a tough row to hoe in Florida. The assault is likely enough to support his defense. Juries are hard to predict.
 

SolarYellow

Sensei
Established Member
Premium Member
Joined
Jun 11, 2005
Messages
9,648
Location
Scranton, PA
I'd have empathy for the dead if the shooter was threatening to KILL or harm the driver.

My problem with this is the guy initiated the whole problem by trying to mitigate a parking situation.

Set aside his prior history causing troubles with that, in the vid after the body check it’s hard to see where his life is in danger. Sure pull the gun, but no need to fire if the said attacker hasn’t advanced.

As a citizen, do we not have the right to speak? In other words, wasn't he within his rights to speak and voice his displeasure to someone who was in a parking spot? Was the decedent within his rights to forcibly shove a man to the ground because said man was opening his mouth about a parking situation? Someone moving slightly back is no longer a threat?
 
Last edited:

Snake Pliskin

Teen Idol
Established Member
Joined
Apr 7, 2005
Messages
1,737
Location
Greenville,SC
I'd have empathy for the dead if the shooter


As a citizen, do we not have the right to speak? In other words, wasn't he within his rights to speak and voice his displeasure to someone who was in a parking spot? Was the decedent within his rights to forcibly shove a man to the ground because said man was opening his mouth about a parking situation? Someone moving slightly back is no longer a threat?

He didn't move till he saw the dude had a gun. No gun = totally different attitude.
 

DaleM

ATACMS changing the game!
Established Member
SVTP OG 4 Life
Joined
Dec 27, 2002
Messages
23,811
Location
FlahDah man.

SolarYellow

Sensei
Established Member
Premium Member
Joined
Jun 11, 2005
Messages
9,648
Location
Scranton, PA
I hope no one here ever has to point a firearm at someone because they felt in danger because god damn it is scary when you do it and it must be amplified infinitly when you actually pull the trigger. That man was violently pushed to the ground and who is to say how the impact effected him in terms of pain and what not and for all we know he could have been slightly concussed or who knows what. The way in which he was shoved was clear to me the intent was to harm him. I won't engage in the murder, manslaughter, etc.., because I am not an attorney but as a human being I understand the ways in which people view something as a threat varies from person to person.
 

ashleyroachclip

Well-Known Member
Established Member
Joined
Jan 25, 2007
Messages
2,189
Location
Oregon
In Oregon , stand your ground works , until you shoot someone in the back ....just saying .
There is no threat when the perp is walking away .
 

Sinister04L

RIP Kane
Established Member
Joined
Feb 24, 2003
Messages
30,024
Location
Houston, TX
The more I look at it... The shooter had the opportunity to retreat prior to using his gun. Looks to be manslaughter at a minimum....I’m not an attorney, but I did stay at a Holiday Inn Express.


Sent from my iPhone using Tapatalk

The Stand Your Ground law means you do not have the duty to retreat.

The shooter was a good two feet from the car pointing his finger and lecturing. The soon-to-be-dead guy just comes up and shoves him to the ground instead of trying to talk it out or just blow the whole thing off and leave. I have no idea why the woman got out of the car except to add fuel to the fire. If dead guy had not touched the shooter and talked it out or just ignored him and got in the car and drove away he'd be alive and well which is why he should not have messed with a stranger over a parking spot.

The dead guy pulled 2 dick moves, parking in a handicapped spot, then escalating a verbal confrontation. If we had just read about this and didn't have video pretty much everyone would probably be on the side of the shooter. With video though I have to say this is manslaughter. He definitely had time to think about what he was doing after he pulled his gun and dead guy no longer posed a threat as he backed away.

This is coming from a staunch supporter of the 2A that has a license to carry and does daily.
 
Last edited:

Ohio Snake

Well-Known Member
Established Member
Joined
Dec 15, 2013
Messages
954
Location
Galena, Ohio
The Stand Your Ground law means you do not have the duty to retreat.



The dead guy pulled 2 dick moves, parking in a handicapped spot, then escalating a verbal confrontation. If we had just read about this and didn't have video pretty much everyone would probably be on the side of the shooter. With video though I have to say this is manslaughter. He definitely had time to think about what he was doing after he pulled his gun and dead guy no longer posed a threat as he backed away.

This is coming from a staunch supporter of the 2A that has I license to carry and does daily.

I understand your point on Stand Your Ground. I think FL is more liberal on the rule than Ohio is. Im certain the gunman would be charged with manslaughter up here because he did not retreat.

The gunman seemed to had the opportunity to retreat, but did not as in Ohio. May be the victim felt his girlfriend was in danger and felt he had to defend her?

Im a CCW person too, but there’s going to be a lot of controversy on this.


Sent from my iPad using Tapatalk
 

strict9

Active Member
Established Member
Joined
Jul 10, 2007
Messages
145
Location
Smyrna, TN
CCW holder is in the wrong plain and simple. Yeah he got pushed...Yes he felt embarrassed, humiliated, and his ego/machismo got in the way of his thinking. The aggressor pushed him down, yes but threw no punches, and backed away afterwards. Yell at my wife like that and you'll get a similar result. Regardless of parking, he was waiting from a normal parking spot to look for people parking in the HC parking.

In my opinion he's just another homer who feels like bigman on campus when carrying. I see them all the time lately.
 

Sinister04L

RIP Kane
Established Member
Joined
Feb 24, 2003
Messages
30,024
Location
Houston, TX
I understand your point on Stand Your Ground. I think FL is more liberal on the rule than Ohio is. Im certain the gunman would be charged with manslaughter up here because he did not retreat.

The gunman seemed to had the opportunity to retreat, but did not as in Ohio. May be the victim felt his girlfriend was in danger and felt he had to defend her?

Im a CCW person too, but there’s going to be a lot of controversy on this.


Sent from my iPad using Tapatalk

Absolutely. I'm not familiar with Ohio's laws but in Florida you don't have a duty to retreat. In TX there is no specific "Stand Your Ground" law but it is effectively there due to the current provisions in the laws.
 

HillbillyHotRod

Hooligan rabble rouser
Established Member
Joined
Jan 9, 2014
Messages
8,422
Location
Ozarks of Arkansas
Every state is different. Here we have the castle doctrine which basically means in your house or vehicle you do not have to retreat. Other then that you have duty to retreat, which means if you can you have to back off. Florida has stand your ground in public areas, but this guy may have pushed past that limit if some prosecutor wants to peruse it.
 

Equalbracket

Well-Known Member
Established Member
Joined
Nov 21, 2007
Messages
1,269
Location
Texas
Watching the entire sequence slowed slowed down IMO it clearly shows a deliberate act once he felt he had the green light. Interesting the level of coverage the media has given this shooting, given the only difference is a CCW involved vs most similar shootings. His actions as a CCW holder are indefensible and inexcusable but it's Florida so who knows. I hear CNN's report is of a black father killed by a Trump supporting CCH deplorable.
 

blk02edge

Well-Known Member
Established Member
Joined
Feb 20, 2008
Messages
8,951
Location
BC
The more I watch and listen to this the more convinced I am that this is justified.

Listen to the press brief. You know the defendants attorney will be using this.

No arrest in Clearwater shooting death; Sheriff says 'Stand your Ground' applies

( Sent from 10 News )
I'd agree if that retarded shooter wasn't out instigating a fight, that alone makes this beyond unjust. As stupid as the dude was to shove him, ending ones life when you are a miserable POS looking for a reason is FAR worse. NOT justified
 

MFE

Well-Known Member
Established Member
Joined
Oct 29, 2005
Messages
2,250
Location
Phoenix
The whole point of so-called "stand your ground" laws is that as a law abiding person in a private or public space, you have every right to be where you are and stay where you are and defend yourself if necessary when confronted by an aggressor. HOWEVER...your protection under the law goes out the window when you've instigated the situation that calls for your defense. This one's tricky because the guy could claim he was in fear for his life (bull shit, but potentially defensible), but he also damn sure put himself smack into the situation. It'll be interesting to see how it plays out.
 

cbj5259

Well-Known Member
Established Member
Joined
Aug 11, 2008
Messages
1,379
Location
PA
"Stand your ground" only works if the attacker is not relenting. It is meant to stop further aggression, not to conduct a summary execution. In this case the attacker clearly changes course after the firearm is displayed and begins to retreat, therefore the "ground" has been won and the attacker thwarted. Everything that comes after that moment is a crime in my opinion.

Sent from my SM-N950U using Tapatalk
 

Equalbracket

Well-Known Member
Established Member
Joined
Nov 21, 2007
Messages
1,269
Location
Texas
What could be to blame is this gentleman's extensive training, ingrained in his mind how he should never pull unless he plans to fire. Actually, if Trump wasn't in office that store would have enough money for multiple handicap spots, thus allowing both statistics to have one.
 

VNOMIS

Yeah, I said it
Established Member
Joined
Nov 25, 2005
Messages
5,888
Location
In your bushes
It wasn't just a "push", he knocked the guy to the ground. If I thought the kicks were inbound, I wouldn't hesitate to shoot the guy. The guy on the ground with the guy standing over him is why the prosecutor declined to prosecute, it would be impossibly to prove the guy wasn't fearful for his life. I think the fact that he only fired a single round also played a factor.

Understand, I think the guy should have pulled his gun to see if that was enough to get the guy to back off, but then again, I wasn't on the ground looking up.
You must be older and a push to the ground would incapacitate you. Because you can block or deflect a kick. Idk what happened to the days of whipping somebody's ass or taking an ass whooping and moving about your day, without supposedly "fearing for your life" like you're some kind of snowflake and shooting someone but it needs to make a comeback.
 

Users who are viewing this thread



Top