This case is rather interesting. Kind of falls on either side of the line depending on the state. I can understand the shooter's frustration and concerns but he should have been more been more restrained in his actions. I'm not sure how the Florida courts will view this, but I'm guessing he'll have some legal troubles.


https://www.foxnews.com/us/flo...eillance-video-shows

Unless there's a whole lot more to this story than what was shown in the video, the commissioner is going to jail for a very, very, long time.

That's gonna be a bad shoot if the video represents the situation accurately.

I'm not seeing a hatchet in the decedent's hands as mentioned in the article. I agree unless there's more to the video/story it's a bad shoot.

Yep he thought it was a good idea to kill the fellow instead of let him get away with disobeying an order.

He's as the Brits would say, "proper fooked"

He'll find that the cost he'll soon bear far outweighs the lifted surplus hatchet.

[QUOTE]Originally posted by bigdeal:
Unless there's a whole lot more to this story than what was shown in the video, the commissioner is going to jail for a very, very, long time.[/QUOTE

My thoughts as well.

I suppose the "HK" sticker next to the door didn't do much to dissuade the before-he-was-dead guy from committing a crime.
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What is in his right hand around 0:18 - 0:19 into video. You can see something come up in the window. Is that a weapon?

Edit fixed grammar.

In the heat of the moment. Looking at the photo before the shots were fired, he has his finger on the trigger. I have to wonder whether it was an unintentional discharge, however he did fire 2 shots. Looking at it from the perspective of as trainer.

The store owner or manager has the authority under Florida shoplifting law to take the thief into custody.

If the guy uses force to commit a theft before, during, and after the theft in Florida, it is a robbery. (Chapter 812) Robbery is a forcible felony in Florida and Chapter 776 permits deadly force to counter the imminent commission of a forcible felony. If it is determined that he was within the parameters of 776, he cannot be arrested or sued in Florida. The prosecutor may see it as an armed robbery since the decedent had armed himself with a hatchet during the theft. The prosecutor may also see this as an unnecessary use of deadly force, but being in Polk County I doubt it. If he ends up being charged I don't think it will get past an immunity hearing, since the prosecutor must prove that he was not in fear or there was not the imminent commission of a forcible felony to prevail. This will be an interesting case to follow as it is right at the edge of the law.

quote:

Originally posted by Jelly:
What is in his right hand around 0:18 - 0:19 into video. You can see something come up in the window. Is that is that a weapon?

It does look like he has something in his right hand, part of which can be seen through the glass.

agree - doesn't look good

but the above info is interesting - he was known to be in possession of the hatchet - a deadly weapon - and clearly is resisting apprehension by the shopkeeper

we definitely get into the weeds of the wording of the state statutes which of course may differ greatly from state to state


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quote:

Originally posted by rusbro:

quote:

Originally posted by Jelly:
What is in his right hand around 0:18 - 0:19 into video. You can see something come up in the window. Is that is that a weapon?

It does look like he has something in his right hand, part of which can be seen through the glass.

Good catch Jelly. Slow the video down and that does indeed appear to be a hatchet. I still think the store owner is likely screwed, but his lawyer will have something to build a defensive use of force case on.

HayesGreener makes some excellent points in his post, but I believe the store owner likely went way beyond his authority under Florida law to take the suspect of the crime into custody, even in Polk county. It will be interesting to see how this plays out.

HayesGreener has posted much better and more detailed analysis of the event than I can come up with.

My thought was that with current laws in many places the store owner would be at significant legal peril. On the other hand, were the laws such that the store owner (and everyone else) knew his biggest risk was an overly enthusiastic pat on the back, we’d probably have a lot less crime.

It sure feels like the criminal justice pendulum has swung to the point that the criminal has more rights than anyone else. Still, that is the world we live in, and it is on us to weigh our potential actions with their likely consequences in that world.

Stick a fork in him.

Hope he has a damn good attorney.

If I was on a jury and seen the video when the hatchet went from down his pants to his right hand I would not convict the store owner. He could have dropped the hatchet. Hatchet in right hand makes me think he is getting ready to use it.

Guy was armed with a hatchet in his right hand. The councilman has that going for him. I don’t see all 12 jurors convicting him.

Tueller drill ...

quote:

Originally posted by Jelly:
If I was on a jury and seen the video when the hatchet went from down his pants to his right hand I would not convict the store owner. He could have dropped the hatchet. Hatchet in right hand makes me think he is getting ready to use it.

But the question will be posed, as well it should be, what if the business owner had simply turned loose of the robbery suspect and remained in the store? We all have a pretty good idea what would have occurred. That's going to be a tough nut for the business owner's attorney to crack.

It was only a shoplifted item, he was in no danger of harm from the man running away.

As much as I hate a thief, if he is retreating, let the police handle it.

He shot him with malice in my opinion.