quote:

Originally posted by Mars_Attacks:
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.

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 a weapon?

Edit fixed grammar.

quote:

Originally posted by HayesGreener:
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:

Robbery—Strong-arm—Hands, Fists, Feet, Etc.
The category of Robbery—Strong-arm—Hands, Fists, Feet, etc., (3d) includes muggings and similar offenses in which only personal weapons such as hands, arms, feet, fists, and teeth are employed or their use is threatened to deprive the victim of possessions.

In the absence of force or threat of force, as in pocket-picking or purse-snatching, the offense must be classified as larceny-theft rather than robbery. However, if in a purse-snatching or other such crime, force or threat of force is used to overcome the active resistance of the victim, the offense must be classified as strong-arm robbery (3d).

The following scenarios illustrate incidents known to law enforcement that reporting agencies must classify as Robbery—Strong-arm (3d):

10. During a purse-snatching, a thief shoved a woman to the ground and took her purse. The thief escaped.

11. A juvenile was observed by a store security guard concealing compact discs under his shirt. When he was confronted, the youth punched the security guard and fled the store, leaving the compact discs behind.

quote:

Originally posted by c1steve:
The store owner or manager has the authority under Florida shoplifting law to take the thief into custody.

quote:

I agree with HayesGreener. If the suspect pulled the hatchet from his pants and put it into his right hand, the store owner was in danger. He had the right to detain the thief, so he obeyed the law from beginning to end.

quote:

Originally posted by HayesGreener:
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 bigdeal:
And what if the hatchet had a scabbard on it, like so many for sale do? I can't make out in the video if that's the case, but if it is, the hatchet becomes little more than a blunt object.

quote:

Originally posted by Sig209:

quote:

Originally posted by bigdeal:
And what if the hatchet had a scabbard on it, like so many for sale do? I can't make out in the video if that's the case, but if it is, the hatchet becomes little more than a blunt object.

try that with a cop and see what happens

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quote:

Originally posted by c1steve:
The video shows the thief putting an object under his shirt, and inside his belt line. So at some point the thief takes it out and has it in his right hand, probably as he is getting dragged down by the shop keeper.

Therefore he goes from trying to escape to stopping his arrest with a hatchet.

quote:

Originally posted by Balzé Halzé:
My initial reaction after watching the video was it's a bad shoot. No question about it. But after reading some of the comments here and considering other factors such as the law and what constitutes a felonious robbery, I'm no longer sure where I fall in this case. I just don't know.

What I do know is that often facts are rarely as clear as we are made to believe from a newspaper article or news clip, even when there is video evidence.

Hmmm, well, I'll let the DA and the jury decide this one.

quote:

Originally posted by bigdeal:
If precisely what you quoted occurred with a OPD or OCSO officer, and that officer ventilated the suspect twice, I'll lay even odds there would be hell to pay for that officer.

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Originally posted by spunk639:
Where does it say the store owner has a duty to retreat in the FL statute? He’s trying to recover or prevent the theft of his property and the perpetrator moves the hatchet to his right hand from his pants wouldn’t that be seen as a threat of bodily harm?