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Gunman in parking space shooting not charged because of 'Stand Your Ground' law Login/Join 
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If it was a handicap spot , she chose to call attention to herself AND her "Car full of kids"
by parking where she shouldn't.

both adults, with the car full of kids had the ability to say , gee maybe we shouldn't park here.

She could have avoided a nut case, by rolling up the window, and parking else where.

the shooter could have phoned the non emergency number to report the bad parking.

the dead guy could have told his wife to move the car.

the dead guy could have phoned the 9-1-1 and reported the idiot yelling guy.

the dead guy could have just got in the car and all drive away.

We will be hearing much more about this shooter in the future , I am sure.

would be interested in hearing how much Mr. instigator has to pay out of pocket for his mis-guided intentions.

side bar:
last month I went to a b-day party for franny , at a church.

there was a fella that backed in to a handicapped spot, there were 8 spots ,way out to park ,

I mentioned to him as he walked by that it was a handicapped spot and that I did not want him to get a $250.00 ticket.

he turned around and said " Oh geez ! thanks" and he moved his car.

He could have flipped me off, but I presented it like I was doing him a favor.





Safety, Situational Awareness and proficiency.



Neck Ties, Hats and ammo brass, Never ,ever touch'em w/o asking first
 
Posts: 54644 | Location: Henry County , Il | Registered: February 10, 2004Reply With QuoteReport This Post
Just because you can,
doesn't mean you should
posted Hide Post
Careful bendable, you're making too much sense out of this.
As you're pointing out, it required stupidity from all parties to make this happen. I doubt we've heard the last of it.


___________________________
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Posts: 9516 | Location: NE GA | Registered: August 22, 2002Reply With QuoteReport This Post
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quote:
Originally posted by Sigmund:
The Sheriff got what he wanted, this incident has gone national. Naturally, the ComPost has added their own blatantly anti-gun spin.

https://www.washingtonpost.com...m_term=.bfb489d87eb4

Whata biased joke of an article that is. Makes the "victim" sound like a saint.
 
Posts: 2485 | Location: WI | Registered: December 29, 2012Reply With QuoteReport This Post
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Picture of TigerDore
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Plenty of fault here:

-The couple were total jerks to park in a handicap spot, but no one deserved a death sentence for that.

-The girlfriend was dead wrong, literally, for getting out of the car to argue with the parking lot monitor. Both were hotheads.

-I actually blame the boyfriend the least in this conflict. He walked up to situation with an unknown hothead in his hothead girlfriend's face. He used force to back the guy down, quickly. Maybe he overreacted, maybe he could have talked the guy down, but how was he to know?

Once he began to retreat, it doesn't look like he should have been shot, based on the video, but we don't know what he was saying to the shooter. Maybe he said he was going to get his own gun? I don't know.

This is a lot like the Trayvon Martin/George Zimmerman case: hotheaded punks clashed and tragedy ensued.



.
 
Posts: 8623 | Registered: September 26, 2013Reply With QuoteReport This Post
Go ahead punk, make my day
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quote:
Maybe he overreacted, maybe he could have talked the guy down, but how was he to know?

If blindsiding someone and pushing them so hard they fly to the ground isn't over-reacting, I don't know what is.

If he had approached and said "WTF is going on here" instead of launching the Parking Lot Nanny into low earth orbit, he'd likely be alive today.

Not siding with the Nanny, but he and the wife were just talking - no contact had been made by either until hot head boyfriend attacked - and yes it was an attack.
 
Posts: 45798 | Registered: July 12, 2008Reply With QuoteReport This Post
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Does race have to be a factor in everything now? It seems since the Obama election that race relations have been moved back 50 years.

For the record, I think the shooter should stand trial. Even if a push to the ground could have been fatal, that was water under the bridge by the time of the shoot. The boyfriend was retreating by the time of the shoot. I wish the collective “we” as a nation could just look at the facts and not have a race riot over everything.

As a gun owner, this is the type of incident I hate to see.



Demand not that events should happen as you wish; but wish them to happen as they do happen, and you will go on well. -Epictetus
 
Posts: 8220 | Location: Utah | Registered: December 18, 2008Reply With QuoteReport This Post
Go ahead punk, make my day
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quote:
Originally posted by sigcrazy7:
Even if a push to the ground could have been fatal, that was water under the bridge by the time of the shoot. The boyfriend was retreating by the time of the shoot.
Maybe, but we don't know what he was saying at the time and he hardly retreated, he started to turn away but likely that wasn't even perceived by the shooter due to adrenaline after being attacked.
 
Posts: 45798 | Registered: July 12, 2008Reply With QuoteReport This Post
Scientific Beer Geek
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This case is a sad but excellent reminder that when we choose to carry for protection, we must hold ourselves to highest standards of polite behavior. Not because we approve of a-holes but because getting bent out of shape over every stupid thing people do can result in terrible consequences.

Just my $0.02,

Mike


__________________________

"Beer is living proof that God loves us and wants to see us happy." - Benjamin Franklin
 
Posts: 2079 | Location: Philadelphia Suburbs | Registered: August 02, 2005Reply With QuoteReport This Post
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Picture of TigerDore
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quote:
Originally posted by RHINOWSO:
quote:
Maybe he overreacted, maybe he could have talked the guy down, but how was he to know?

If blindsiding someone and pushing them so hard they fly to the ground isn't over-reacting, I don't know what is.

If he had approached and said "WTF is going on here" instead of launching the Parking Lot Nanny into low earth orbit, he'd likely be alive today.

Not siding with the Nanny, but he and the wife were just talking - no contact had been made by either until hot head boyfriend attacked - and yes it was an attack.

Perhaps you are right; we are both looking at the same video and seeing things a bit differently.

Like you, I am taking no sides here. I think we agree that short-fuses and arrogance(one party thinking they can park in handicap and the other thinking he was supposed to police the offenders) caused this situation to end in tragedy. I don't think there are clean hands in any of this. I still think it would be interesting to know what the boyfriend said, if anything, during his apparent retreat.



.
 
Posts: 8623 | Registered: September 26, 2013Reply With QuoteReport This Post
Go ahead punk, make my day
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^^^^^^
Agreed. Nothing good happens when two assholes cross paths.

I avoid conversation / confrontation while out in public for trivial things - it simply isn't worth it, even if you are 'in the right'.

I'll bitch to myself about the way people drive / park / act but once outside in the parking lot it's business time of getting where I'm going / watching my family - kids to ensure we don't get run over by self-engrossed idiots or accosted by the dregs of society.
 
Posts: 45798 | Registered: July 12, 2008Reply With QuoteReport This Post
Frangas non Flectes
Picture of P220 Smudge
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This shooting keeps bringing back this one to mind:
http://www.nydailynews.com/new...g-article-1.2985601#



The movie theater shooting with the retired police chief that pushed the issue about the guy using his cell phone, and the cell phone guy throwing popcorn in his face, then getting immediately shot for it. When this one happened, we discussed it here and the conclusion was much the same. Two grown men acting like chest-thumping assholes forcing a confrontation. BUT! It was two white guys. Swap out a black man for the popcorn thrower and we get to burn cities down!


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Carthago delenda est
 
Posts: 17134 | Location: Sonoran Desert | Registered: February 10, 2011Reply With QuoteReport This Post
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Picture of HayesGreener
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quote:
Originally posted by tatortodd:
I don't see how Drejka has a stand your ground defense between his history of starting fights over that very parking spot, McGlockton retreating after gun drawn, and the text of the Florida "Stand Your Ground" Law which doesn't include parking lots/spots:
quote:
776.013 Home protection; use or threatened use of deadly force; presumption of fear of death or great bodily harm.—
(1) A person who is in a dwelling or residence in which the person has a right to be has no duty to retreat and has the right to stand his or her ground and use or threaten to use:
(a) Nondeadly force against another when and to the extent that the person reasonably believes that such conduct is necessary to defend himself or herself or another against the other’s imminent use of unlawful force; or
(b) Deadly force if he or she reasonably believes that using or threatening to use such force is necessary to prevent imminent death or great bodily harm to himself or herself or another or to prevent the imminent commission of a forcible felony.
(2) A person is presumed to have held a reasonable fear of imminent peril of death or great bodily harm to himself or herself or another when using or threatening to use defensive force that is intended or likely to cause death or great bodily harm to another if:
(a) The person against whom the defensive force was used or threatened was in the process of unlawfully and forcefully entering, or had unlawfully and forcibly entered, a dwelling, residence, or occupied vehicle, or if that person had removed or was attempting to remove another against that person’s will from the dwelling, residence, or occupied vehicle; and
(b) The person who uses or threatens to use defensive force knew or had reason to believe that an unlawful and forcible entry or unlawful and forcible act was occurring or had occurred.
(3) The presumption set forth in subsection (2) does not apply if:
(a) The person against whom the defensive force is used or threatened has the right to be in or is a lawful resident of the dwelling, residence, or vehicle, such as an owner, lessee, or titleholder, and there is not an injunction for protection from domestic violence or a written pretrial supervision order of no contact against that person; or
(b) The person or persons sought to be removed is a child or grandchild, or is otherwise in the lawful custody or under the lawful guardianship of, the person against whom the defensive force is used or threatened; or
(c) The person who uses or threatens to use defensive force is engaged in a criminal activity or is using the dwelling, residence, or occupied vehicle to further a criminal activity; or
(d) The person against whom the defensive force is used or threatened is a law enforcement officer, as defined in s. 943.10(14), who enters or attempts to enter a dwelling, residence, or vehicle in the performance of his or her official duties and the officer identified himself or herself in accordance with any applicable law or the person using or threatening to use force knew or reasonably should have known that the person entering or attempting to enter was a law enforcement officer.
(4) A person who unlawfully and by force enters or attempts to enter a person’s dwelling, residence, or occupied vehicle is presumed to be doing so with the intent to commit an unlawful act involving force or violence.
(5) As used in this section, the term:
(a) “Dwelling” means a building or conveyance of any kind, including any attached porch, whether the building or conveyance is temporary or permanent, mobile or immobile, which has a roof over it, including a tent, and is designed to be occupied by people lodging therein at night.
(b) “Residence” means a dwelling in which a person resides either temporarily or permanently or is visiting as an invited guest.
(c) “Vehicle” means a conveyance of any kind, whether or not motorized, which is designed to transport people or property.
History.—s. 1, ch. 2005-27; s. 4, ch. 2014-195; s. 1, ch. 2017-77.


Wrong statute. Look at 776.012. Stand your ground just says you don't have to retreat, it says nothing about justification for use of force. The media has tried to make stand your ground something it is not.

776.032 is the operative statute here with regard to arresting or charging the guy.

"776.032 Immunity from criminal prosecution and civil action for justifiable use or threatened use of force.—
(1) A person who uses or threatens to use force as permitted in s. 776.012, s. 776.013, or s. 776.031 is justified in such conduct and is immune from criminal prosecution and civil action for the use or threatened use of such force by the person, personal representative, or heirs of the person against whom the force was used or threatened, unless the person against whom force was used or threatened is a law enforcement officer, as defined in s. 943.10(14), who was acting in the performance of his or her official duties and the officer identified himself or herself in accordance with any applicable law or the person using or threatening to use force knew or reasonably should have known that the person was a law enforcement officer. As used in this subsection, the term “criminal prosecution” includes arresting, detaining in custody, and charging or prosecuting the defendant.
(2) A law enforcement agency may use standard procedures for investigating the use or threatened use of force as described in subsection (1), but the agency may not arrest the person for using or threatening to use force unless it determines that there is probable cause that the force that was used or threatened was unlawful."


CMSGT USAF (Retired)
Chief of Police (Retired)
 
Posts: 4358 | Location: Florida Panhandle | Registered: September 27, 2009Reply With QuoteReport This Post
Little ray
of sunshine
Picture of jhe888
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There were gross overreactions on all sides.

The video shows it was more than a push. The shooter got knocked down, and hard. The woman in the car also got out of the car as the guy pushed the other guy down. So, absent everything else, it wasn't crazy to pull a gun.

But there was everything else, and I suspect the shooter is going to end up in a lot of trouble. And seems to deserve it.




The fish is mute, expressionless. The fish doesn't think because the fish knows everything.
 
Posts: 53122 | Location: Texas | Registered: February 10, 2004Reply With QuoteReport This Post
Frangas non Flectes
Picture of P220 Smudge
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quote:
Originally posted by jhe888:
The video shows it was more than a push. The shooter got knocked down, and hard. The woman in the car also got out of the car as the guy pushed the other guy down. So, absent everything else, it wasn't crazy to pull a gun.


Watching the video, I honestly don't blame the guy at all for drawing at that point. But he really should have stopped there.


______________________________________________
Carthago delenda est
 
Posts: 17134 | Location: Sonoran Desert | Registered: February 10, 2011Reply With QuoteReport This Post
Conservative Behind
Enemy Lines
Picture of synthplayer
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quote:
Originally posted by TigerDore:
This is a lot like the Trayvon Martin/George Zimmerman case: hotheaded punks clashed and tragedy ensued.


This is NOTHING like the Trayvon Martin case, unless you've fallen for the lies the media made out of the Martin case.

Just in case you have, here is the truth on the matter: link



I found what you said riveting.
 
Posts: 10706 | Location: SF Bay Area | Registered: June 06, 2007Reply With QuoteReport This Post
Ammoholic
posted Hide Post
quote:
Originally posted by P220 Smudge:
quote:
Originally posted by jhe888:
The video shows it was more than a push. The shooter got knocked down, and hard. The woman in the car also got out of the car as the guy pushed the other guy down. So, absent everything else, it wasn't crazy to pull a gun.


Watching the video, I honestly don't blame the guy at all for drawing at that point. But he really should have stopped there.


Yup. I am a firm believer the maxim that “You shouldn’t ever pull a gun unless you are prepared to fire it.” “However, I also believe that you should make every effort to avoid situations where you might have to pull a gun, and if you do have to a gun, for goodness sake, keep your finger off the trigger until/unless your three conditions* are met.”

Three conditions:
1) Target is safe and available,
2) You are legally and morally justified in engaging the target.
3) You have made a conscious decision to fire.

It looks like there was a time when the three conditions were met, but it looks like by the time the shooter had presented his weapon, that moment may have passed. I don’t predict an easy road for the shooter.
 
Posts: 6919 | Location: Lost, but making time. | Registered: February 23, 2011Reply With QuoteReport This Post
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What's that saying?? Discretion and something about valor? Hmmmmm...



"If you’re a leader, you lead the way. Not just on the easy ones; you take the tough ones too…” – MAJ Richard D. Winters (1918-2011), E Company, 2nd Battalion, 506th Parachute Infantry Regiment, 101st Airborne

"Woe to those who call evil good, and good evil... Therefore, as tongues of fire lick up straw and as dry grass sinks down in the flames, so their roots will decay and their flowers blow away like dust; for they have rejected the law of the Lord Almighty and spurned the word of the Holy One of Israel." - Isaiah 5:20,24
 
Posts: 11066 | Location: NW Houston | Registered: April 04, 2012Reply With QuoteReport This Post
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Picture of Rick Lee
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Does FL allow wrongful death/civil suits in cases justifiable use of deadly force? AZ does not. Not saying this was justifiable. But if the sheriff and DA say it is, that would be pretty compelling in a civil case. I'd think the plaintiff would then have to prove the decision to not charge the shooter was politically motivated, in order to get SYG changed. But then that's probably a sovereign immunity issue.
 
Posts: 3540 | Location: Cave Creek, AZ | Registered: October 24, 2005Reply With QuoteReport This Post
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Picture of HayesGreener
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quote:
Originally posted by Rick Lee:
Does FL allow wrongful death/civil suits in cases justifiable use of deadly force? AZ does not. Not saying this was justifiable. But if the sheriff and DA say it is, that would be pretty compelling in a civil case. I'd think the plaintiff would then have to prove the decision to not charge the shooter was politically motivated, in order to get SYG changed. But then that's probably a sovereign immunity issue.


No civil suit if justified. Look at 776.032 posted above


CMSGT USAF (Retired)
Chief of Police (Retired)
 
Posts: 4358 | Location: Florida Panhandle | Registered: September 27, 2009Reply With QuoteReport This Post
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Picture of HayesGreener
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I have seen no mention of whether the man who was shot has a criminal record. The media has studiously avoided mentioning it one way or another. It is obvious from the video, however, that his default response to disagreement was violence. It will be an interesting case as it plays out. The Tampa Bay Times will do their best to foment racial strife over the case.


CMSGT USAF (Retired)
Chief of Police (Retired)
 
Posts: 4358 | Location: Florida Panhandle | Registered: September 27, 2009Reply With QuoteReport This Post
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