Moderator, feel free to delete if not acceptable. How would you act? I'm pretty old and frail. A push like that wouldn't set well with me and would most likely injure me. I would not have argued in the first place but.....
The Tampa Bay Times reported interviewing Rick Kelly, 31, who said that two months ago he was at the store and parked in the same handicapped spot. He said he saw Drejka walking around his vehicle checking to see if he had a permit, which he didn’t.
He said that during the ensuing argument Drejka threatened to shoot him.
Depending on the age and health status if the individual pushed to the ground a shove that violent could fall into Assault with intent to do GBH, so the Stand Your Ground Law does apply. However, in this case we have someone who seems to feel that a permit to carry allows him to enforce Civil Law, which is NOT the case. Instead of initiating a confrontation what he should have done was call the police and ask for a patrol car to be dispatched to that location.
In this case we have a situation where BOTH PARTIES were equally at fault in the results and IMO the State AG should take this into Court and allow a Jury to decide what should be done.
I've stopped counting.
Posts: 5783 | Location: Michigan | Registered: November 07, 2008
Originally posted by Scooter123: Depending on the age and health status if the individual pushed to the ground a shove that violent could fall into Assault with intent to do GBH, so the Stand Your Ground Law does apply.
The law says you take your victim as you find him. Once you take the position of an aggressor and violently shove someone, you've lost all right to claim it wasn't your intent to cause him harm. I know, he was offending you while you and your girlfriend were breaking the law while parking where you shouldn't. So you show him how much of a bad ass actor you are by shoving him on his ass. The guy on the ground elected to end the confrontation just as surely as you did by slamming him to the ground. Both of you did as you pleased. He won, you lost.
Unhappy ammo seeker
Posts: 18394 | Location: Kentucky, USA | Registered: February 25, 2001
