Florida Stand Your Ground Shooting. Prison time or Miller time?

[GrapeApe]

For those who are making the "he took a step back" angle...what if he was taking a step back to kick the guy in the face?

Not arguing right or wrong, but it's something to consider. If you're down on the ground, you don't have the opportunity to flee or escape.

[Traildust]

I wonder if the shooter was drunk or impaired?

He didn't notice the big dude walking up to him knocking him down. Seems pretty clumsy for a 47 year old just saying.

I guess he could be in bad health so hard to see on the video

[Stoof]

This just enforces my belief that most Floridians are nuts.

[Still Hunter]

Jail time..

[TxKronik]

The yeller would not have been yelling, if the shover wasnt breaking the law parking in a handicapped spot. And they could have clearly left the handicapped spot, when they got called out, and were still in the drivers seat of the car in the handicapped spot. Shoving somebody to the ground is not on the same level as any kind of verbal confrontation. Especially if there is a 20 year age difference.

Sitting in the space isn't the same as starting a verbal confrontation that ends in a shooting. But let's get technical then.

The transportation code has deffinations for

Parking - engine off all driver OUTSIDE the vehicle

Standing - engine running or off vehicle in park driver INSIDE

Stopping - engine running vechicle in gear not going anywhere

In that order so if a sign says no stopping its the most restrictive and applies to ones above it. If it says no parking it is the least restrictive and does not apply to standing or stopping.

She wasn't parked in a space she was standing in a space.

Law says you can't PARK in a handicapped space with out a permit so technically no laws broken.

There is a law against inciting a riot which is what happened when the yeller started yelling at the women he incited the boyfriend to violence.

It is not the job of civilians to enforce traffic laws in a parking lot. You can also commit verbal assault its a class C misdemeanor in Texas.

If the yeller had not decided to enter into an altercation with someone else the incident would not have happened making him the one who instigated the event. I believe that should negate the defense to prosecution as stated in .041 (2) of the Florida code. As I said I have made arguments in court to similar facts that where ruled in my favor.

kronik by Diamond

[Ætheling]

There is only one or two things that are clear in that video.

1. He wont be parking in handicapped ever again
2. She will always think twice about doing the same

[TxKronik]

Did you become a criminal defense lawyer after you were a LEO and before you became a Building Inspector/Fire Marshal?

No but I have been on the stand forced to defend my reports and charges I filed against defense lawyers and won. Seems you have no good argument so you attack my credentials to read a code and interpret the English language.

kronik by Diamond

[35remington]

No but I have been on the stand forced to defend my reports and charges I filed against defense lawyers and won. Seems you have no good argument so you attack my credentials to read a code and interpret the English language.

kronik by Diamond

So you were a witness. That's fine. You testified. You didn't argue. And you didn't win. Stay in your lane.

I haven't even looked at what you said about this case yet. If I get time, I will.

[systemnt]

There is only one or two things that are clear in that video.

1. He wont be parking in handicapped ever again
2. She will always think twice about doing the same

3. Homeboy in light color shirt got some mad dash outta the way skills
4. There must be a law that all video cameras used in trying to figure out *** happened have to be the lowest quality and never ever be in color.

[TxKronik]

So you were a witness. That's fine. You testified. You didn't argue. And you didn't win. Stay in your lane.

I haven't even looked at what you said about this case yet. If I get time, I will.

OK to clear it up to everyone the motion that the arrest was unlawfull and charges should be dismissed based on self defense made by the defense where denied by the court because of my testimony. So I think I won because me and the prosecution are on the same side and it was ruled in our favor and the prosecutor didn't testify I did and I defended MY statements in MY report against a defense attorney so yes I won.

My cade history isn't the point of this thread its to give our OPINIONS on the situation and I stated at the beginning mine was an opinion. I feel a qualified opinion but none the leas

kronik by Diamond

[BIGTERRY75]

Don't park in handicap spots.

[batmaninja]

She wasn't parked in a space she was standing in a space.

She was blocking the space, that was designated handicapped. If she wasnt doing that, or elected to move her car, the incident most likely wouldnt have happened. Instead of just moving the car, she reached out to the dead guy, who took a verbal disagreement and made it physical.

If it was a handicapped person that approached her, would it have been any different?

I already looked up the store. It was a handicapped spot. Feel like it is worth mentioning that a gun store is literally across the street.

Senseless shooting none the less, that will not be good for legal gun owners.

[Burntorange Bowhunter]

For those who are making the "he took a step back" angle...what if he was taking a step back to kick the guy in the face?

Not arguing right or wrong, but it's something to consider. If you're down on the ground, you don't have the opportunity to flee or escape.

Have you watched the video?

[TxKronik]

She was blocking the space, that was designated handicapped. If she wasnt doing that, or elected to move her car, the incident most likely wouldnt have happened. Instead of just moving the car, she reached out to the dead guy, who took a verbal disagreement and made it physical.

If it was a handicapped person that approached her, would it have been any different?

I already looked up the store. It was a handicapped spot. Feel like it is worth mentioning that a gun store is literally across the street.

Senseless shooting none the less, that will not be good for legal gun owners.

I agree she should not have been in the space but she did not start an argument and then shoot someone the other guy did. The shover shouldn't have shoved but he did not start the incident either the yeller did.

The law as it was posted states that deadly force is not justified against physical force only deadly force. Being shoved to the ground is not deadly force. If he shoved and then came to stomp his face that would be different.

It also says if the ORIGIONAL aggressor caused the violence towards himself the self defense justification does not apply.

The yeller aggressed on the woman by starting a verbal altercation that led to physical violence against the yeller. The shover as we could tell in the video did not pose a deadly threat in my opinion before the gun was pulled and retreated as far ad I could tell after the gun was displayed. So as the law is written in my opinion the self defense does not apply.


kronik by Diamond

[meltingfeather]

Not a justified killing in my opinion.
Bad news all around.