Sheriff called parking spot shooting legal under ‘stand your ground’ laws. Prosecutors disagreed.

Discussion in 'United States' started by superbadbrutha, Aug 13, 2018.

  1. Adfundum

    Adfundum Moderator Staff Member Donor

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    Of course they have no such right. At the same time, my guess is you'd be smart enough to understand how unhelpful yelling at people who dump trash would be. If a person didn't realize that confronting litterbugs angrily would result in conflict and likely more trash (as in "you can't tell me what to do") I'd say that person is living in some kind of fantasy. However, if you strapped on you gun and headed out to 'clean up the neighborhood,' I'd say you were looking for a reason to shoot your gun.
     
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  2. vman12

    vman12 Well-Known Member Past Donor

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    Finally some levity in the thread.

    No, it's not clear the fight was over, since he was shot before he could have acted.

    You're confusing the fight being over after he was shot, and assuming he wasn't going to do something else.

    No, but having already been attacked with the guy still within distance of taking action does let us call him an imminent threat. He's past imminent, he's already attacked.
     
  3. vman12

    vman12 Well-Known Member Past Donor

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    Sure. That 4 seconds between the gun coming out and the trigger being pulled is your evidence that it was over.

    The fact is, people who have had weapons drawn on people have had their guns taken away and killed.

    The fact is, this guy has attacked other people in the past that had guns.

    You don't know what he would have done if he hadn't been shot after that 4 seconds.

    Hate to break it to you, but when someone has already attacked you, you're free to retaliate.
     
  4. vman12

    vman12 Well-Known Member Past Donor

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    Oh I never said that at all.

    There were mistakes all around.

    The woman should have never parked there, she should have moved when asked, the guy should have walked away and called the police after she refused, and the dead guy should have come out and defused the situation instead of attacking him.

    All of the people involved in this event were ****ing morons.
     
    Last edited: Aug 29, 2019
  5. vman12

    vman12 Well-Known Member Past Donor

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    And the guy who shot him returned the favor by getting his attention when he shot him.
     
  6. Adfundum

    Adfundum Moderator Staff Member Donor

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    If the person stops, if he's turning away, it's not a threatening action. At that point, "standing his ground" was uncalled for. That's my whole argument--at the moment he was shot, he was not a threat. Besides, we have no way of knowing if the victim would have done anything else. We don't know why the shooter didn't just put up his hands and say "I'm sorry."

    The assumption that the shooting victim intended to do anything else that would be considered a reason to use deadly force against the shooter. If we're going to argue assumptions, the shooter admitted that he had done this sort of thing before and that he prepared for it by arming himself. Parking violations on private property result in fines, not arrests, so why would this guy arm himself and then go on a personal crusade against parking violations?
     
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  7. vman12

    vman12 Well-Known Member Past Donor

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    If someone rapes a woman for four seconds then takes a step back, is he still a threat.

    Standing his ground was his only option in the prone position.

    We don't have to assume that the guy who got shot intended to cause serious bodily injury. He already did it.

    Here's how we know it was self defense:

    After you've already been physically attacked, the attacker must let you know that the assault is over. Signs of submission, words of submission, acts of submission.

    If someone pulled a gun on you after you attacked them, what would be the unconscious acts you would take if you were intent on ending the encounter?

    You would put your hands up, you would say "don't shoot" "I'm sorry" "this is over", etc. You would back up and keep backing up.

    What your feet are doing is irrelevant. From the point of view of the guy with the gun, I can't even see your feet. You're slightly blurry to me because I've got you lined up in the sights. I'm watching your hands and my target (your torso)/face for signs of intent.

    What does a physical attacker do who subconsciously intends to continue the assault? They make no gestures of submission, which are not on the video. They say nothing, which we have testimony that neither said a word to each other.

    This guy intended to beat the guy who shot him to a pulp.
     
    Last edited: Aug 29, 2019
  8. glitch

    glitch Well-Known Member

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    Yep people in very rare cases can die from getting knocked to the ground. Doesn't give you the right to kill the person who pissed you off.
     
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  9. vman12

    vman12 Well-Known Member Past Donor

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    It does actually. Engaging in an attack that could cause serious bodily harm or death gives you the right to use lethal force.
     
  10. Adfundum

    Adfundum Moderator Staff Member Donor

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    He didn't cause serious harm.

    Or maybe waving a white flag? Seriously, you're creating a fictitious narrative based on your own expectations. Why would turning away not be considered an act of submission?

    That's the unanswerable question--I've already addressed this. When it happened to me years ago, I grabbed the barrel of the gun. I had no intention of causing any bodily harm, I just wanted to protect myself. My whole point here is that there are no prescribed actions, not taking a time out to ponder responses. You just react. Only afterwards do you analyze.

    Let me know when it actually happens to you.

    What your feet are doing is completely relevant. If the guy has a gun and is a good five or more feet away while your posture puts you in a position to step away rather than attack, you're more likely to trip over your own feet than launch and attack. If he intended to continue the attack, I'm pretty sure he'd turn towards the guy. I'm also pretty sure that at that distance, facing a gun, charging the shooter would clearly be suicidal. It makes no sense to charge him.
    Maybe the victim did intend to whip the guy's ass, but we can only guess. Still we don't have to guess that he was turning away.
     
  11. Adfundum

    Adfundum Moderator Staff Member Donor

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    And apparently, so can engaging someone in an argument over a parking space. He could have just issued a parking ticket and moved on.
     
  12. vman12

    vman12 Well-Known Member Past Donor

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    No.

    Witnesses testified he never threatened to harm her, and he had no ability to harm her inside a car, and never tried to.

    So I'm afraid not.
     
  13. vman12

    vman12 Well-Known Member Past Donor

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    You don't have to cause harm. It just has to be capable of doing so.

    If someone shoots at you and misses, I guess you can't shoot back until they hit you or something.

    It has happened to me. Course that was in a foreign country and I was using an M16A2 at the time.

    He was turned towards the guy. That's how he got shot in the chest.
     
  14. glitch

    glitch Well-Known Member

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    No it doesn't. You have to in danger to use lethal force, not just pissed off.
     
  15. Adfundum

    Adfundum Moderator Staff Member Donor

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    Doesn't matter if he threatened her or not. He did what he did and that led to a shooting. He had no authority to confront anyone about the parking place. That's the responsibility of the property owner. Yet he chose to confront someone, and that person didn't take it lightly. He should have know better. Or perhaps he did (as he said) which is why he carried.
     
  16. Adfundum

    Adfundum Moderator Staff Member Donor

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    Entry and exit wounds? What were they?
     
  17. vman12

    vman12 Well-Known Member Past Donor

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    Entered under his left nipple. Exit proves nothing, as bullets don't always take a straight path. Ask me how I know.
     
  18. vman12

    vman12 Well-Known Member Past Donor

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    No. A verbal argument between two consenting adults led a third party to illegally assault one of the people in a verbal argument.

    That's what led to the shooting.

    Going with your logic, parking in a handicap spot and refusing to move caused a shooting.

    Yeah. He reportedly carried for 25 years and I'm not aware of him ever actually pulling his gun in an argument.
     
    Last edited: Aug 29, 2019
  19. vman12

    vman12 Well-Known Member Past Donor

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    Ok. If you're ever loading up your car and suddenly someone slams you to the concrete, then steps toward you pulling up their pants, let me know if you felt like you were in danger.
     
    Last edited: Aug 29, 2019
  20. superbadbrutha

    superbadbrutha Banned

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    Ok, but the average person hasn't.
     
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  21. glitch

    glitch Well-Known Member

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    Yeah he was in danger before he got pushed to the ground. Once on the ground I saw no danger, just a pissed off idiot with a gun.
     
  22. vman12

    vman12 Well-Known Member Past Donor

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    If only he had been watching himself be attacked on the store camera he'd have known he'd be fine.

    If you watch the video again, you'll see him walk towards him on the ground.

    The only thing that prevented either a serious beating or his death was the gun.
     
  23. Ddyad

    Ddyad Well-Known Member

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    More people need to start eating venison.
    It is the only thing deer are good for, unless you own a body shop.
     
  24. Ddyad

    Ddyad Well-Known Member

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    IMO, lawyers are far more unethical and incompetent than police officers, and there are limits to any civil immunity, but suing a police officer individually for a tort would be a waste of time. Cops seldom have deep pockets.
     
  25. Ddyad

    Ddyad Well-Known Member

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    Was an angry woman holding the gun?
     

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