Publius1787
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- Jan 11, 2011
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- #201
So, is it stand-your-ground self-defense if the man shoots her?
Why or why not?
No. I don't think you can assume death or great bodily harm when someone sprays you and runs away. Besides, I've tried to shoot with pepper spray in my eyes (training with simunitions in a closed environment for safety reasons) and I sucked at it. Nevertheless, deadly force is authorized for law enforcement, military, and civilian if you are sprayed and the person goes for your gun. If that happens you have the right to assume that they are using their new found advantage not to escape but to kill you with your own currently holstered wepon. Stand your ground likewise does not apply if you have effectively neutralized the threat. In any case, if you have a weapon and you are sprayed it is best to gain positive control of the weapon and push down on the holster so that neither the aggressor can take it and you aren't putting lives in danger by firing blindly. In the case of Zimmerman we know that Trayvon likely threw the first blow because 1) With a gun there is no need to fight & 2) Zimmerman exercised no "standoff" with his weapon leaving him both open for attack and open for having his weapon taken from him. We know this from Zimmerman's wounds and the bullet hole testimony. Thus, the verdict of guilty cannot be achieved with such a vast amount of reasonable doubt.
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