Justifiable use of deadly force or not?

[Admiral Rockwell Tory]

Justified. If the guy on the ground was in fear of his safety.

So as long as your afraid, your justified in taking another mans life? Taking another mans life is dependent on your emotional state?

That is the law..... you have to be in fear of death or grievious bodily harm..... and since the attacker attacked the guy violently and then kept advancing..... it was on him....not the victim.

You are the only poster on this thread who sees the man advancing. Why is that?

 

[Admiral Rockwell Tory]

Already a thread on this.
The guy was justified but I think he went to far.

It’s not the first time this clown has confronted people at this store, over a parking space. But it will be the last. Knocking someone down who doesn’t see it coming is assault. The victim has no way to know what the perpetrators intentions are beyond having already been assaulted. Clean shoot. And another wannabe bad ass is off the street. Who he died in front of is of little relevance. Who knows? Maybe the 5 year old will learn not to make the same mistake that got his father killed...

Do you know if the attacker has a record...the story, as usual, doesn't say anything but tragic things about the attacker.

To quote Hillary, "What difference does it make?" None of that would be admissible in court.

 

[C_Clayton_Jones]

He was forcibly shoved. The dude went flying.
I wouldnt have shot the dude personally. Once he drew his weapon the guy backed off.
Get the plate number and call the cops.

Agree

But the question is, does a shove justify lethal force if there is no further aggression ?

Both acted poorly

How do you know wether more aggression was coming or not? Ever been kicked in the head when you are on the ground?

How?
Because he was unarmed, because he was five feet away and backing away when he saw a gun, because he shoved the guy away from his girlfriend instead of punching him

Having a gun means might makes right
It SHOULD mean you have to show responsible judgement or pay the consequences

Care to show us where having a CCW gives you special exemption from criminal charges if you misuse your firearm? Based on your logic every police shooting ever should result in the criminal prosecution of every cop who shoots a bad guy.

Sure you want to try and use that particular bit of logic?

Another good point. A license to carry is not a license to kill

No one says it does.

In Florida SYG doctrine doesn’t apply only if one has a license to carry a concealed weapon or firearm.

 

[JoeMoma]

the dude who got trigger happy and murdererd that guy is going away to the slammer. GUARANTEED

Already a thread on this.
The guy was justified but I think he went to far.

It’s not the first time this clown has confronted people at this store, over a parking space. But it will be the last. Knocking someone down who doesn’t see it coming is assault. The victim has no way to know what the perpetrators intentions are beyond having already been assaulted. Clean shoot. And another wannabe bad ass is off the street. Who he died in front of is of little relevance. Who knows? Maybe the 5 year old will learn not to make the same mistake that got his father killed...

Legally yes.
Personally I wouldnt have shot the dude.

LOL. You’d be in prison. Watch the video again and dig deep; you know in your heart of hearts that encounter didn’t warrant the use of deadly force

I think the guy is going to walk.
Not that the guy should have shot him.
When the cops come right out and say they're not going to charge him it's a pretty good indication how the DA will go.

Now that the incident has hit the news, the public outcry may force the DA to bring it to trial. Kind of like Zimmerman.

 

[HereWeGoAgain]

Pretty sure they already said no charges will be filed.

“Pretty sure”?

A Florida man fatally shot another over a parking space — and it was legal. Here’s why.

Gunman in parking space shooting not charged because of 'Stand Your Ground' law

WATCH: Pinellas County Sheriff says no charges for 'Stand Your Ground' shooter

Then you have this one....
Stand Your Ground: Shooter in parking space dispute will not be arrested

We have a serious educational crisis in America. Far too many of you dumbasses cannot read!

"The sheriff announced the case will be sent to the state attorney's office for review."

That is taken directly from your 2nd link:
Gunman in parking space shooting not charged because of 'Stand Your Ground' law

Now, where does that say that he will not stand trial? The police might not have arrested him, but they did not clear him either!

Holy shit!!! Again?
I posted three links saying the sheriff wasnt going to charge the guy and one where I specifically stated that it will be decided by the DA.
Did you even read the whole thread or did you jump in late and start spouting shit?

Guess who files criminal charges dumbass!

My God you are thick! The cops didn't arrest him. That doesn't mean he was cleared of anything.

Who the fuck cares who files them ya tard.
Fact is the cops said they werent and they'd leave to the higher ups to charge him if they wanted to.

 

[JoeMoma]

If you’re attacking me and I pull a gun and you stop, I can’t shoot

Not necessarily.

I just ran this scenario by my dad. He said of course he’d shoot someone who violently threw him to the ground. What more does he need to do to me before I get to shoot?

I think the message behind stand your ground is keep your hands off people

Your Dad! That settles it then. Time to close the thread.

 

[JoeMoma]

That's why your hypothetical blows up in your face! The couple had a kid in the store.

If I had a kid he would have exited the store with me, got in the car and left with us.

It didn't happen the way you say you would have handled it. We all know the situation didn't pan out the way it should have!

 

[bodecea]

Go back to high school. Everyone accused of a critical.e has the right to a jury trial.

You don't even know how wrong you are and are condescending to boot.

Sorry your girl lost.

"Sorry your girl lost." Family attack?

 

[bodecea]

So how many people in the United States have been given the DEATH PENALTY for pushing someone to the ground?

Pushing someone onto the pavement is reasonable belief of great bodily harm.

So if your son pushes another boy onto the ground in the school yard, its ok if the boy pushed to the ground pulls out a gun and shoots him, killing him?

Since when do five year olds pack heat?

 

[Admiral Rockwell Tory]

The fact that the shooter has a possible history of initiating confrontations is bad for him. If that is indeed true, then his shooting of the victim might very well be construed as murder. If the claims are true, then it is clear that he was a co-beligerent. Actions have consequences, and if was regularly spoiling for a fight, then he is in trouble.

Nope its over. No charges.

Why do you keep saying that? It is a bald-faced lie! He was not arrested. That doesn't mean he will not be charged.

 

[Admiral Rockwell Tory]

Bullshit. I’d bet you a million bucks he’s going to prison. I’ll bet a jury will agree too

This is not going to trial

Again, a link was provided to show the case was being referred to the state's attorney. You don;t know that.

What grade were you in when you were drop-kicked out of school?

 

[Admiral Rockwell Tory]

Maybe. The Statute of limitations on Murder is FOREVER. If the AG's office determines at ANY TIME, in the future, that there is probable cause for a murder charge, they can file one.

Already adjudicated by a judge.

I have asked this before and you had an epic fail. Where is your link?

Want to try again?

 

[Admiral Rockwell Tory]

Murder has no Statute of Limitations dude.

This matter is closed by court action and charging would be double jeopardy, um dude.

Wrong. No trial was held, and he was not found not guilty, so no double jeopardy. Where is your link, for about the 4th time being asked?

 

[sealybobo]

If you’re attacking me and I pull a gun and you stop, I can’t shoot

Not necessarily.

I just ran this scenario by my dad. He said of course he’d shoot someone who violently threw him to the ground. What more does he need to do to me before I get to shoot?

I think the message behind stand your ground is keep your hands off people

Did you mention the part to your dad where in the scenario he is in the parking lot screaming at the guys wife when he came out of the store?

Yes. Then he back peddled but still he had no right to escalate from words to physical. Even if someone’s screaming at my wife I don’t have the right to punch the screamer. You ever argue with someone’s mother or wife?

Like I said the lesson should be don’t touch people but some people deserve to be punched. But if they have a gun they might also have the right to strike back the only way they can.

I would find the guy guilty.

 

[sealybobo]

From your link...

This will go to the state attorney. Drejka will not be charged [and] will not be arrested by us," Sheriff Gualtieri said. "The state attorney will review it and either he’ll concur or not. And, if he concurs, then there’ll be no charge. Period. If he doesn’t concur, then he’ll make a determination as to what to do with it. And, if he feels like he can overcome that heavy burden at a Stand Your Ground hearing of proving by clear and convincing evidence that Drejka was not entitled to use force in this circumstance, then that’s the state attorney’s determination to make."

Why do you think I said then you have this one?

Seems the Sheriff has decided not to charge him based on his interpretation of Stand your Ground

The State Attorney May interpret differently and respond to public pressure

While the DA may pursue charges they have to prove the guy wasnt in fear for his life.
Pretty tough case to make.

They can’t prove if he was afraid. Of course he was. But was it justifiable homocide? No.

If you’re attacking me and I pull a gun and you stop, I can’t shoot

The cops think otherwise.
Whether the DA does remains to be seen.

Reminds me of Zimmerman and Trayvon

 

[Admiral Rockwell Tory]

Wrong. If what you claim were true martins killer would have never gone to trial. Same State, same laws apply. Good luck with your interpretation.

No judge ruled against Zimmerman at the SYG hearing. So it went to full trial. Which upheld the SYG defense.

Where is your link for this hearing? You don't have one, do you?

 

[Admiral Rockwell Tory]

It was the same situation. There was no charge originally brought. Then there was because of public outcry.

Zim waived the SYG trail.

This guy did not. So he put on his SYG defense for the judge who dismissed the case

When and where? They did this in a matter of hours?

 

[C_Clayton_Jones]

Only in this initial presentation. He hasn't had a prelim, he hasn't been arrested. Thus your claim of double jeopardy is ridiculous. Like I said before. If the AG's office is able to come up with further evidence that shows this was premeditated they can refile and get the ball rolling again.

You need to stop watching TV criminal shows. They are not accurate.

Not under Florida SYG law.

And not in Florida.

Again, after the Zimmerman debacle, which made State prosecutors look incompetent and ridiculous, criminal charges aren’t going to be brought against a shooter in a self-defense situation unless it’s beyond a doubt clear that the shooter acted unlawfully.

The Sheriff’s Office isn’t charging the shooter, the State will do the same.

 

[Admiral Rockwell Tory]

The cops think otherwise.
Whether the DA does remains to be seen.

Went to SYG hearing. Its done. No DA.

You went to Clearwater FL to attend a hearing that probably has not taken place yet?

Must be some good drugs!

 

[Admiral Rockwell Tory]

What did I say that was different? Are you capable of reading on at least 4th grade level?

There is no leave it to the DA

The links provided say otherwise.

Have a nice day, dumbass!