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FL: Judge rules; Fists are a Deadly Threat
Gun Watch ^ | 23 January, 2015 | Dean Weingarten

Posted on 01/23/2015 8:19:36 PM PST by marktwain

Jason Kinsey, found justified in self defense shooting.

I have written about the concepts of disparity of force before, and of the fact that a punch to the head is a deadly threat.   Disparity of force can come into play in a number of ways.  The assailant can be much younger, stronger, bigger, faster, there can be multiple assailants, the element of surprise, or, an assailant with known martial arts skills. 

The concept is that the attacker or attackers are a serious threat to a person's life or bodily integrity because of factors that give them unequal power outside of their having a commonly identified deadly weapon, such as a knife, club, or gun.

Known martial arts/fighting skills seem to be one of the deciding factors in this case from Florida.   From the miamiherald.com:

But when Smith felt insulted and began shouting at neighbor Jason Kinsey, the confrontation did not end in fisticuffs. Instead, Kinsey, 20, fatally shot the unarmed teen — claiming he was defending himself against the martial arts expert.

A judge agreed. Miami-Dade Circuit Judge William Thomas last month ruled Kinsey indeed acted in self-defense, saying prosecutors are “discounting the enormity of Smith’s rage and the level of physical skill that Smith possessed as compared to Kinsey.”
Disparity of force has long been upheld by the Florida legal system.  It is a well understood and applied concept in the law.   A case that was pushed to the Third District Court of Appeals is that of Gabriel Mobley, who, with his friend, was attacked by surprise as they sat outside of a restaurant.   The attack was caught by surveillance video.

Gabriel Mobley

The judges on the Third District Court of appeals watched the video as part of the evidence presented.  It was clear that Mobley and friend were attacked by surprise, and that Mobley's friend was seriously injured in the initial attack.  The case was so clear cut that the Court of appeals granted Mobley immunity rather than waste state and local resources on the case.

The Kinsey and Smith case discussed at the start of this article occurred in 2013, but the legal decision finding that Kinsey was justified happened just last week.   Video also exists in this case, showing Smith threatening Kinsey.   Smith was known in the neighborhood as a proficient fighter who studied karate and who taught neighborhood kids how to defend themselves. 

Those who claim that fists are not deadly weapons have not considered the facts or the dynamics of street fights.   There are numerous cases every year where people are killed with one punch to the head.   Here is one example from Washington State.  Even if a person is not killed, serious brain injuries are common.  If a person is knocked unconscious, the victim is left to the mercy of the attacker, who can then kill, mutilate, or otherwise disable the now helpless victim.  To claim that a fistfight is not potential deadly force is simply to show an ignorance of reality.  

If you wish to look at a list of hundreds of people that have died from one punch to the head, you can look at the site created by Steve Kokette of Madison, Wisconsin, onepunchhomicide.com.

There is no need for anyone who wishes to avoid the dangers of hand to hand fighting to submit to a beating, hoping that they will not be hurt severely.  We are not a society that establishes a pecking order based on mutual combat.

One of the fundamental precepts of civil society is the right to be left alone.  When a person attacks another without justification, they forfeit their rights, and sometimes, as in this case, their life.

©2015 by Dean Weingarten: Permission to share is granted when this notice is included.
Link to Gun Watch


TOPICS: Government; Health/Medicine; Politics; Society
KEYWORDS: banglist; disparityofforce; fists; fl; florida
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Fists can be deadly.
1 posted on 01/23/2015 8:19:36 PM PST by marktwain
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To: marktwain

2 posted on 01/23/2015 8:22:04 PM PST by 2ndDivisionVet (The question isn't who is going to let me; it's who is going to stop me.)
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To: marktwain

Concur 100%.

Especially if a person is proficient in martial arts or other fighting styles including boxing.

My general rule is just behave in a civilized and friendly manner towards people.

You never know what kind of mood they are in or what is going on in their life or if someone is just a plain psycho.

You could get into it with someone thinking it won’t amount to more than an argument or possibly even a fist fight, and that person could just pull out a weapon and kill you.

Right or wrong, whether or not that person is arrested, tried and convicted or not, you’re still dead.

Not worth it.

Do whatever it takes to de-escalate any situation. Do not inflame matters. And if you have to defend yourself in a threatening situation, then do it.


3 posted on 01/23/2015 8:32:25 PM PST by chris37 (heartless)
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To: marktwain

They can be and they are. Colt called the weapon he invented an equalizer for good reason.


4 posted on 01/23/2015 8:32:56 PM PST by Vigilanteman (Obama: Fake black man. Fake Messiah. Fake American. How many fakes can you fit in one Zer0?)
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To: 2ndDivisionVet

Love the picture. Describes how the presstitutes portrayed poor little Trayvon to a tee.


5 posted on 01/23/2015 8:36:53 PM PST by 5th MEB (Progressives in the open; --- FIRE FOR EFFECT!!)
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To: marktwain; All
good for him..
law is good/bad, if your 60 and have
some MA experience, hope SA kicks in.

6 posted on 01/23/2015 8:44:24 PM PST by skinkinthegrass ("Bathhouse" E'Bola/0'Boehmer/0'McConnell; all STINK and their best friends are flies. d8^)
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To: marktwain

There’s still some of us in our old age that could leave you with a crowd standing around you as you woke up, if you woke up. Believe it.


7 posted on 01/23/2015 8:54:23 PM PST by OftheOhio (never could dance but always could kata - Romeo company)
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To: 2ndDivisionVet

The Trayvon Martin sucker punch and the Michael Brown attempt to take out a police officer come to mind. The street criminal knows the potential of a unanticipated punch and will try their technique on unsuspecting victims in what is called the “Knockout game.”


8 posted on 01/23/2015 9:16:07 PM PST by jonrick46 (The opium of Communists: other people's money.)
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To: jonrick46

When I’m going out to someplace sketchy I carry a five foot long walking stick with a steel point on the end.


9 posted on 01/23/2015 9:17:36 PM PST by 2ndDivisionVet (The question isn't who is going to let me; it's who is going to stop me.)
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To: jonrick46

Then again, Some of them know we will pop a Charter Arms 44 special in them soon as we look at them and it wont be behinds and elbows trying to egress the situation.


10 posted on 01/23/2015 10:51:32 PM PST by OftheOhio (never could dance but always could kata - Romeo company)
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To: marktwain
There is no need for anyone who wishes to avoid the dangers of hand to hand fighting to submit to a beating, hoping that they will not be hurt severely.

Absolutely correct. This is why George Zimmerman was completely within his rights to shoot Trayvon Martin dead.

Many people are totally ignorant of this long-standing principle regarding self-defense. That is why we heard so many utterly false assertions during the Zimmerman case. It's also why the "stand your ground law" was irrelevant, and why the stupid bitch prosecutor in the case should herself have been tried for malicious prosecution.

If more thugs were aware of the legal facts regarding one's right to self-defense, there would probably be fewer such attacks, and thereby less loss of life due to the victim choosing to defend himself/herself with deadly force.

No victim has to submit to even a single punch. Woe unto the thug who attempts to initiate unlawful force against a fully informed and armed citizen.

11 posted on 01/23/2015 11:05:09 PM PST by sargon
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To: 2ndDivisionVet

They hope to catch you before you have time to react. Their punch comes out of the dark and lands you on the ground with a cracked scull. If you are conscious, you might be able to spear them with your pointed walking stick. If you are blurry eyed, you might miss and have that stick grabbed from you. With your wallet as their goal, that stick gives them extra incentive to use against you. I am sure they know the best place to poke it.

With that thought, Michael Brown had succeeded in jamming Officer Darren Wilson’s gun into his hip. Had that gun gone off, it had a good chance of severing Wilson’s Femoral Artery. Death would occur within one minute if untreated. I wonder if Michael Brown knew this was the place to shoot off Wilson’s gun?


12 posted on 01/24/2015 12:08:04 AM PST by jonrick46 (The opium of Communists: other people's money.)
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To: marktwain

“Unarmed” has become the most misused and overused word in the liberal lexicon.


13 posted on 01/24/2015 1:44:39 AM PST by SWAMPSNIPER (The Second Amendment, a Matter of Fact, Not A Matter of Opinion)
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To: marktwain
The human body can be a deadly weapon - I "toyed" around with an Okinawan hard style for a bit when younger - those proficient could make someone just as dead and just as fast as a .357 to the central chest. I didn't stick around long enough to become proficient/obtain a belt, but I did get some tips on ways to cause damage - I considered it to be a sophisticated form of street fighting; no holds barred and leverage any and all opportunities.

These days, if I came upon a younger me, I would have to shoot to save myself.

14 posted on 01/24/2015 4:27:18 AM PST by trebb (Where in the the hell has my country gone?)
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To: marktwain

Yep, that’s the best defense any one can have. “I’D RATHER BE JUDGED BY 12 THAN BE CARRIED OUT BY 6”. When ever someone is going to beat me up, because he is stronger, or younger, or better trained, I’s also go for my gun.


15 posted on 01/24/2015 4:31:27 AM PST by gingerbread
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To: trebb

Studied under Daniel K. pai in the 1960’s and would not have gone against him with a .44 magnum!


16 posted on 01/24/2015 4:43:16 AM PST by Boomer One ( ToUse)
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To: marktwain
Just last week a friend of mine older brother was stabbed to death, because when he drinks, he becomes a raging dangerous asshat who is proficient in martial arts and is a VERY strong big man...He could very easily kill you with his bare hands...

He got drunk and attacked his neighbor over something stupid...guy stabbed him with a potato peeler...

He is currently out on bail, but probably will get off because there is a long list of police calls to his place when he goes off and drinks...

When the dead guy wasn't drinking, nicest guy in the world, college educated, hard worker...

Very sad...

17 posted on 01/24/2015 4:45:18 AM PST by Popman
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To: marktwain

I’ve posted this before: I’m not obligated to fight anyone.


18 posted on 01/24/2015 5:10:51 AM PST by TalBlack (Evil doesn't have a day job.)
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To: TalBlack
I’ve posted this before: I’m not obligated to fight anyone.

I think George Zimmerman might disagree...

Sometimes not fighting is not an option...

19 posted on 01/24/2015 5:31:40 AM PST by Popman
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To: marktwain

I would add that not just fists can be deadly. Some years ago there was a debate among martial artists as to whether a “heel palm” punch was as effective or more effective in injuring as a fist punch, and far less likely to result in bone damage in the fingers and knuckles, a common complaint.

Eye rakes and pokes can permanently blind.

A karate chop can be devastating if properly used. It can crush a trachea leading to suffocation. It only takes 15 pounds per square inch to break a collarbone. It can fracture ribs.

As can elbow strikes. Properly done, elbows can be used against hard, bony targets or soft targets to devastating effect. There is at least one common technique that will break ribs on both sides of the rib cage.

Knees are a popular weapon in kickboxing and the currently popular MMA fighting, and can be used against a standing or prone target. Which, of course, leads to other kicks.

Front snap kick, front lift kick, front thrust kick, side thrust kick, roundhouse kick, heel thrust kick, heel hook kick, various jumping kicks and leg sweeps that can send an opponent to the ground head first.

Which in turn brings up judo and jiujitsu throws, which unlike in tournaments over mats typically mean uncontrolled body slams against asphalt or concrete, walls or through glass. Broken bones time.

And the upper third of martial arts is often handheld weapons other than guns. So, blunt objects, sharp objects and knife fighting, chains, poles, and the various martial arts weapons. There are also thrown weapons, even as simple as a 2” pebble, when tossed like a baseball can really mess you up.

It is also critical to remember that just because someone is a martial artist, it doesn’t mean they don’t have a gun. Lots of martial artists really like their guns, and know how to use them.


20 posted on 01/24/2015 7:57:09 AM PST by yefragetuwrabrumuy ("Don't compare me to the almighty, compare me to the alternative." -Obama, 09-24-11)
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