Posted on 07/30/2018 2:24:36 PM PDT by Fhios
That’s because you’re getting hung up on watching the Husband backing off. The Husband is backing off because a gun is being drawn on him. prior to that but after the |husband shoved the shooter down, he was approaching the shooter with what looked to me like attitude.
It may or may not be valid self-defense. But it’s not a stand your ground case. When the gun came out, the shooter was not able to retreat. He was on his butt. Stand your ground law is about whether you have to retreat until you cannot retreat further before shooting.
When pols call it a stand your ground case is pure anti-gun politics. They want to repeal the law with that label and will call everything stand your ground even when it isn’t.
Baloney. And he did more than point it out with a comment as he walked by. The coward stayed there and started an argument with another man’s wife. A shove to the ground is not deadly force, especially when the dude backs away when a gun comes out. You get your CCW out of a cracker jack box?
At least in my state, you can get a temporary handicapped permit in a day. If someone is living alone and newly disabled, I can understand that it may be difficult logistically to get the permt.. But these two thugs had each other. If one thug had become handicapped, the other thug could have gotten the permit before the disabled thug left the hospital.
No, read what I wrote again. I wasn't saying it's not self-defense. I was saying don't use "stand your ground" to mean "self-defense". That's not what it means.
Had the victim not drawn his weapon, I have no doubt he would have been dead or hospitalized with serious brain and other internal injuries.
“That’s because you’re getting hung up on watching the Husband backing off. The Husband is backing off because a gun is being drawn on him.”
And in that instant, the trigger pulling window closed. It may open again, but it was closed when he shot. He should be charged.
I saw a man initially step back, and then pause and side step. I don’t know what the thug was thinking, but what ran through my mind was, “he’s sizing up the situation and thinking how to regain the initiative to attack the man again.”
And if I were the man on the ground, and that thought ran through my mind, I would have shot the thug.
“Stand your ground” has nothing to do with this incident, despite this sheriff’s irresponsible claims. People seem to believe that “stand your ground” was a much greater change to the law of self defense than it actually was.
The “stand your ground” law did not create a “subjective standard” or in any way change the standard by which the use of deadly force may be justified. The actor still has to have the objectively-reasonable belief that the use of deadly force is necessary to prevent imminent death or serious bodily harm, which is exactly the standard as it existed before the law was passed. “Stand your ground” simply removed the common-law duty to retreat before the use of deadly force.
Here, assuming the attacker was still a threat sufficient to warrant deadly force, the shooter clearly had no reasonable ability to safely retreat after he had been knocked down. The common-law duty to retreat never required one to attempt retreat if it was not reasonably safe to do so, so the result would be no different under pre-”stand your ground” law. If the attacker was NOT still a threat sufficient to warrant deadly force, then deadly force was not justified even under the “stand your ground” law.
Also, if the shooter initially provoked the incident, then he has the duty to retreat even today. The “stand your ground” law does not abrogate the duty to retreat under that scenario.
The amount of misinformation and ignorance surrounding “stand your ground” is troubling, though some could be explained by the fact that the name “stand your ground” is itself misleading.
I still question whether the shooting was justifiable after watching the video, but of course I was not there, have not talked to any witnesses, and do not have all of the facts. That said, I think it is clear from the video that “stand your ground” has no effect on whether this shooting was justifiable, because there was never a moment where he would have been obligated to attempt retreat under the old law.
“And that is what was in the process of happening here until the victim drew his weapon”
And then it stopped when he did. if someone decided to approach at that point, I might see it differently. But he was no longer in a justified zone when his gun coming out stopped the escalation.
You think it’s your job to enforce handicapped spaces?
...
Not advisable in Florida, at a convenience store, in a run down neighborhood. Another person in South Florida was recently knifed to death over a handicap space.
deadly force ping!
I’m with ya. I could have never shoot this guy and kept a good conscious.
Whatever, he didn’t make a now move to attack. And his wife was still there in danger from the gunman. I saw him backoff. Dress it up however you want. It’s a bad shoot, and it hurts our cause.
He broke every rule in the book when armed.
He went out looking for trouble when armed.
Started trouble over a petty misdemeanor.
Broke the long established social rule of arguing with a man’s wife.
Then escalated a misdemeanor battery into deadly force after his drawing the pistol stopped the action.
He’s headed to prison.
This is a simple story of what happens when two assholes cross paths.
I Don’t see how “stand your ground” figures into this. He had no option of “retreating” at that moment.
funny how some alleged conservatives on FR NEVER label the thug that sucker shoved the victim as a coward. Why is that? Why isn’t the guy that blindsided Drejka a coward? or are all blacks victims like the left thinks?
and, you’re delusional if you think a shove can’t kill someone.
Yep. And I’d be amazed if it was over, whether or not charges are filed. If he isn’t charged, he needs to grow a beard and move far away. Definitely out of radius of saturday night angry drunken relative revenge acts.
I agree. If Mr. Drejka hadn’t shot his attacker then he was going to get curbstomped and probably killed by at least three attackers.
“What would most people here do if you walked outside and saw someone arguing with your woman?”
My husband would have told me to “MOVE THE F***ING CAR!!” and then said “Sorry about that!” to Mr. Drjelka.
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