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Lawyers in Tampa "stand your ground" case argue for dismissal
Tampa Bay Online ^ | 12 April 2012 | Shelly Rossetter

Posted on 04/12/2012 4:33:45 PM PDT by ironman

TAMPA — Trevor Dooley's lawyers say it was an act of self-defense — pulling the trigger kept him alive.

David James was on top of him, hands around Dooley's neck. Dooley couldn't breathe. He tried to warn James by poking him in the leg twice with a handgun.

When it didn't work, Dooley fired.

Lawyers for Dooley, the man accused of killing his Valrico neighbor, submitted their argument Thursday in a motion asking a judge to dismiss the manslaughter charge against him.

Their main defense? Florida's "stand your ground" law.

The law allows a person to use deadly force to save his own life, even if retreat is possible.

The filing comes at a time when national attention is focused on another Florida case in which the "stand your ground" law has been invoked.

(Excerpt) Read more at tampabay.com ...


TOPICS: Crime/Corruption; News/Current Events
KEYWORDS: banglist; fl; florida; rkba; selfdefense; standyourground
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1 posted on 04/12/2012 4:33:50 PM PDT by ironman
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To: ironman

If the guy is sitting on your chest choking you then ‘retreat’ isn’t possible.


2 posted on 04/12/2012 4:37:01 PM PDT by driftdiver (I could eat it raw, but why do that when I have a fire.)
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To: ironman

I remember this case now. The information in this story isn’t consistent with what was released at the time.

Old guy didn’t like the kids playing, went out into the park to tell them, an altercation ensued and he ended up killing a standup guy.


3 posted on 04/12/2012 4:40:31 PM PDT by driftdiver (I could eat it raw, but why do that when I have a fire.)
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To: ironman

This country is really ****** up when a bunch of old geezers in black robes get to decide whether or not it’s okay for you to use a gun to protect yourself from a moron trying to do you bodily harm or even kill you.


4 posted on 04/12/2012 4:42:04 PM PDT by FlingWingFlyer (ObamaCare is like a stool sample. You have to pass it to find out what's in it.)
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To: ironman
Defendant Trevor Dooley


5 posted on 04/12/2012 4:48:10 PM PDT by mac_truck ( Aide toi et dieu t aidera)
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To: driftdiver
There is the other section of code that applies. 776.032 Immunity from criminal prosecution and civil action for justifiable use of force.
6 posted on 04/12/2012 4:51:25 PM PDT by ironman
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To: driftdiver

Exactly. It’s like these people don’t understand basic principles of life.


7 posted on 04/12/2012 4:52:03 PM PDT by Secret Agent Man (I'd like to tell you, but then I'd have to kill you.)
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To: FlingWingFlyer
This country is really ****** up when a bunch of old geezers in black robes get to decide whether or not it’s okay for you to use a gun to protect yourself from a moron trying to do you bodily harm or even kill you.

I think the problem is that the old geezers in black robes keep deciding that when a moron tries to hurt or kill you, you have an obligation to let yourself be hurt or killed.

Interesting legal philosophy - akin to death panels. Only with death panels, the governemtn formally tells you that you have an obligation to die. With street thugs, the government de facto deputizes a moron to kill you, and confirms their deputization of your executioner if you have the arrogance not to let yourself be killed.

8 posted on 04/12/2012 4:52:17 PM PDT by Talisker (He who commands, must obey.)
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To: driftdiver

On top of old guy choking him, is not a definition of a stand-up guy. Or were you saying that part of the story was not reported then?


9 posted on 04/12/2012 4:53:37 PM PDT by Secret Agent Man (I'd like to tell you, but then I'd have to kill you.)
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To: mac_truck

If this guy’s charges get dropped and Zimmerman’s doesn’t.....I’ll going to make some angry posts!


10 posted on 04/12/2012 4:53:41 PM PDT by Terry Mross
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To: ironman

Ok, once I was young, and full of piss and vinegar.

Now I’m old. Some guy, many years my junior, is on my chest choking me, I KNOW I’m not going to make it.

The fool who knew the old guy had a weapon, and attacked him anyway, indicated a disregard for life.

Old guy, you were right.

Young swinging d**ks think that they can impose their will on seniors, just because they are young and strong.

Guess what, the old guy has rights too.

I’m sure this will piss some off, but Oh Well.


11 posted on 04/12/2012 5:20:33 PM PDT by ConradofMontferrat (According to mudslimze, my handle is a Hate Crime. Hope you don't like it.)
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To: driftdiver

If they were on his lawn, then it was justifiable homicide.


12 posted on 04/12/2012 5:24:11 PM PDT by Krankor
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To: Secret Agent Man; Krankor

The story out at the time (as I recall) was the shooting took place in the park. The old guy went out and initiated an argument. He ended up flashing the gun at some point. Basically he was pissed off at the kids playing in the park next to his house.

I don’t remember the choking part as being reported before.


13 posted on 04/12/2012 5:31:58 PM PDT by driftdiver (I could eat it raw, but why do that when I have a fire.)
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To: Secret Agent Man
Quite a bit of the “story” has been left out, here.

I honestly don't know if this man killed in self-defense or not. There is no doubt that he killed the other man.(In front of a group of children)
It sounded like things went to hell very quickly in what started as a minor neighborhood verbal altercation.

I could almost say the same of the Zimmerman case.

14 posted on 04/12/2012 5:32:33 PM PDT by sarasmom ( http://www.youtube.com/watch?feature=player_embedded&v=xZsFe6dM3EY)
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To: Krankor

It wasn’t on his lawn.


15 posted on 04/12/2012 5:38:11 PM PDT by sarasmom ( http://www.youtube.com/watch?feature=player_embedded&v=xZsFe6dM3EY)
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To: driftdiver
Old guy didn’t like the kids playing, went out into the park to tell them, an altercation ensued and he ended up killing a standup guy.

Old black guy, standup White guy.

The pc edited version fails to give the full story. The link below says the black guy brandished his gun which led to the white guy leaping to grab it. Where's Al? Where's Jesse. Where's Angela Corey?

Suspect's release confounds Valrico shooting victim's family

16 posted on 04/12/2012 5:39:59 PM PDT by LoneRangerMassachusetts (The meek shall not inherit the Earth)
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To: LoneRangerMassachusetts

I think we should send this to hannity and drudge


17 posted on 04/12/2012 5:44:49 PM PDT by driftdiver (I could eat it raw, but why do that when I have a fire.)
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To: sarasmom

I think the dead guy tried to disarm the shooter after he brandished the weapon. As I recall from news articles the shooter brandished it and threatened the kids.


18 posted on 04/12/2012 5:50:20 PM PDT by driftdiver (I could eat it raw, but why do that when I have a fire.)
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To: LoneRangerMassachusetts

trust me right here our local channels are trying to spin this zimmerman story so far left it has gone off the deep end.

One channel had a guy saying Sanford needs to move on, Zimmermann should be charged, but then went into a tirade against people having guns.

Now I bet the channel must have asked 20 people before they got this guy saying what they wanted on camera.

We had MARINE SHOT BY A BLACK GUY WE HAD BLACKS SHOT BY BLACKS

Hey Sharpton, obama and you other racist bating pimps where are you now?


19 posted on 04/12/2012 5:53:08 PM PDT by manc (Marriage is between one man and one woman,It's not a conservative view but a true American view)
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To: ironman

Good article.

Stand your ground’ law protects those who go far beyond that point

Since its passage in 2005, the “stand your ground’’ law has protected people who have pursued another, initiated a confrontation and then used deadly force to defend themselves. Citing the law, judges have granted immunity to killers who put themselves in danger, so long as their pursuit was not criminal, so long as the person using force had a right to be there, and so long as he could convince the judge he was in fear of great danger or death.

http://www.tampabay.com/news/publicsafety/article1222930.ece


20 posted on 04/12/2012 6:23:44 PM PDT by ironman
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