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Judge denies 'stand your ground' defense in movie theater shooting
CNN ^ | 5:24 AM ET, Sat March 11, 2017 | Eric Levenson, Tina Burnside

Posted on 03/11/2017 9:33:51 AM PST by BenLurkin

The case dates to January 2014 when Reeves, then 71, confronted a man in a suburban Tampa movie theater about texting during the previews before a showing of "Lone Survivor." The two argued, and then Reeves walked out of the theater to complain to an employee. When Reeves returned, he and the man, Chad Oulson, began arguing again.

Oulson threw a bag of popcorn at Reeves, according to a criminal complaint, and Reeves then took out his handgun and fired at Oulson, killing him.

Defense attorneys asked the judge to dismiss the murder charge under the "stand your ground" law that allows residents to use deadly force when they fear death or great bodily harm.

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


TOPICS: US: Florida
KEYWORDS: banglist; florida; shooting; standyourground
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To: UCANSEE2

In addition, prosecutors played audio of Reeves talking to detectives shortly after the shooting.

“As soon as I pulled the trigger I said, ‘Oh shoot, that was stupid.’ If I had to do it over again, it would have never happened,” he said.


21 posted on 03/11/2017 10:04:51 AM PST by TexasGator
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To: Valpal1; Texas Eagle
CNN’s details are correct, but the story is twisted so as to blame the SYG law as a cause of this type of incident which is poppycock.

I opined much the same thing in my post #14.

CNN also left out a crucial detail about the defendant.

22 posted on 03/11/2017 10:05:16 AM PST by kiryandil
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To: Texas Eagle

“Probably more to this story than meets the eye. “

Only that Reeves was a retired cop.


23 posted on 03/11/2017 10:05:47 AM PST by TexasGator
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To: KrisKrinkle

Why do you assume there was no proper investigation? There is a video of the incident and it shows no such cellphone assault, only the popcorn.

Angry, like drunk, is not a good mental state in which to make a shoot-don’t shoot decision.


24 posted on 03/11/2017 10:06:48 AM PST by Strac6 ("We sleep safe in our beds only because rough men stand ready to visit violence on the enemy.")
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To: Robert DeLong

[[However, I still think Curtis Reeves is culpable, because he allowed a simple incident, while perhaps annoying, get him aggravated to the point of possible escalation.]]

I don’t- rights stop t the tip of a person’s nose- ie the man throwing something at him crossed the line- we can shout and yell all we want- and it’s legal- (sort of) It’s not illegal to yell at someone- but when assault happens- the situation changes- The popcorn, while not dangerous, crossed the line- then the phone- which could cause injury, even serious injury-

Was Curtis a jerk? Probably- but that doesn’t give someone a right to assault him

Now as for use of deadly force- that’s a separate issue- I didn’t hear courtroom testimony- so it’s hard to determine here on a forum- I’m not sure what stand your ground entails- does the person have to prove they legitimately feared for their life? Someone ‘acting aggressively’ after having already demonstrated that they were trying to do serious bodily injury, by throwing the phone at the defendant’s head- should be construed as a possibly dangerous escalation - should it rise to a level of concern where deadly force is warranted? I dunno- again we don’t know all the details-


25 posted on 03/11/2017 10:07:16 AM PST by Bob434
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To: BenLurkin

Texting...i f’ing hate texting!


26 posted on 03/11/2017 10:08:17 AM PST by Dogbert41 (Jerusalem is the city of The Great King! Forgive my misspelling when on my tablet)
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To: BenLurkin

The arguments between the two men started by Reeves was likely a lot more disruptive to the other patrons than the texting ever was. The old guy should have moved to a different seat. Or if you really are a movie fan, watch at home.


27 posted on 03/11/2017 10:08:24 AM PST by PAR35
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To: Valpal1

Legal point: In Florida, SYG is not a self-defense justification pled at trial. It is a pre-trial motion decided solely by the judge.

Def can still plead self-defense at trial, but doubt it will fly.


28 posted on 03/11/2017 10:13:27 AM PST by Strac6 ("We sleep safe in our beds only because rough men stand ready to visit violence on the enemy.")
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To: Bob434; Robert DeLong
I would submit that an ex-SWAT police captain, who undoubtedly trained in military situations, and had to have the biggest package in the room in a roomful full of testosterone-laden gear queers during his career, should have a greater duty to exhibit restraint than your average retired police officer.

This is much like a professional boxer or martial arts expert having to restrain the weapons of their trade in commerce with ordinary people.

Reeves most obviously did not.

29 posted on 03/11/2017 10:13:29 AM PST by kiryandil
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To: kiryandil

You posted while I was typing. Great minds and all....

I’m sure CNN will circle back to the defendant being a SWAT cop next time they need a hit piece on law enforcement. All the news that fits the narrative, all the time.


30 posted on 03/11/2017 10:14:39 AM PST by Valpal1 (I am enjoying the lamentations of their girly-men on social media.)
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To: BenLurkin

“asked the judge to dismiss”

Key phrase.

This’d be something for a jury to decide.


31 posted on 03/11/2017 10:14:52 AM PST by fruser1
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To: BenLurkin

First off why was he confronting the guy about texting in the first place? Is he that much of a bitch? Can people chew gum around him as well? And second, whether he threw popcorn or a cellphone, you don’t shoot the freakin’ guy. Just showing you have a gun is quite sufficient to end any argument.


32 posted on 03/11/2017 10:15:16 AM PST by GrandJediMasterYoda (Hillary Clinton IS a felon)
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To: BenLurkin

As much as despise idiots who have to play with their i-Toys all the time no matter where they are, this was an overreaction.


33 posted on 03/11/2017 10:16:57 AM PST by LouieFisk
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To: Bob434

SYG only removes the requirement to use all reasonably proper means to retreat. It does not justify the core shooting. The video shows no cellphone. Def in deep Kim Chee.


34 posted on 03/11/2017 10:18:15 AM PST by Strac6 ("We sleep safe in our beds only because rough men stand ready to visit violence on the enemy.")
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To: kiryandil

“law that allows residents to use deadly force when they fear death or great bodily harm.”

The stand your ground law does not just apply to situations where you fear death may happen- but also where ‘great bodily harm’ might occur - Again- we’ don’t know the whole story or testimonies- Like i said the fella had already had a cell phone thrown at his head- likely with a lot of force- and the other fella was clearly enraged-

[[This is much like a professional boxer or martial arts expert having to restrain the weapons of their trade in commerce with ordinary people.]]

xcept in stand your ground cases- I would imagine- I would think that if a boxer was forced to hit a person and it resulted in death- they ocudl argue on the grounds of stand your ground-


35 posted on 03/11/2017 10:19:42 AM PST by Bob434
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To: BenLurkin

I have sort of been following. The victim was being rude and obnoxious and was texting his babysitter. The old vet was being rude and demanding. It escalated but from what I know, the old vet with the gun had no cause to fear for his life. String him up.


36 posted on 03/11/2017 10:22:15 AM PST by Mercat
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To: Strac6

was there video of the whole thing? He had left, then came back and it re escalated- apparently


37 posted on 03/11/2017 10:24:53 AM PST by Bob434
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To: KrisKrinkle

Are you seriously trying to justify this killing?


38 posted on 03/11/2017 10:25:24 AM PST by raybbr (That progressive bumper sticker on your car might just as well say, "Yes, I'm THAT stupid!")
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To: kiryandil
"greater duty to exhibit restraint"... I would expect that this is going to be the main argument by the prosecution. I do wonder now that the SYG motion has been dismissed if they will argue diminished capacity or take a plea deal. I recall their was some chatter about possible early stage dementia. I wonder how the tests came out.
39 posted on 03/11/2017 10:25:48 AM PST by Valpal1 (I am enjoying the lamentations of their girly-men on social media.)
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To: kiryandil

“...I would submit that an ex-SWAT police captain, who undoubtedly trained in military situations, and had to have the biggest package in the room in a roomful full of testosterone-laden gear queers during his career, should have a greater duty to exhibit restraint than your average retired police officer.
This is much like a professional boxer or martial arts expert having to restrain the weapons of their trade in commerce with ordinary people.

Reeves most obviously did not. ...”

True this


40 posted on 03/11/2017 10:26:33 AM PST by vooch
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