I watched the surveillance video.
A couple of things I noticed.
1. The theater was mostly empty. There were numerous empty seats that the parties coud have moved to, either of them.
2. When the shooting occurred, or just before, the person who was shot had his hand about a foot from the shooters face. This seemed to happen just after the popcorn throwing.
Popcorn throwing, hand near to face and shooting all seemed to happen in 1 or 2 seconds. Very, very fast.
3. The video does not show the person shot. They are out of the frame for most of the time. Only the arm and hand show up, very briefly.
4. The stand your ground hearing depends on a significantly different standard of proof than a self defense trial.
In a self defense trial, the prosecution has to prove that it was *not* self defense beyond a reasonable doubt. It is a much higher standard of proof, and on the opposite side, from a stand your ground hearing. (which is the immunity hearing)
I think the judge made the right call, and it will properly go to trial.
[[I think the judge made the right call, and it will properly go to trial.]]
I do too-
[[In a self defense trial, the prosecution has to prove that it was *not* self defense beyond a reasonable doubt.]]
Which if i recall, was the case in the trayvon case- the defense failed to prove that George wasn’t defending himself justifiably
[[Popcorn throwing, hand near to face and shooting all seemed to happen in 1 or 2 seconds. Very, very fast.]]
That and a few other points you brought out earlier are all going to be key to the case I believe-
[[2. When the shooting occurred, or just before, the person who was shot had his hand about a foot from the shooters face. This seemed to happen just after the popcorn throwing.]]
Which would be considered an aggressive assault in progress if the cop was just sitting in his seat and the other man re-engaged him- if that is the case- then the texter becomes the aggressor- but we’ll have to see what the prosecution brings out about the cops words and actions before that happened- before he went to the manager
It’s an ugly case all the way around- but the facts will bear out the answer in the end likely
It's a self-defense immunity hearing not a stand your ground hearing. I know, there terminology is so misused that even the lawyers and judges are doing. But it's still wrong.
"I think the judge made the right call, and it will properly go to trial."
The end result may be right, but the judge did make basic mistakes on the law and this is subject to appeal.