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(Florida) ‘Stand your ground’ law protects shooter in deadly fight over parking space: sheriff
New York Post ^ | July 20, 2018 | Joshua Rhett Miller

Posted on 07/21/2018 10:33:56 AM PDT by Navy Patriot

An argument over a handicapped parking spot at a convenience store in Florida led to a fatal shooting and the man who pulled the trigger won’t be arrested under the state’s “stand your ground” self-defense law, authorities said.

Pinellas County Sheriff Bob Gualtieri told reporters during a Friday press conference that Thursday’s shooting death of Markeis McGlockton, a 28-year-old father of three, is “within the bookends of stand your ground and within the bookends of force being justified,” the Tampa Bay Times reports.

“I’m not saying I agree with it, but I don’t make that call,” Gualtieri told reporters, adding that his agency will now forward the case to the State Attorney’s Office for a final decision.

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


TOPICS: Culture/Society; News/Current Events
KEYWORDS: banglist; bs; coldblooded; coldbloodedmurder; firearms; florida; murder; rtkba; standyourground
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To: bort

You are really asking for it by making a thoughtful and factual post like that!


61 posted on 07/21/2018 11:54:01 AM PDT by TexasGator (Z1)
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To: Navy Patriot

Certainly looks like a bad shooting to me.


62 posted on 07/21/2018 11:55:50 AM PDT by Timmy
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To: TexasGator

and by the way, it’s not the thug that gets to determine if someone is in fear for their life, it’s the VICTIM (the guy on the ground) that gets to determine that. who cares if markeis hesitated a second, he doesn’t call the shots (no pun intended)


63 posted on 07/21/2018 11:55:50 AM PDT by spacejunkie2001
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To: spacejunkie2001

“they’ve already ruled he acted under SYG. “

LOL! Did you not read the article?


64 posted on 07/21/2018 11:57:20 AM PDT by TexasGator (Z1)
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To: Gay State Conservative

Was the shooter suffering any effect due to trauma incurred from the throw to the ground? Perceived the assailant remained standing over him in an aggressive posture?


65 posted on 07/21/2018 11:57:40 AM PDT by Ozark Tom
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To: Navy Patriot

Watched the video, and it looks like a justifiable shooting to me.


66 posted on 07/21/2018 11:58:55 AM PDT by dinodino
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To: CurlyDave

“The assailant clearly sees the firearm and makes no attempt to disengage.”

Watch it again ...


67 posted on 07/21/2018 11:59:37 AM PDT by TexasGator (Z1)
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To: TexasGator

The sheriff is declining to arrest but I guess the state atty could bring charges. they should not though. markeis is a thug with a long record. if he pushed me down like that I would have shot him too.

CLEARWATER — Pinellas County Sheriff Bob Gualtieri announced Friday that his agency will not arrest a man deputies say shot and killed another man during an argument over a handicap parking space.

“The incident falls under Florida’s self-defense law known as “stand your ground,” the sheriff said during a news conference. The law gives immunity to those in fear of their lives who use force to defend themselves.

The shooting “is within the bookends of ‘stand your ground’ and within the bookends of force being justified,” the sheriff said, later adding, “I’m not saying I agree with it, but I don’t make that call.”

The agency will forward the case to the State Attorney’s Office for a final decision, Gualtieri said.”


68 posted on 07/21/2018 12:05:34 PM PDT by spacejunkie2001
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To: eddie willers
You two are correct. If the shover had continued to advance in a threatening manner, I could see SYG. But he didn't. Violence was over.

I tend to agree with you, but we do not have the benefit of knowing what Dindu was saying to shooter. If it was something like, "I'm going to kill you, MFer" that would mitigate in favor of justification.

69 posted on 07/21/2018 12:05:39 PM PDT by KevinB (I do not care for that Obama fellow.)
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To: Ozark Tom
Was the shooter suffering any effect due to trauma incurred from the throw to the ground?

The way he fell I would say not.But not being a doctor I suppose it's possible that a neurologist or neurosurgeon seeing the film might think differently.

Perceived the assailant remained standing over him in an aggressive posture?

What I see is a guy pushing another guy to the ground (which was very probably a crime) and then it looked like he was done.I didn't see anything that suggested that the "aggressor" was planning to continue his "assault".

70 posted on 07/21/2018 12:06:06 PM PDT by Gay State Conservative (You Say "White Privilege"...I Say "Protestant Work Ethic")
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To: TexasGator

Maybe he does, maybe he doesn’t.

But you know what the dead thug needs?

Nothing, because he’s dead.


71 posted on 07/21/2018 12:06:08 PM PDT by chris37 ("I am everybody." -Mark Robinson)
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To: dragnet2

Real life rarely follows the script we all carry around in our heads.

The old man was hit hard by someone half his age and more than twice his strength and was knocked to the ground.
The young man stood over him posing aggressively.
Old man draws a weapon.
Young man retreats a couple feet.
Old man shoots.

Two things come to mind. In Florida, brandishing is illegal. The young man was still close enough to be dangerous and faster than the old man.

I would never bother someone over a parking space. Life is too short to worry about jerks. So, I’d not be in this situation.

For argument’s sake, let’s role play from the shove.

I’m older and not physically strong. Someone pushes me violently to the ground and takes a threatening stance over me.

Yeah, I’d draw and fire 3 shots as quickly as possible. Then I’d call a lawyer.

Video may show delay, retreat or some other extenuating happenstance; however, my viewpoint at the time is needle sharp, and focused on staying alive. Time is skewed, heart rate and respiration is elevated, with only one thought. Chest, head, chest.

Do I dream of killing someone? Hell no.
Do I hate people based on some attribute? No.
Do I not believe in the wound, maim, kill principle? No.
Do I not believe it’s always wrong to kill an unarmed person? No.
Do I not believe in proportionality of force like they taught in LOAC? Yes, that’s why I carry.


72 posted on 07/21/2018 12:07:04 PM PDT by antidisestablishment ( Xenophobia is the only sane response to multiculturalismÂ’s irrational cultural exuberance)
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To: unlearner
The man draws his gun. The woman’s boyfriend freezes.

That's not what happened.

The assault suspect was backing up slightly prior to the suspect producing a gun. After the assault victim pulls the gun, the assault suspect continues backing up, in fact the assault suspect was probably 8-10 feet away when the white assault victim shoots.

73 posted on 07/21/2018 12:07:16 PM PDT by dragnet2 (Diversion and evasion are tools of deceit)
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To: katana

“Is that worth killing somebody? Not in my opinion.”

Exactly.


74 posted on 07/21/2018 12:09:11 PM PDT by CTyank
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To: Navy Patriot

The only tidbit that was not in your analysis is that while on the ground, the white guy could no longer retreat.


75 posted on 07/21/2018 12:10:39 PM PDT by taxcontrol (Stupid should hurt)
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To: Navy Patriot; SaveFerris; PROCON; FredZarguna; mylife; Lil Flower; Corky Ramirez; CopperTop; ...
Things can escalate real fast!


76 posted on 07/21/2018 12:11:16 PM PDT by Gamecock (In church today, we so often find we meet only the same old world, not Christ and His Kingdom. AS)
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To: antidisestablishment
Excuse me, but my comments were not based on, "A script we all carry around in our heads".

My comments were based strictly on the video, not some hypothetical or wordy comments, but strictly on the only evidence I have available.

77 posted on 07/21/2018 12:12:53 PM PDT by dragnet2 (Diversion and evasion are tools of deceit)
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To: Navy Patriot
This is a tough one. After the thug knocked the shooter down, was the thug still a threat? Lethal force is justified when you're in reasonable fear of imminent death or great bodily harm. But, even if the shooter claims to have had that subjective state of mind, the video can go to prove whether that state of mind was reasonable.

So, if I'm our shooter, I've been knocked to the ground and the thug who did it is standing over me. He isn't rushing me at the moment, but if I start to get up I'll be off balance and a perfect target if he wants to give me a solid kick or punch. The fact is, a good kick or sucker punch can be lethal. So, maybe my best bet is to stay on the ground and see if he goes away. That might be a good call if Mr. Thug's body language, and/or what he's saying to me at the time, suggest that he isn't in a mood to come back at me.

But, that's a lot of thinking to do while I've just been knocked to the ground by the sort of guy who will come out of a convenience store and knock somebody to the ground. Maybe I just stop thinking so much, take out my firearm and neutralize the threat.

Taking a life is serious business. I'd hate to think I killed anyone, even a violent thug, when it could have been avoided. As for the thug: play stupid games, win stupid prizes.

78 posted on 07/21/2018 12:13:20 PM PDT by jumpingcholla34
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To: TexasGator

the dude was retreating.”””

Was he? I saw the gun back him off but the last thing he did before the freeze frame (they didnt show the shooting) was put a foot forward. It’s way too far away to do more than suppose but he may have been going onto “You ain’t got the ball, honkey” mode.


79 posted on 07/21/2018 12:15:51 PM PDT by TalBlack (It's hard to shoot people when they are shooting back at you...)
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To: Moonman62

I think we are both getting at the same point: This case really turns on what the shooter was thinking and whether there was any objective reason for him to shoot the deceased, who seemed to be backing away. If for example, the shooter told the cops: This guy came out of know where and knocked me down, I was disoriented, I thought he was coming back at me, I heard the girlfriend coming towards me, etc, that would make a difference. Or perhaps he thought the guy had a gun and was going to shoot him and that’s why he shot. I agree that this case is probably manslaughter unless the shooter proffered a reasonable explanation. Finally, SYGround is b.s. It has nothing to do with this case. I think its a convenient way for sympathetic law enforcement to not charge him by saying “Gee, its the SYG law...We had no choice.”


80 posted on 07/21/2018 12:17:07 PM PDT by bort
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