Florida Stand Your Ground Shooting. Prison time or Miller time?

[RDT]

When Texas lawmakers passed the tx chl they felt it would create
a more polite society .

[Horn chaser]

A CHL holder has a RESPONSIBILITY to avoid confrontation, not instigate it. BECAUSE he was carrying a gun is reason enough to not instigate an argument (ie confronting somebody for parking in a handicap spot) that could potentially escalate into a physical confrontation.


IMO, the shooting was absolutely not justified, and would be a gross misapplication of the "stand your ground" defense. Death penalty is a harsh punishment for being shoved to the ground.

That is my thoughts too.

[Lungbustr]

Glad it isn't my decision to make. I **** sure wouldn't shoot someone in that situation.

[batmaninja]

I am just glad they are they same race, other wise there would be nation wide protests right now.

[bossbowman]

IDK about that one, when he pulled the gun the guy shot started backing up.

I am just glad they are they same race, other wise there would be nation wide protests right now.

Shooter is white, I'm surprised the whole thing hasn't blown up more.

[Puggy625]

When Texas lawmakers passed the tx chl they felt it would create
a more polite society .

It has. Prove me wrong. Homicides are down, violent crimes are down, etc since the passing of the CHL laws years ago.

[35remington]

If we're all going to play monday morning quarterback, let's at least do it the right way: apply the applicable law to the facts.
Here is the law in Florida:

776.012 Use or threatened use of force in defense of person.
(1) A person is justified in using or threatening to use force, except deadly force, against another when and to the extent that the person reasonably believes that such conduct is necessary to defend himself or herself or another against the other’s imminent use of unlawful force. A person who uses or threatens to use force in accordance with this subsection does not have a duty to retreat before using or threatening to use such force.
(2) A person is justified in using or threatening to use deadly force if he or she reasonably believes that using or threatening to use such force is necessary to prevent imminent death or great bodily harm to himself or herself or another or to prevent the imminent commission of a forcible felony. A person who uses or threatens to use deadly force in accordance with this subsection does not have a duty to retreat and has the right to stand his or her ground if the person using or threatening to use the deadly force is not engaged in a criminal activity and is in a place where he or she has a right to be.

Section .041 probably deserves a mention as well.

776.041 Use or threatened use of force by aggressor.
The justification described in the preceding sections of this chapter is not available to a person who:
(1) Is attempting to commit, committing, or escaping after the commission of, a forcible felony; or
(2) Initially provokes the use or threatened use of force against himself or herself, unless:
(a) Such force or threat of force is so great that the person reasonably believes that he or she is in imminent danger of death or great bodily harm and that he or she has exhausted every reasonable means to escape such danger other than the use or threatened use of force which is likely to cause death or great bodily harm to the assailant; or
(b) In good faith, the person withdraws from physical contact with the assailant and indicates clearly to the assailant that he or she desires to withdraw and terminate the use or threatened use of force, but the assailant continues or resumes the use or threatened use of force.

[CEO]

This showed up on a channel I subscribe to this morning.

https://youtu.be/8TBXz2_o0KM

[Smart]

This showed up on a channel I subscribe to this morning.

https://youtu.be/8TBXz2_o0KM

Excellent watch. Thanks for sharing..


Does not look good for the conceal carry/self defense crowd.

[GA Bowhunter]

You don't kill someone because they pushed you down. I would be dead 20 times over and I would have killed 20 other people by now.

From what I've read the shooter should be charged. I did not see self defense.

I'd guess the guy will end up being charged at some point. If not, the shooter is lucky Obama is not the POTUS.

[GA Bowhunter]

This showed up on a channel I subscribe to this morning.

https://youtu.be/8TBXz2_o0KM

Wow. I had not seen the video. Charge the guy and let a jury decide.

[okrattler]

Without knowing the full story I can't say whether or not he should have shot him. All I know is this just goes to show you,you can't even get into a good ol' fashioned fist fight to solve your deferences anymore. Somebody is gonna pull a knife or a gun and put a stop to it real quick.

[brysdad]

Looks bad from the cheap seats.

[stinkbelly]

From the video it looks like the dead guy is the aggressor. I don't care that he had a kid and girlfriend. I don't know anything else about the story.

[awry]

Below news reports states the shooter had confronted people before ...

https://abcnews.go.com/US/victims-girlfriend-florida-gunman-provoked-fatal-stand-ground/story?id=56751894

He may not face criminal charges but would think he’ll loose any civil case ... especially with the children being ‘showcased’ in the courtroom