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FL man killed under ‘stand your ground’ provisions over handicapped parking space.

FreedomVA

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The CHP should've call the POPO when he was shoved to the ground and report an assault. Get up back away and keep a distance.

If then, only then if the assailant continue to approach or attack the CHP, then i see SYG can come into play. Otherwise, i see the CHP was shocked by such rude behavioral actions, so he thought to himself, let me shoot this BAMMA, that is a NO..NO.

The CHP need more training, maybe when he's in jail he can learn how to deal with these type of situations, just don't drop the soap.
 

Ghost1958

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The CHP should've call the POPO when he was shoved to the ground and report an assault. Get up back away and keep a distance.

If then, only then if the assailant continue to approach or attack the CHP, then i see SYG can come into play. Otherwise, i see the CHP was shocked by such rude behavioral actions, so he thought to himself, let me shoot this BAMMA, that is a NO..NO.

The CHP need more training, maybe when he's in jail he can learn how to deal with these type of situations, just don't drop the soap.
Let's see. The defender should have attempted to get up with the thug who already violently attacked him six feet away. One step distant. Making hand movements around his waist band.

That's a good plan to get killed.

Your right that SYG never applied in this case. The victim of the attack never had a chance to retreat.

Again this will be either overturned or mistrial based on if nothing else the judge not explaining the statutes to jury when asked.
 

FreedomVA

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Let's see. The defender should have attempted to get up with the thug who already violently attacked him six feet away. One step distant. Making hand movements around his waist band.

That's a good plan to get killed.

Your right that SYG never applied in this case. The victim of the attack never had a chance to retreat.

Again this will be either overturned or mistrial based on if nothing else the judge not explaining the statutes to jury when asked.
Never heard of Bruce Lee, 1 inch punch?
 

WalkingWolf

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He should not have put himself in that situation in the first place. Hard to tell if this will be overturned on appeal, I hope so. While the guy was clearly guilty of disorderly conduct, which precluded the incident, he IMO was in fear for his life.

This is a lesson for all who carry, use the same rules for avoiding stupid places, and doing stupid things. It usually results in stupid prizes.
 

Ghost1958

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He should not have put himself in that situation in the first place. Hard to tell if this will be overturned on appeal, I hope so. While the guy was clearly guilty of disorderly conduct, which precluded the incident, he IMO was in fear for his life.

This is a lesson for all who carry, use the same rules for avoiding stupid places, and doing stupid things. It usually results in stupid prizes.
The woman was,quilty of parking in a handicapped space.
The shooter is somehow guilty of disorderly conduct for pointing that out?

He wasn't charged with that and would have been if it applied.

If you watch the video. When he is shoved down the shover is advancing, the woman comes out of the car and the 2nd male increases his speed toward the downed defender.
Only when the gun is drawn does any of that stop.
 

WalkingWolf

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Pointing it out, and arguing, and badgering is disorderly conduct. He could have just pointed it out, and walked away, instead he engaged in a argument that he started. He does not deserve to be in prison, but people who carry must not use the firearm as a bolster to act like fools.
 

Ghost1958

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Pointing it out, and arguing, and badgering is disorderly conduct. He could have just pointed it out, and walked away, instead he engaged in a argument that he started. He does not deserve to be in prison, but people who carry must not use the firearm as a bolster to act like fools.
Don't recall him showing or mentioning a gun until he was attacked. So the firearm had nothing to do with it until the attack.


No he did not start the argument. He pointed out a violation of the law.

The woman started the argument instead of moving to a lawful parking space that was CLOSER than where she was.
He wasn't charged for disorderly , and trust in Fla in this situation they would have stacked on any charge they could if it was remotely applicable.

Gun owners are the worst group about throwing their own to the wolves I've ever seen. And I've seen alot of that from other groups.

I don't know if it's fear ,or a need to feel " morally " superior. Or what the reason is, but it is a fact.
 
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WalkingWolf

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Just because a person is a gun owner, does not mean they should get a pass when they act like a complete idiot. The man had a history of starting arguments, AND either displaying his weapon, or verbally producing it. This IS a problem with a small number of conceal carry permit holders that think the permit makes them law enforcement. He was justified to defend himself when shoved, but the shove does not excuse his passive aggressive representing himself as parking enforcement. I doubt he would have done so if he was not armed secretly. I call it the Miami Vice, or Don Johnson syndrome. People who open carry rarely are involved in these sort of events, possibly due to they are not carrying to respond to violence. They are carrying to deter violence, but a person can't do that trying to intimidate people for very minor infractions of the law when they are not police officers.
 

Ghost1958

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Just because a person is a gun owner, does not mean they should get a pass when they act like a complete idiot. The man had a history of starting arguments, AND either displaying his weapon, or verbally producing it. This IS a problem with a small number of conceal carry permit holders that think the permit makes them law enforcement. He was justified to defend himself when shoved, but the shove does not excuse his passive aggressive representing himself as parking enforcement. I doubt he would have done so if he was not armed secretly. I call it the Miami Vice, or Don Johnson syndrome. People who open carry rarely are involved in these sort of events, possibly due to they are not carrying to respond to violence. They are carrying to deter violence, but a person can't do that trying to intimidate people for very minor infractions of the law when they are not police officers.
Your very informed of what is inside other gun owners heads.

All I personally can go by is what happened in this particular case

1 He,pointed,out a violation of the law to the woman doing same. That act was well within his right to do and legal.

2. The person violating the law, the woman, began a verbal altercation instead of moving to a legal spot.

3. A verbal disagreement ensued, also absolutely legal.

4. Shooter is attacked by a third party without warnjng.

5. Shooter feared serious bodily harm or death, and fired in clear cut self defense on video.

6 shooter was rail roaded and likely will have a mistrial declared of win his case on appeal.


As,to your other therory I open carry 95 percent of the time. If I wasn't carrying to respond to violence directed at my person I wouldnt carry at all. I OC simply because its less hassle, more comfortable and I have much faster access to the gun.
 

WalkingWolf

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No sense going back and forth, personal space. Who was confronting another in their personal space. I agree on the self defense, but disagree on the behavior leading up to it. My last words are leave the job of the police to the police, carrying a firearm is not an excuse to play cop. People who carry should, and this has been preached here as well as other gun sites, mind their own business. Don't do stupid things at stupid places or face winning stupid prizes.
 

Ghost1958

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No sense going back and forth, personal space. Who was confronting another in their personal space. I agree on the self defense, but disagree on the behavior leading up to it. My last words are leave the job of the police to the police, carrying a firearm is not an excuse to play cop. People who carry should, and this has been preached here as well as other gun sites, mind their own business. Don't do stupid things at stupid places or face winning stupid prizes.
Philosophically I agree. I personally wouldn't bother a person about where they park or much of anything else. Don't much care.

That said . What the guy did was legal.
It was not a provocation for that attack.

I'm that we seem to agree.
 

WalkingWolf

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Florida limits citizen arrest to felonies or very serious crimes, NOT parking infractions. Simply saying "Hey, you are parked in a handicap" I would go along with. BUT standing at the women's car window berating her, as was reported by a witness is against the law. This case is not how you are representing it, there was a witness that informed the deceased in the store that his wife was being harassed. Not that she was harassing him, on top of that she was in her vehicle which is covered by castle doctrine.

I wish the facts were different because it is embarassing for people who carry, but the facts are what they are. They are represented by video, a witness, and his own statements to the police.
 

Ghost1958

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Florida limits citizen arrest to felonies or very serious crimes, NOT parking infractions. Simply saying "Hey, you are parked in a handicap" I would go along with. BUT standing at the women's car window berating her, as was reported by a witness is against the law. This case is not how you are representing it, there was a witness that informed the deceased in the store that his wife was being harassed. Not that she was harassing him, on top of that she was in her vehicle which is covered by castle doctrine.

I wish the facts were different because it is embarassing for people who carry, but the facts are what they are. They are represented by video, a witness, and his own statements to the police.
What statute in Fla covers having a verbal argument with a person in a car?

And nobody would have known He was carrying a gun OF he had not been attacked.

Besides. What one person who carries a gun does is on that person alone. Nobody else.
 

solus

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Given, FL’s Stand Your Ground is in place ~ vague at best!

1. Should the person of colour decedent have shoved the gentleman whom was verbally hollering at the female driver parked in the businesses’ handicapped spot ~ legality or not ~ probably not!

1a. Why was shooter patrolling business’ handicapped slots since there is discussion the shooter showed up immediately out of the blue after the decedent departed the vehicle driven by the female.

1b. Records show this wasn’t the first time the shooter has engaged in this type of aggressive behaviour.

1c. What hasn’t been revealed were the other individual who endured the shooter’s aggression ~ people of colour?

1d. Shooter brought up on charges into a court of law where a jury of his peers found him guilty ~ period!

1e. The system, as designed, worked ~ let the judicial system follow its normal course.
 

solus

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What statute in Fla covers having a verbal argument with a person in a car?

And nobody would have known He was carrying a gun OF he had not been attacked.

Besides. What one person who carries a gun does is on that person alone. Nobody else.
784.011 Assault.—
(1) An “assault” is an intentional, unlawful threat by word or act to do violence to the person of another, coupled with an apparent ability to do so, and doing some act which creates a well-founded fear in such other person that such violence is imminent.
(2) Whoever commits an assault shall be guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.
 

Ghost1958

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784.011 Assault.—
(1) An “assault” is an intentional, unlawful threat by word or act to do violence to the person of another, coupled with an apparent ability to do so, and doing some act which creates a well-founded fear in such other person that such violence is imminent.
(2) Whoever commits an assault shall be guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.
I don't recall seeing that he threatened anyone, or performed any threatening act.
Which would both be required by that statute to equal assault.

As I said IMO he was politically charged, convicted by a jury that by its,own statements did not even understand the statute he was charged with and got no clairication from a judge who is anti gun, anti SD.
 

solus

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I don't recall seeing that he threatened anyone, or performed any threatening act.
Which would both be required by that statute to equal assault.

As I said IMO he was politically charged, convicted by a jury that by its,own statements did not even understand the statute he was charged with and got no clairication from a judge who is anti gun, anti SD.
 

solus

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Initial post...quote
The store owner said Drejka regularly hassled people for parking in handicapped spaces. So it could also be reasonable to assume Drejka was looking for trouble. Unquote...

“Hassled” kind word for verbal assault?

We weren’t on scene and video don’t provide voice nor showing the level of “hassling” by the convicted shooter!

You asked what FL statute I provided said statute ~ period.

Also as I stated, the shooter was found guilty by a jury of his peers...contribute to his legal defense...
 
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