New law gives too many people a license to kill

Miami Herald ^ | August 24, 2006 | Fred Grimm

[KstoDC]

The legal defense of Red Rock and Yellow Man, a couple of feuding Liberty City street thugs up on murder charges, has been bolstered by 62 members of the Florida House of Representatives and 28 state senators.

Police say a stray bullet from a July 1 shootout between Damon ''Red Rock'' Darling and Leroy ''Yellow Man'' LaRose, both with long rap sheets, killed 9-year-old Sherdavia Jenkins. But police and prosecutors worry that the ''Stand Your Ground'' law passed in 2005 with 90 sponsors and overwhelming support in both houses of the Florida Legislature, has complicated their case against the two men.

The law, pushed through the Legislature in Florida (and 14 other states) by the National Rifle Association, has broadened the legal definition of self-defense, no longer requiring the use of deadly force only as a last resort. A person, feeling threatened, ``has no duty to retreat and has the right to stand his or her ground and meet force with force, including deadly force.''

This kind of macho legislation gets political testosterone churning. Supporters envisioned a beleaguered suburban soccer dad fending off a tattooed ex-con with a righteous hail of bullets. The law prohibits police from detaining or arresting a suspect in a self-defense case without clear evidence of malice. Red Rock and Yellow Man are grateful.

"Unfortunately, you can't write a law that says only good citizens can use deadly force to protect themselves,'' said Jay Plotkin, chief assistant state attorney in the Fourth Judicial District, which includes Jacksonville, another Florida city beset with a murder epidemic. ``If a bad guy is defending himself against another bad guy, the law applies to him, too.''

[cripplecreek]

I'm just making an assumption here but I'm guessing that neither Yello or Red are legal gun owners.

[kinoxi]

A bit disturbing in it's ramifications.

[msnimje]

There's a whole mess of people who need killin'

[Fighting Irish]

Fred Grimm and his editor ought to be horse whipped for this article making it to publication.

It is and always will be illegal for a felon to own or possess a firearm in the great state of Florida.

[Egon]

Talk about reaching for a straw man.

[keithtoo]

I'm sure if a Miami resident is threatened by thugs, the Miami Herald will send someone over to defend them with pious platitudes and warm feelings.

[Gator101]

...both with long rap sheets

So how did they legally own guns? I am guessing they didn't. If so, the debate stops right there for me

[RightWhale]

Police say a stray bullet

The issue is not as presented. Whoever fired the fatal bullet is responsible and the intent of causing injury was present. No accident.

[samm1148]

"Talk about reaching for a straw man."


Yep! Lets not talk about why these third world savages (with admittedly long rap sheets) were running loose in the first place instead of picking up trash along a Florida highway.

[randog]

In June, unarmed Jason Rosenbloom was shot during an argument in Clearwater with his next-door neighbor. He was shot just outside the neighbor's front door. The neighbor said he was afraid.

The devil, as always, is in the details. Was this a friendly disagreement, like whether the Dolphins were going to suck this year, or a violent outburst, like "come out here so I can kick your ass"? Considering the outcome, I would suspect the latter, in which case it's a justified shooting (and a good law).

[Robert A Cook PE]

Subtle defense.

Of course, self-defense doesn't usually involve arbitrarily killing other people, but this is made to order for the anti-gun crowd.

Of course, the criminal lawyers who are abusing the law this way are themselves to blame for the mis-use.

[KstoDC]

The article does not state whether or not the guns where legal, but it is probably a safe bet they weren't.

Even if he is charged for possession of an illegal firearm, what about the murder charge? The law does not seem to make an exception.

[Gator101]

"Unfortunately, you can't write a law that says only good citizens can use deadly force to protect themselves,''

Ahhh, but you can write a law that says only good citizens can legally own guns. I believe we already have quite a few.

These punks gave up the right to use guns, even in defense, when they turned to a life of crime.

[E8Ret]

The MSM in Fla has gone berserk since the passing of this law, making it sound like the streets are awash in blood.
They aren't; violent crime is actually down.
The so called "Stand Your Ground" law hasn't affected the laws regarding 'concealed carry' one bit.

[grundle]

I'm just making an assumption here but I'm guessing that neither Yello or Red are legal gun owners.

Exactly.

The people who wrote this article haven't studied the issue.

[L98Fiero]

"In June, unarmed Jason Rosenbloom was shot during an argument in Clearwater with his next-door neighbor."

"Well, he should have armed himself." - William "Bill" Munny

[justshutupandtakeit]

Fry him.

[TChris]

What's your opinion on this?

As you are a brand new user, I'm curious about your choice for a first post.

[Tench_Coxe]

Not the same guy. Just thought the nick of one of the thugs rang a bell.