This is a very close case as to whether the shooter committed a crime. First, the “Stand Your Ground Law” stuff is a bunch of crap. SYGround simply eliminated the common law requirement that, if you are outside of your home, you make an attempt to retreat from a confrontation before using deadly force. The shooter was attacked by the deceased and knocked to the ground. Simply put, SYGround laws have nothing to do with this case. The issue in this case is whether the shooter actually feared that he would suffer serious bodily injury or death if he did not shoot. Its a close case: From the shooter’s perspective: a) he was violently attacked; b) the attacker appears to reach in his waistband; c) the girlfriend of the attacker got out of her car and appeared to go towards the shooter on the ground before he shot. I would need to know what the shooter told the cops as to why he shot. Was he disoriented from hitting the ground? Did he think the girlfriend was going to jump him while he was on the ground and that the deceased might come back? From his angle on the ground, did he fear that the deceased might have a gun or weapon? Did the deceased say something like: “I’m coming back to get you”?
Did the deceased say something like: “I’m coming back to get you”?
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For me that’s the only thing that would make it justified, but the sheriff didn’t mention it.
You are really asking for it by making a thoughtful and factual post like that!
The eyewitness had the good sense to skedaddle when he saw the gun but the thug and his girlfriend stayed right there...In fact, when the girlfriend saw the boyfriend approaching, she got out of the car...So there then was a double threat...
It almost appears that before the victim shot, he quickly trained his weapon on the female as if she might be a threat before he aimed at the big guy and fired...
And since the eyewitness saw and probably heard everything from start to finish, could be his testimony led the police to claim the guy innocent...