Replies

I would and I might well pull a weapon after being knocked to the ground. Indeed, if he moved against me after I was on the ground, I'd be in reasonable fear of death or great bodily harm and have a right to shoot. That's the shooter's problem here. The decedent backed off as soon as the shooter pulled his gun, meaning the shooter probably lacked justification to fire.

> see if you would feel threatened <

But in most states that is not the standard (although the police use it all the time). The most common self-defense standard is that you must reasonably be in fear for your life - it must be more likely than not that you will be killed or gravely injured.

I don’t know if that’s the case here. On the video it looks like the guy who was shot was retreating. He definitely took a few steps back. So it looks like a bad shoot. But who knows what that guy was saying. And his girlfriend was advancing.

Look at video of decedent position and stance and see if you would feel threatened.
.......................................................

The dead guy was backing up when he was shot. Shooter should at best be out on bail and the sheriff should be demoted.

Look at video of decedent position and stance and see if you would feel threatened.

I've watched the video several times, very closely, and in my opinion, the shooting does not appear to be warranted. The "pusher" was already backing up as the weapon was being brought to bear and he even seemed to retreat further when the "pushed" pointed it at his chest. I think he should have stopped there.

I believe that the "pusher" is obviously guilty of assault and battery, but if an assailant stops the assault before you start shooting, and begins to back off, maybe you have accomplished your goal of ending the assault.

That being said, there is a chance that had he not pulled the trigger, the "pusher" could have rushed him and finished the job. I can't say for sure. Nor can I say that I know how the "pushed" guy was feeling at the moment he dropped the hammer.

The video alone is not,IMO,sufficient to determine whether or not the shooter was justified in doing what he did.We cannot know what,if anything,was said by any of the participants.We also don’t have any idea what facial expressions the dead guy may,or may not,have displayed.

Feeling threatened and legitimately fearing for one's life are not necessarily the same thing. Opinions expressed here over the past few days about whether the shooter was justified have differed enormously. That is even among people who all wholly support the right to carry and use a firearm for defense in a life and death or "Gross Bodily Harm" situation.

After watching the video several times mine is that it was not justified. In all honesty, to me the shooter reacted like he'd been waiting on a chance to use his weapon, as has sometimes been seen with some police officers. My opinion stems in part from what I was taught in a CCW class conducted by serving LEO officers. We had cautionary tales drilled into us so we understood just how serious the responsibility is for anyone carrying a firearm and just how indisputable the circumstances must be for its legal use.

Florida law and how they interpret it may be different, and I can't say how I'd have reacted in that fellow's position. Nor can I swear how I'd react seeing a man getting nose to nose with my wife over a parking spot. I've got an Irish temper and shoving the guy away might just be how I'd react. This was not like having someone straddling you and pounding your head into the pavement, a'la Trayvon Martin and George Zimmerman. That shooting was clearly justified. This one? I don't believe so and I find it tragic that a man died in front of his son over something so trivial.

Look at video of decedent position and stance and see if you would feel threatened.
‘’’’’’’’’’’’/////////////’’’’’’’’’’’’’///////////////’’’’’’’’’’’’’’’

I watched the video several times. I am somewhat undecided.
Now if I was on the jury and that video was the primary evidence I would not convict (depending of course on the charge).
Just remember that the court room standard is “beyond a reasonable doubt”.
This episode gives credence to the saying/notion, “An armed society is a polite society.”