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Manslaughter Charges Filed in Florida Handicap Parking Spot Shooting
Legalinsurrection.com ^ | 8-13-2018 | Andrew Branca

Posted on 08/13/2018 12:33:43 PM PDT by servo1969

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To: SoFloFreeper
"So serious question here: does everyone get one free sucker shove to the ground?"

No, that's a crime on it's own. But it has nothing to do with whether the shooter was justified in shooting at the moment he did.

41 posted on 08/13/2018 1:29:28 PM PDT by mlo
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To: Godebert
If I was seated on the jury I would vote not guilty.

This is going to be a tough call. Usually you can only use deadly force to protect your life (or others) from threat of death or serious bodily harm. If the threat retreats then the justification for deadly force may also be void, even if the threat got in a punch. You also have to have clean hands yourself. It would have been better it seems if he had just recovered and filed assault charges. Better still if he hadn't harassed the family member over parking, if in fact he did that. At this point his only defense might be that he was disoriented from the assault and still felt threatened with further assault (passion of the moment plea).

42 posted on 08/13/2018 1:31:13 PM PDT by Magnum44 (My comprehensive terrorism plan: Hunt them down and kill them)
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To: cuban leaf

True. And with Zimmerman, he was fully justified. He called the cops to report something suspicious. Trayvon attacked him from ambush and was slamming his head into the pavement.

Even had Zim actually started the physical fight, Trayvon escalated it into a deadly force situation by repeatedly slamming his head into concrete.


43 posted on 08/13/2018 1:33:44 PM PDT by DesertRhino (Dog is man's best friend, and moslems hate dogs. Add that up. ....)
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To: Godebert

He looked pretty animated is the moments leading up to the shove to me.

Guess it’d be a hung jury if we were both on it!


44 posted on 08/13/2018 1:35:10 PM PDT by Bartholomew Roberts
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To: Bartholomew Roberts

She got out of the car.


45 posted on 08/13/2018 1:35:34 PM PDT by stevio (MAGA)
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To: DesertRhino
Agreed.

Just like Saints Martin & Brown are pretty sketchy thugs to be held up as heroes by the BLM crowd, this guy's actions in escalating an incident that was none of his business, makes him a poor example for those if us who believe in armed self defense.

46 posted on 08/13/2018 1:37:24 PM PDT by fungoking (Tis a pleasure to live in the 0zarks)
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To: Magnum44

He didn’t harass anyone over “parking”. He informed the woman that she was parked illegally, which any law abiding Citizen should have done. Also notice that the attacker was advancing to continue the violent assault until the moment he saw the gun being drawn.


47 posted on 08/13/2018 1:40:30 PM PDT by Godebert
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To: jim_trent

BINGO.


48 posted on 08/13/2018 1:40:37 PM PDT by arrogantsob (See "Chaos and Mayhem" at Amazon.com)
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To: stevio

I suppose I would too.

Hate to be a sitting duck.


49 posted on 08/13/2018 1:40:39 PM PDT by Bartholomew Roberts
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To: DesertRhino

“He was constantly starting arguments and had displayed the gun before. The store owner tried to have him banned from the property. Yes sport, he was looking for a fight....”

Do you have a source for this information?


50 posted on 08/13/2018 1:45:41 PM PDT by VikingMom (I may not know what the future holds but I know Who holds the future!)
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To: precisionshootist

The BG was moving away and clearly so when the shot was fired. If the killer just had shot in the air that would have made the deceased run even faster.

This was a destructive moment and will have political consequences, not the least firing up the gun grabbers.


51 posted on 08/13/2018 1:48:36 PM PDT by arrogantsob (See "Chaos and Mayhem" at Amazon.com)
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To: Godebert
He informed the woman that she was parked illegally, which any law abiding Citizen should have done.

Really??? I don't feel that obligation. Just because someone else is a a$$hole doesn't mean I need to confront them.

Also notice that the attacker was advancing to continue the violent assault until the moment he saw the gun being drawn.

I haven't seen the video. Just going by what others have said. I have heard two stories, one where the assailant was coming back for round two, and another where he was retreating. What actually occurred at this point will determine the jury outcome.

52 posted on 08/13/2018 1:48:39 PM PDT by Magnum44 (My comprehensive terrorism plan: Hunt them down and kill them)
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To: Godebert

He didn’t make the cut for “Parking Wars”.


53 posted on 08/13/2018 1:52:27 PM PDT by arrogantsob (See "Chaos and Mayhem" at Amazon.com)
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To: Balding_Eagle

The other guy was in fear for his WIFE. He comes out of the store and this idiot - who probably wouldn’t have been so full of himself if he had been unarmed- was harassing his wife over what is not his business, but a matter concerning the management of the store.

The guy with the gun wasn’t in his own car getting assaulted. He wasn’t on his own property getting assaulted. His own wife was not getting assaulted. The business was not getting robbed. He was in the other guy’s parking spot with the other guy’s wife and kid in their own vehicle minding their own business and he escalated an argument far beyond the value of the dispute by not leaving after he had his say, probably because he had Facebook disease- a bad case of virtue signaling making him ridiculously self righteous. There are other people, no doubt, behind the guy who came out of the store who could be hurt; it was a public place and well lit. The guy who came out of the store wasn’t threatening any innocent bystanders and he would not have been a threat to the virtue signaler if the virtue signaler had not tangled with his wife.


54 posted on 08/13/2018 1:54:22 PM PDT by piasa (Attitude adjustments offered here free of charge)
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To: VikingMom
Do you have a source for this information?

You can read more details in the link at the ORIGINAL THREAD from last month when the story first broke. You can even read the same comments from FReepers all over gain.

55 posted on 08/13/2018 1:56:44 PM PDT by Sans-Culotte (Time to get the US out of the UN and the UN out of the US!)
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To: Magnum44
"Really??? I don't feel that obligation. Just because someone else is a a$$hole doesn't mean I need to confront them."

Really???? Is there any crime you might witness where you would feel an obligation to confront?

56 posted on 08/13/2018 1:59:37 PM PDT by Godebert
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To: servo1969

A couple of questions come to mind.

Was there a spoken threat after the assault but prior to the shot being fired that would have caused the shooter to take action?

Was there a slowing of the shooters reaction to the assault because of physical harm or a cognitive delay? Are we sure he was aware of the two second interval?

There seems to be a difference of opinion based on the apparent hesitation seen on video. I wouldn’t presume to know the answer to these questions but would rather the evidence be presented to a jury, factually and without emotion.


57 posted on 08/13/2018 2:03:16 PM PDT by whodathunkit
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To: arrogantsob
"he BG was moving away and clearly so when the shot was fired. If the killer just had shot in the air that would have made the deceased run even faster. This was a destructive moment and will have political consequences, not the least firing up the gun grabbers."

Agree this is not a clear case from the viewpoint of the video. However the law states if the defender had a fear of imminent deadly force attack. Clearly the deadly force attack bar had already been met. The question is was the shooter in imminent danger of that attack continuing and I would say the answer is clearly yes. Police are very routinely exonerated over a shooting of an attacker based on the "21 foot" rule or Tueller rule. The attacker was definitely inside 21 feet and even though it appeared he backed up slightly he could have simply been making a move to circle the victim and continue attacking from a different angle. I think a good lawyer will bring up the 21 foot defense very quickly. In my opinion this is a clear case of self defense.

58 posted on 08/13/2018 2:04:16 PM PDT by precisionshootist
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To: 1Old Pro
Let's have a fair trial, hear all the facts, and hope for a fair and impartial verdict.

Too late for that now. "The process is the punishment".

Michael Drejka will be out 400k whether he is convicted or acquitted.

This case will be decided by the racial makeup of the jury. Blacks will almost certainly vote for conviction based purely on race. Whites who want to prove that they are "not racists" will likely vote for conviction.

The DA will attempt to exclude jurors who might have any other viewpoints. The Defense will have a hard time excluding genuine racists from the jury.

Facts of the case and of the law won't matter much.

59 posted on 08/13/2018 2:06:21 PM PDT by flamberge (What next?)
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To: Godebert

I cant believe you are going to argue that every infraction/crime is equally deserving of a response. What a dumb thing to say.

If I saw someone through garbage out the window of his vehicle, no I would not chase them down to scold them. If they were speeding I would not give chase. If I saw someone jay walk, I would not try to do a citizens arrest. If I saw someone come out of a bank and jump in a getaway car with a bag of money, I would not feel obligated to run them down. Why endanger myself or family over any of these?

Now, if I or my family were threatened by someone, I would defend them or myself.

If I were elected Sherriff then the story is different.

Nobody made me hall patrol. Who appointed you?


60 posted on 08/13/2018 2:08:03 PM PDT by Magnum44 (My comprehensive terrorism plan: Hunt them down and kill them)
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