Discussion in 'Law and Justice System' started by my2¢, Aug 13, 2018.
It rests solely on when you change from being the attacked to being the attacker
Manslaughter charge filed in Florida's latest 'stand your ground' killing
McCabe said his office’s inquiry determined manslaughter charges were warranted.
“Law enforcement does investigations; we determine who to charge,’’ McCabe told USA TODAY. “We conducted our own investigation, reviewed all their reports, interviewed the witnesses, looked at all the tapes and film, and I made the decision legally that this is a charge that we should file and we can prove.’’
And ‘backing away’ as subjectively perceived by others isn’t relevant in Florida self-defense law.
What is relevant is the shooter’s perception, that he can claim in good faith he perceived a threat, that it did not seem to the shooter that his assailant was ‘backing away,’ that the shooter’s assailant was just as likely preparing to attack him again – all of which is lawful justification for the use of deadly force.
Nope, this was not self defense. The man did not approach the guy on the ground and backed up when the gun was pointed at him. When the shooter fired, that is when he gave up stand his ground.
The problem I have is that people misinterpret the statute and are emboldened to use a gun,’’ O’Mara said. “Look at this case. Pointing the gun? Absolutely. Shooting a warning shot? Fine. But shooting him?’’
McGlockton’s family and civil rights groups had held protests calling for Drejka to be charged. Benjamin Crump, who serves as the family attorney and came into prominence six years ago representing Martin’s family, said Monday’s decision was a long time coming.
“This self-appointed wannabe cop attempted to hide behind ‘Stand Your Ground’ to defend his indefensible actions, but the truth has finally cut through the noise,” Crump said in a statement. “I have full faith that this truth will prevail to punish this cold-blooded killer who angrily created the altercation that led to Markeis’ needless death.”
As degrading as this person is to other viewpoints, he/she has this right.
In Florida a self-defense claim is subject to an extremely low standard; a ‘scintilla’ of evidence is determined to be sufficient, including a self-defense claim that is weak or improbable, such as in this case the shooter’s perception that his attacker was backing up in preparation to attack him again.
It’s what the defendant believes and perceives – and the law requires a jury to be instructed accordingly.
Fuck Trayvon martin, he will not be missed.
He deserves his dirt nap.
So shut the fuck up
Jones, I will listen to the DA and the sheriff for qualified legal points of view. You and Oodles can chime all you want, but the DA will easily pierce the self-justification and subjectivity of the defendant without any problem. Watch.
Yes there is...
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