Older man shoots and kills young guy

[MacTheKnife]

in most states, I thought you can only use equal force, necessary force/proportional

To lawfully assert a self-defense claim, the physical force used by the defendant must be reasonable and proportional to the threat they faced. In addition, for self-defense to apply, the threat must be immediate.

Everything You Should Know about Self Defense in AZ | Tobin Law Office

unjustified if:

• If the actor provoked the other's use of unlawful force, UNLESS the actor abandons or clearly communicates his or her intent to abandon the encounter and the other continues to use force against the actor.

Texas Self Defense Laws -FindLaw

The Florida law regarding self defense is posted above. Anyone has a right to use deadly force if they have a reasonable fear that their life is in jeopardy. Pretty much the same in most states. In some states however if you are assaulted and have a opportunity to flee without putting yourself in further jeopardy you are required to retreat.

 

[MacTheKnife]

There are a lot of lies posters here keep perpetuating in hopes of keeping their narrative alive, hoping it gives their alternate version of what happened some credence.

Just like many did in the Trayvon case. What this kind of behavior reveals is a black racist attitude for whites. They get so emotional and filled with hate just because a white man killed a black man that they cannot deal with the facts of the case and the law of self defense. Pathetic.

 

[Vastator]

There are a lot of lies posters here keep perpetuating in hopes of keeping their narrative alive, hoping it gives their alternate version of what happened some credence.

Lies?

The store owner tells ABC Action News that Drejka has a history of assaulting people in the very parking lot the shooting took place. A man who frequents the store told ABC Action News he had a run-in with the man who opened fire just one month ago.

Rich Kelly says the man picked a fight with him over a parking spot, using racial slurs, and even threatening to kill him. Now, a month later, a similar case, ending with a father killed in front of his 5-year-old son.

Video shows deadly shooting over parking spot at Clearwater convenience store

Really? The gun toting idiot was threatening people there all the time. That means he was not reasonable, or responsible. A person who carries a weapon takes responsibility for their safety, and the safety of their families. Excellent. I’m all behind that. But that responsibility also means you don’t go around threatening people. You don’t start incidents hoping to have an excuse. That is where reasonable ends.

Someone is perpetrating lies, and what do you know, it is the racist jackass with the white power symbol. Now, here is the dirty little secret. Everyone knows that this idiot is a lunatic who will instigate and then shoot someone. So when does a black guy pull his gun and shoot him, perhaps after starting an argument? I hope it happens soon. Drejka is a thug. Worse than any of the folks at that gas station including anyone who might have robbed it. He like you, thinks that tough is all about the gun. He is nothing but a punk coward. Almost certainly just like you.

It is legal to have a concealed weapon in Florida if you have a permit. The shoot had a permit. You are the one that sounds like a racist. Really pisses you off when a white man kills some black dude that has assaulted him. There is no evidence the shooter threatened anyone. You say 'everyone knows' that is just heresay. You have no evidence whatsoever the shooter is a lunatic or mentally unbalanced and even if he is that is not relevant in this case. No one would have gotten shot if the black dude had not assaulted the white guy. When the black dude attacked the white guy he sealed his fate. Everyone should learn a lesson from that. Do not assault people and risk getting shot in a state where many,many people carry legal concealed weapons. Not rocket science. Do not be stupid.

The number of self proclaimed "responsible concealed carriers" who condone the assault of the victim, due to their own misrepresentation, of what constitutes threatening someone, speaks poorly of the future of CCW in America. Many of these folks consider themselves the "higher moral authority" on the matter, which is disturbing when facts mean so little to them.

 

[JoeMoma]

I agree with the local law enforcement that the incident does technically comply with the stand your ground law. That being said, the incident is not good for those in favor of gun rights like I am. People packing heat should avoid confrontations, not instigate them.

There is another thread on this topic with a poll. Last I looked about 75% believe the shooting to be wrong. Note, the poll was not about the whether the shooting was legal or not.

 

[leftwinger]

Dead man was lining up for massive kick to down man head,

What would have happened next w/o gun protection? A wild beast can cover 10' in ~0.35sec.

Finally, I would never confront women in car w/kids. Busybody old guy needs to mind his own. Too late now.

 

[JoeMoma]

Dead man was lining up for massive kick to down man head,

What would have happened next w/o gun protection? A wild beast can cover 10' in ~0.35sec.

Finally, I would never confront women in car w/kids. Busybody old guy needs to mind his own. Too late now.

We really don't know what would have happened next. I think the black guy most likely would have left the white guy alone at this point; however, kicking the white guy in the head is also a possibility.

That being said, the white guy was no match for the black guy. It is very possible that the white guy really was in fear for his life in that short moment.

 

[blastoff]

so now the OPski knows he 'lives' in FLA. any of the newspapers down there covered it... i hope to see legit links to any of his posts that need them for back up.

Can someone explain what this poster is saying?

Not me. Guess I’m too well educated or something.

 

[OODA_Loop]

It is very possible that the white guy really was in fear for his life in that short moment.

Which is all that is needed under the law. No arrest.

 

[JoeMoma]

It is very possible that the white guy really was in fear for his life in that short moment.

Which is all that is needed under the law. No arrest.

Yep! That's why I said what I said.

 

[MacTheKnife]

It is very possible that the white guy really was in fear for his life in that short moment.

Which is all that is needed under the law. No arrest.

Yep! That's why I said what I said.

Not only possible but highly reasonable and as you say under our legal system and the law of self defense that is all that is required for the use of deadly force.

Now, it is unfortunate that this happened and it need not have happened if any or all of the following had occurred.

The g/f could have attempted to defuse the situation. If she had talked to the older guy(the shooter) in a friendly manner as in apologized for parking in the handicap spot, it is very possible maybe even likely the guy would have gone one his way and would not have even been there when her b/f came out of the store.

I think it most likely that someone who went into the store gave the victim some exaggerated account of what was goin on on the parking lot, thus when the victim came out of the store he was angry, did not bother to try and find out what was going on, just rushed up to the older guy and knocked him to the ground. If you watch the video you will see a fellow follow the victim out of the store--trailing right behind him but when he see the old guy whip out a pistol he runs off. Most likely he is the one that told the victim someone was bothering his g/f on the parking lot.

Bottom Line: The victim comimtted assault and paid the ultimate price for it.

 

[OODA_Loop]

The g/f could have attempted to defuse the situation. If she had talked to the older guy(the shooter) in a friendly manner as in apologized for parking in the handicap spot,

Nope

"she parks where ever she wants."

Privilege means you don't obey the laws and norms of society like everyone else.

 

[MacTheKnife]

Dead man was lining up for massive kick to down man head,

What would have happened next w/o gun protection? A wild beast can cover 10' in ~0.35sec.

Finally, I would never confront women in car w/kids. Busybody old guy needs to mind his own. Too late now.

Well, the old guy seems to have a history of trying to correct the way people parked at the store which he has a right do do, not illegal but certainly not advisable in that neighborhood, not a good neighborhood, a black neighborhood with lots of crime. I think the old guy was rather eccentric and had some sort of compulsion or irritation about folks parking in handicap spots illegally. Even the news has had reports on that recently down here.

Anyhow whilst not perhaps using good judgement he cannot be faulted for what some would say is just being a responsible citizen. The most egregious thing in this episode is of course the victim assaulting the old guy. Uncalled for and totally stupid, especially in a state where so many folks carry concealed weapons...not a good state to assault someone who is a stranger as in not knowing what they are capable of no matter what their appearance may be. The Trayvon case should have woke people up on that.

 

[hjmick]

Run ... Runner...

There's a remake of that movie in the works. They've lowered the age of death to 21 from 30. Stupid.


I wouldn't mind a remake of Soylent Green...

 

[fncceo]

Run ... Runner...

There's a remake of that movie in the works. They've lowered the age of death to 21 from 30. Stupid.


I wouldn't mind a remake of Soylent Green...

In the original book, the age of death was 21. They had to change that in the movie because there were no name actors who could pass for 21.

 

[MacTheKnife]

I agree with the local law enforcement that the incident does technically comply with the stand your ground law. That being said, the incident is not good for those in favor of gun rights like I am. People packing heat should avoid confrontations, not instigate them.

There is another thread on this topic with a poll. Last I looked about 75% believe the shooting to be wrong. Note, the poll was not about the whether the shooting was legal or not.

Well, in these cases where a white man kills a black man a lot of folks (liberals, blacks and their sympathizers) get very emotional and pay no attention to the facts of the case and have little or no understanding of the law or how the legal system works. They have a problem now though with their narrative of black victimhood...it has been proven false in so many cases they can no longer make much mileage with it....especially since eric holder and obama are not around to back them up. I think the media is even getting tired of these cases...they were down here on this for a little while but they do not seem to be getting much traction with their b.s.

I think this case comes more under the realm of self defense but the 'stand your ground law' merely means that no one is required to flee or retreat if they are under attack as is the case in some states. The old man had not much of a chance of running off even if he had wanted to. He had been knocked to the ground and he had no idea what the black guy might do next--so in a reasonable fear of his life or great bodily damage he pulled his pistol and used deadlly force...perfectly legal.

I do not think the old guy instigated anything purposely or otherwise. He was merely pointing out that handicap spots should not be used by anyone who is not handicapped. Nothing illegal, provocative or instigational in that. Perhaps not using good judgement as in that store is in a black neighborhood with all the connotations of that.

If anyone is charged with instigation it should be the fellow who went into the store and told the black guy someone was messing with his woman. Most likely the guy that followed the black fellow out of the store and was trailing right at his heels until the old man pulled out his pistol....the guy then ran off quickly.

 

[hjmick]

Run ... Runner...

There's a remake of that movie in the works. They've lowered the age of death to 21 from 30. Stupid.


I wouldn't mind a remake of Soylent Green...

In the original book, the age of death was 21. They had to change that in the movie because there were no name actors who could pass for 21.

I did not know that...

 

[JoeMoma]

I do not think the old guy instigated anything purposely or otherwise. He was merely pointing out that handicap spots should not be used by anyone who is not handicapped. Nothing illegal, provocative or instigational in that. Perhaps not using good judgement as in that store is in a black neighborhood with all the connotations of that.

In the video I watched, the kook was doing more than point out proper use of handicap parking. He was reading her the riot act over it. He didn't calmly say "hey, you shouldn't park in handicap parking if you don't have someone handicap" and then quickly go his way. He stood there fussing at the lady in the car like a loon. This type of behavior, while perhaps technically legal, will lead to an eventual ass kicking if repeated over and over.

If I were to go to a bar and start flirting with every woman that is with a man friend, throwing out pickup lines and inviting each woman back to my place, I'm probably going to eventually get my ass kicked. Is doing that illegal? No more so than what the kook in the parking lot did. But it would be a stupid thing to do, and it would instigate violence.

 

[fncceo]

Run ... Runner...

There's a remake of that movie in the works. They've lowered the age of death to 21 from 30. Stupid.


I wouldn't mind a remake of Soylent Green...

In the original book, the age of death was 21. They had to change that in the movie because there were no name actors who could pass for 21.

I did not know that...

Read that book in High School. I got very excited when I heard they were making a movie.

The movie was a terrible disappointment.

However, I do have a replica DS gun from the movie/TV show.