Sheriff rejects popcorn killer’s ‘stand your ground’ defense: ‘Why didn’t he move sea

[hazlnut]

Sheriff rejects popcorn killer’s ‘stand your ground’ defense: ‘Why didn’t he move seats?’

The sheriff who’s investigating the fatal shooting of a moviegoer this week in Florida said the state’s “stand your ground” defense doesn’t apply in this case, but an attorney said it likely does.

“What most people don’t understand is, the law is not concerned with what started your argument; the law is not concerned about how petty it is,” attorney Stephen Romine told First Coast News. “The law is concerned about the acts between two people — the person who died and the person who did the shooting.”

Retired police captain Curtis Reeves was charged with second-degree murder after he shot 43-year-old Chad Oulson to death Monday afternoon because he refused to stop sending a text message to his 2-year-old daughter’s day care provider.

A 2-year-old will never know her father because of this man.

 

[OODA_Loop]

He is in a suicide smock.

He must have been threatening to kill himself in the jail.

 

[WinterBorn]

I am pro-gun and pro-2nd amendment. But nothing I have seen justifies this shooting. Put him away.

 

[hazlnut]

He is in a suicide smock.

He must have been threatening to kill himself in the jail.

I think a lot of spree killers are releasing a ton of pent up rage and anger, once it's gone, reality and unbearable guilt sets in and they off themselves before the cops get there.

This guy, though not a spree killer or mass murderer, obviously had some pent up emotions that came out in a fury -- after that he just froze up and was easily detained by other theater goers.

Reality has set in and he wants to end his life.


There is something to be said for just letting him do it.

 

[OODA_Loop]

Under Florida law, he added, it’s considered a felony offense to strike a person over 65 years old with something as small as a marshmallow.

 

[OODA_Loop]

You can use deadly force in Florida to stop a Forcible Felony.

776.08 Forcible felony.—“Forcible felony” means treason; murder; manslaughter; sexual battery; carjacking; home-invasion robbery; robbery; burglary; arson; kidnapping; aggravated assault; aggravated battery; aggravated stalking; aircraft piracy; unlawful throwing, placing, or discharging of a destructive device or bomb; and any other felony which involves the use or threat of physical force or violence against any individual.
History.—s. 13, ch. 74-383; s. 4, ch. 75-298; s. 289, ch. 79-400; s. 5, ch. 93-212; s. 10, ch. 95-195.

 

[Dont Taz Me Bro]

This was not a Stand Your Ground action. It was cold blooded murder, plain and simple.

 

[blastoff]

How does texting in a theater bother someone else? I could see getting upset with someone yapping on their cell phone, although not to the extent to gun them down.

 

[OODA_Loop]

You can't strike the elderly................. its a Felony in Florida.

 

[Mr. H.]

Leave it to a lawyer to come up with that one. In this case...

 

[OODA_Loop]

Leave it to a lawyer to come up with that one. In this case...

To come up with the applicable law ?

 

[G.T.]

This is not a gun issue or a stand your ground issue. It's a senile/angry old man issue. Let's not all Legislate at once now, pussies.

 

[WinterBorn]

You can't strike the elderly................. its a Felony in Florida.

Popcorn? You really think popcorn constitutes a felony assault?

 

[wavingrl]

You can't strike the elderly................. its a Felony in Florida.

Popcorn? You really think popcorn constitutes a felony assault?

How many $$$$$$$ for the trial?

If FL has that kind of money--such a waste of time, jmo.

 

[OODA_Loop]

You can't strike the elderly................. its a Felony in Florida.

Popcorn? You really think popcorn constitutes a felony assault?

There are no lists of acceptable items to batter the elderly with in Florida law.

 

[Vox]

Leave it to a lawyer to come up with that one. In this case...

To come up with the applicable law ?

let's see if that's applicable.
it is definitely NOT a stand your ground situation.

even if you are being attacked by popcorn at 71 that is NOT going to fly as the reason for stand your ground.

This will go as a manslaughter conviction.

 

[wavingrl]

Leave it to a lawyer to come up with that one. In this case...

To come up with the applicable law ?

let's see if that's applicable.
it is definitely NOT a stand your ground situation.

even if you are being attacked by popcorn at 71 that is NOT going to fly as the reason for stand your ground.

This will go as a manslaughter conviction.

I know it wouldn't be worth hearing--but what sort of explanation might this individual have for using deadly force because of tweeting?

 

[OODA_Loop]

Leave it to a lawyer to come up with that one. In this case...

To come up with the applicable law ?

let's see if that's applicable.
it is definitely NOT a stand your ground situation.

even if you are being attacked by popcorn at 71 that is NOT going to fly as the reason for stand your ground.

This will go as a manslaughter conviction.

The focus is not the popcorn itself.

The focus is the deceased battered an elderly patron and did that elderly person believe he was facing great bodily injury.

If someone is going to start throwing things and verbally haranguing the elderly for such trivialness there may be a reasonable demonstrated fear of great bodily injury.

If you ask 100 seniors in the situation I would bet you get an overwhelming fear of great bodily injury. And it would be reasonable.

 

[Vox]

To come up with the applicable law ?

let's see if that's applicable.
it is definitely NOT a stand your ground situation.

even if you are being attacked by popcorn at 71 that is NOT going to fly as the reason for stand your ground.

This will go as a manslaughter conviction.

I know it wouldn't be worth hearing--but what sort of explanation might this individual have for using deadly force because of tweeting?

it was not because of tweeting. It was way down further from original texting.

The man who was killed did not react in a proper manner, which does not mean he deserved to be killed, but if he wanted to text his daughter and somebody was annoyed, rather then being stubborn and prove how a big boy he is it would be much smarter( and polite) just to step outside and text. It was not even a movie yet!!!

it might sound sarcastic, but the reason for all of this is just absence of simple politeness and good manners. would the men be just POLITE - he would be alive today.

 

[Vox]

To come up with the applicable law ?

let's see if that's applicable.
it is definitely NOT a stand your ground situation.

even if you are being attacked by popcorn at 71 that is NOT going to fly as the reason for stand your ground.

This will go as a manslaughter conviction.

The focus is not the popcorn itself.

The focus is the deceased battered an elderly patron and did that elderly person believe he was facing great bodily injury.

If someone is going to start throwing things and verbally haranguing the elderly for such trivialness there may be a reasonable demonstrated fear of great bodily injury.

If you ask 100 seniors in the situation I would bet you get an overwhelming fear of great bodily injury. And it would be reasonable.

c'mon, you know it is not going to fly. there is no great bodily injury from popcorn flying around.

The killed man was stupid. Stubborn, rude and stupid.

But it does not mean he deserved to be killed or posed ANY threat to 71 year old.