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

[JakeStarkey]

Assault by popcorn is no reason to draw and shoot.

Assault being the operative word.

There was no question the deceased had the willingness to assault the elderly. He was also proven to disregard rules and the notification of movie authorities had no impact on him escalating his force.

Does that elderly individual have reason to fear great bodily harm in that instant ?

Florida law speaks specifically to the increased vulnerability of the elderly by enacting specialized legislation making any such assault a felony.

Won't wash with a good prosecutor: let's go to trial.

 

[hjmick]

To answer the question above. The reason they keep coming up with a defense is to protect their precious guns. And to avoid the obvious question. Why was this nut job ever allowed to have one?

The event certainly seems to provide another good argument for thorough background checks.

By the way....I'm close to "elderly" and if I perceive that a situation has the potential to escalate beyond words I usually just walk away. I admit that course may be viewed as cowardly but I'm also not afraid to admit "I'm not the man I used to be." Makes me sad sometimes, in the good old days I used to stand my ground against any odds...and not with any weapon.

He's a retired police chief. I have no doubt he passed the background check with flying colors.

Other than during the hiring process all those years ago, I have no doubt there was no background check for him...

 

[OODA_Loop]

fwiw--support the 2nd amendment

just don't understand things like this and don't think I ever will. which is neither here nor there

Because all people see is popcorn

Just like Zimmerman all people saw was this

 

[OODA_Loop]

Other than during the hiring process all those years ago, I have no doubt there was no background check for him...

How is that ?

 

[hjmick]

Other than during the hiring process all those years ago, I have no doubt there was no background check for him...

How is that ?

He is what? 71? Say he was hired on when he was thirty, they would have done a background check then, 41 years ago. I doubt seriously anything was said or examined since then. He retires, keeps his guns, no one thinks anything of it... He's just the same guy he was 41 years ago...

 

[OODA_Loop]

Other than during the hiring process all those years ago, I have no doubt there was no background check for him...

How is that ?

He is what? 71? Say he was hired on when he was thirty, they would have done a background check then, 41 years ago. I doubt seriously anything was said or examined since then. He retires, keeps his guns, no one thinks anything of it... He's just the same guy he was 41 years ago...

He has a CCW which had to be issued and renewed.

 

[SmedlyButler]

Sorry, not worth arguing about but I still think it looks more like a BPV.

 

[OODA_Loop]

Sorry, not worth arguing about but I still think it looks more like a BPV.

You're probably right.

 

[wavingrl]

fwiw--support the 2nd amendment

just don't understand things like this and don't think I ever will. which is neither here nor there

Because all people see is popcorn

Just like Zimmerman all people saw was this

I 'see' more than that. Many long hours posting in threads about that trial.

if I have a point--'what was the big deal'--I guess that would be it.

the movie that was to be shown was a film about the SEALS?---a film that would never be my choice--therefore the mindset of those in this scenario is difficult for me to grasp--I suppose.

I would have been sitting in the 'Saving Mr. Banks' theater--no cell phone, no gun--probably eating popcorn and watching the coming attractions.

If I was under such heavy stress that anything other people did was upsetting I would not have been in any movie theater.

that's all I've got.

someone in this article said--'He must have just snapped'--that is about all I can conclude. Very sad.

http://www.foxnews.com/us/2014/01/1...eater-shooting-over-texting-had-praiseworthy/

 

[OODA_Loop]

I 'see' more than that. Many long hours posting in threads about that trial .

Did it lead you to the conclusion Mr. Martin was culpable in his own demise ?

Or a baby just wanting Skittles ?

 

[wavingrl]

I 'see' more than that. Many long hours posting in threads about that trial .

Did it lead you to the conclusion Mr. Martin was culpable in his own demise ?

Or a baby just wanting Skittles ?

I thought the verdict was correct.

Have yet to 'understand' George Zimmerman and really not inclined to try.

I support the 2nd Amendment--I don't own a gun--not the sort who should own a gun and so on.

 

[Politico]

To answer the question above. The reason they keep coming up with a defense is to protect their precious guns. And to avoid the obvious question. Why was this nut job ever allowed to have one?

The event certainly seems to provide another good argument for thorough background checks.

By the way....I'm close to "elderly" and if I perceive that a situation has the potential to escalate beyond words I usually just walk away. I admit that course may be viewed as cowardly but I'm also not afraid to admit "I'm not the man I used to be." Makes me sad sometimes, in the good old days I used to stand my ground against any odds...and not with any weapon.

It has nothing to do with background checks. The guy was a cop which is even scarier.

 

[Luddly Neddite]

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?

I asked him to stop. He didn't.

I went to movie management. He didn't stop.

When I came back he started aggressively berating and intimidating me.

Then he came at me throwing something aggressively. It was dark I didn't know what he had.

In the dark and as 73 year old man, with health issues alone in the theatre I felt I was in danger of being injured by this irate individual who projected force at me. As a former law enforcement officer I have witnessed the effects of aggression toward the elderly and physical assaults.

I did what I needed to cease his aggression.

It will go down in the annals of legal history as

The Popcorn Defense.

And, it IS Florida.

 

[wavingrl]

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

I asked him to stop. He didn't.

I went to movie management. He didn't stop.

When I came back he started aggressively berating and intimidating me.

Then he came at me throwing something aggressively. It was dark I didn't know what he had.

In the dark and as 73 year old man, with health issues alone in the theatre I felt I was in danger of being injured by this irate individual who projected force at me. As a former law enforcement officer I have witnessed the effects of aggression toward the elderly and physical assaults.

I did what I needed to cease his aggression.

It will go down in the annals of legal history as

The Popcorn Defense.

And, it IS Florida.

that is the truth.

they all should have gone to see 'Saving Mr. Banks'?--nothing more profound to add.

 

[Luddly Neddite]

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

I asked him to stop. He didn't.

I went to movie management. He didn't stop.

When I came back he started aggressively berating and intimidating me.

Then he came at me throwing something aggressively. It was dark I didn't know what he had.

In the dark and as 73 year old man, with health issues alone in the theatre I felt I was in danger of being injured by this irate individual who projected force at me. As a former law enforcement officer I have witnessed the effects of aggression toward the elderly and physical assaults.

I did what I needed to cease his aggression.

as a juror--that would not cut it for me.

sick of the news and maybe most of the people in the world.

~~~
anyone who needs a lol--

Rush Limbaugh thinks Bruce Springsteen was 'mean' to Chris Christie because of the Jimmy Fallon parody--the only thing I have lol'd about in a quite a while. ftr.

Love your lol. And, the Springsteen/Fallon parody was a hoot. And, it had to really sting ole Christie cuz he idolizes Springsteen. He should'a thought of that before he ordered the massive traffic jam.

Limbaugh - That's the same impotent alky drugger and smuggler lushbo who just said he could tell Obama is a a tyrant (or despot or commie or sumthin) because of the size of the American flags behind him. Whew. Ya can't make this shit up.

 

[wavingrl]

I asked him to stop. He didn't.

I went to movie management. He didn't stop.

When I came back he started aggressively berating and intimidating me.

Then he came at me throwing something aggressively. It was dark I didn't know what he had.

In the dark and as 73 year old man, with health issues alone in the theatre I felt I was in danger of being injured by this irate individual who projected force at me. As a former law enforcement officer I have witnessed the effects of aggression toward the elderly and physical assaults.

I did what I needed to cease his aggression.

as a juror--that would not cut it for me.

sick of the news and maybe most of the people in the world.

~~~
anyone who needs a lol--

Rush Limbaugh thinks Bruce Springsteen was 'mean' to Chris Christie because of the Jimmy Fallon parody--the only thing I have lol'd about in a quite a while. ftr.

Love your lol. And, the Springsteen/Fallon parody was a hoot. And, it had to really sting ole Christie cuz he idolizes Springsteen. He should'a thought of that before he ordered the massive traffic jam.

Limbaugh - That's the same impotent alky drugger and smuggler lushbo who just said he could tell Obama is a a tyrant (or despot or commie or sumthin) because of the size of the American flags behind him. Whew. Ya can't make this shit up.

that's basically how I feel. Left or Right-- 's' is 's'.

If Christie is a true fan--then he should feel honored. 'The Boss'/Jersey Boy--that is how he is.

good tunes--long live rock n roll!!!!

 

[SmedlyButler]

Other than during the hiring process all those years ago, I have no doubt there was no background check for him...

How is that ?

"Curtis Reeves was a retired police officer, the very definition of a good guy . He may also prove to be unbalanced in a legally-applicable way, but that wouldn’t have prevented him from getting a concealed carry permit in Florida. Since Florida grants concealed carry permits via its Department of Agriculture, rather than, say a criminal justice agency, the state cannot use the National Instant Criminal Background Check System to screen applicants. To put that another way, Florida simply doesn’t have the federal background check required in every other state that grants concealed carry permits.

Indeed, even if Florida had a more stringent conceal carry screening process – or if it didn’t have a concealed carry law at all – Reeves could have had his weapon on him. Retired law enforcement personnel are allowed by federal law to carry a concealed weapon in any jurisdiction except where it’s explicitly banned by law or the property owner." http://dailyexec.com/?tag=curtis-reeves
Also this photo has a caption saying he s pictured wearing a BPV

 

[OODA_Loop]

The Federal law didn't come online until 2010.

To carry he had to have CCW in Florida prior to that.

 

[Noomi]

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.

Imagine killing a man over a text message. Move seats next time, for Gods sake.

 

[OODA_Loop]

Since Florida grants concealed carry permits via its Department of Agriculture, rather than, say a criminal justice agency, the state cannot use the National Instant Criminal Background Check System to screen applicants. To put that another way, Florida simply doesn’t have the federal background check required in every other state that grants concealed carry permits.

FDLE does the background check.