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Another self-defense shooting in Florida

Just a stupid clash over a stupid parking spot. The question boils down to, was she in fear of death or great bodily harm? She could and did interpret his actions as threatening. She even backed up some. The dead guy kept pressing her. He let his ego take over. She can claim immunity Under Florida law on the basis that she acted in self defense. The state attorney will review it and might take it to a grand jury. If the womsn is charged, there will likely be an immunity hearing before a judge who will decide on dismissing the charge. The burden is on the prosecution to prove she was not in fear for her life. Officers may not arrest in a prima facie self defense case in Florida unless they believe a crime was committed. The fact that she was not arrested tells the story for me. She will not be charged in my opinion, or if she is, the charge will be dismissed.
 
first, at least, there is a video, albeit, no audio.

however, the guy was "approaching her", maybe screaming at her, maybe in a menacing way..???

i dunno

tha gal...DID WALK AWAY....

but then SHE was going TOWARDS HIM.....

THAT'S NOT standing your ground......

to me, that's actually now "challenging him to a fight"..???

i dunno, Florida is NOT a Blue state, so they may prosecute her for advancing towards him, negating "stand your ground"

Florida, ain't afraid of no "race thing"
 
My take (and kine everyone here this is without interviewing anyone there)
She seemed to be the initial aggressor (which already makes her wrong)
She pointed a gun at the deceased (which again is probably not considered reasonable force)

And yjen **** him which even with castle doctrine or atand hour ground downs always allow 100% deadly force it any force has to be reasonable.

Then factor in this will probably be placed as a race issue as Ben Crump will probably make himself available anytime now!

We shall see but for me not quite worth getting dead, jacked up in legal system or anything else for
The reasons or people I am willing to put myself out there for these days is extremely small number
 
BassCliff said:
Hi,

I think that may be a stretch calling it "self defense". It seems "aggressor" did not have a weapon and did not get within 6-8 feet of the shooter. This was over a parking spot. Lord have mercy.

www.local10.com

BSO: Man dies after being shot by woman in North Lauderdale Walmart parking lot

A 62-year-old man has died after he was shot in the parking lot of a Walmart in North Lauderdale on Tuesday, authorities announced Wednesday.
www.local10.com www.local10.com


Thank you for your indulgence,

BassCliff
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Yeah but he was white with his hands raised she will get out of it.
 
HayesGreener said:
My opinion is based upon my understanding of the Florida statutes. I will be shocked if the State Attorney decides to go forward with charges.
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that would be a travesty, and a perversion of self defense laws.

Self defense with lethal force should only be when you are in reasonable fear for your life or serious bodily injury

I don't think a one on one situation, where one isn't armed, is reasonable fear for your life. Unless one is an 80 year old woman and the other is Brock Lesnar
 
HayesGreener said:
No jury would convict her
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I don’t trust a jury any further than I can pee in a hurricane, no matter how good the facts may be.

Over the years I’ve lost the ones I thought I’d won, and won the ones I was sure I lost.

People are fickle. Put something like this in front of them and you just never know what they talk about in that jury room after closing arguments.
 
Old_Me said:
i dunno, i have to wait like every one else.....

but, black, killing white.....in the south...?????
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I think reasonable doubt happens when he continued to advance on the woman. From her perspective, her fear escalates when he continues to press, even after she threatens force with the gun. And what was he saying to her that might elevate her fear? And her race means nothing in determining justification.
The State Attorney must prove the elements of a criminal homicide beyond a reasonable doubt, and the burden of proof that she WAS NOT in fear is on the State.
It is an unfortunate situation that should not have happened had they made smarter decisions, but the law applies to the moment she fired the shot. I just can't see a Florida jury returning a guilty verdict, even if the case gets that far.
 
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HayesGreener said:
I think reasonable doubt happens when he continued to advance on the woman. From her perspective, her fear escalates when he continues to press, even after she threatens force with the gun. And what was he saying to her that might elevate her fear? And her race means nothing in determining justification.
The State Attorney must prove the elements of a criminal homicide beyond a reasonable doubt, and the burden of proof that she WAS NOT in fear is on the State.
It is an unfortunate situation that should not have happened had they made smarter decisions, but the law applies to the moment she fired the shot. I just can't see a Florida jury returning a guilty verdict, even if the case gets that far.
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true, he could have had PTSD, and was talking in a menacing way, clenching his teeth, etc,etc.....scaring her.

anyway...one investigation to watch.
 
Old_Me said:
i dunno, i have to wait like every one else.....

but, black, killing white.....in the south...????
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I havent lived in the south since the 80s (Ft McClellan Al); but Im having a hard time this will go bad on her just because she killed a White man. If anything my guess would be the opposite (justice is seldom blind to politics)
 
20, 30, 40 years ago this never would have devolved into a shooting. The political, racial, and constant division created by those in influential positions has brought us to this point. Yes, there have always been arguments and even confrontations over something as simple as a parking spot. Remember Fried Green Tomatoes? Now, we have allowed ourselves to be manipulated into looking at every situation as a personal affront to us, allowing something as simple as words to provoke us into reacting with violence and somehow justifying it as "being disrespected". Just walking away and allowing the aggressor to have the last say, is now looked upon as weakness, rather than intelligent and mature. Society is being purposely goaded into violence, with the powers that be orchestrating this as a means of convincing people that the only way to stop this is by complete government control over us and our lives. By being slaves to the state. And we are allowing them to continue doing this.
 
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