July 23, 20188 yr So you guys are all ok with the guy running out of the store like that and pushing the shooter?
July 23, 20188 yr Author So you guys are all ok with the guy running out of the store like that and pushing the shooter? Depends on what he was saying to the lady in the car. A push shouldn't be enough to justify a shooting.
July 23, 20188 yr Author It's not up to the sheriff on whether or not he will be charged, is it? State Attorney is deciding whether to charge or not.
July 23, 20188 yr It's not up to the sheriff on whether or not he will be charged, is it? I believe the prosecutor is who decides whether to file charges and what the charges are. A grand jury could also issue an indictment but the prosecutor is almost always who initiates review of a case before the grand jury. Interesting side note - attorneys please verify this - a grand jury has the authority to initiate their own investigations. So in this case, a sitting grand jury could bypass the sheriff and the prosecutor, issue summons to witnesses, gather evidence and issue an indictment. I have been told that prosecutors don't want lawyers sitting on a grand jury because lawyers know they have this authority and prosecutors don't want grand juries led by lawyers going rogue.
July 23, 20188 yr So you guys are all ok with the guy running out of the store like that and pushing the shooter? I don’t think that is the question. The question is did the reaction match the threat?
July 23, 20188 yr State Attorney is deciding whether to charge or not. For clarification, in Florida the prosecutor is called a state attorney. They are the same thing.
July 23, 20188 yr So you guys are all ok with the guy running out of the store like that and pushing the shooter? No, but it’s not grounds for deadly force.
July 23, 20188 yr It's not up to the sheriff on whether or not he will be charged, is it? No, and they seem to not agree the self defense on this one. They understand though, that FL has SYG, so they couldn’t initially arrest him.
July 23, 20188 yr This seems pretty simple to me...shooting an unarmed guy who is backing away from you is not standing your ground. Maybe you could claim emotional distress for being knocked down but this is at a minimum manslaughter and more likely murder IMO...
July 24, 20188 yr Depends on what he was saying to the lady in the car. A push shouldn't be enough to justify a shooting. Push punch its all a physical assult on a person that can be deadly.
July 24, 20188 yr Author Push punch its all a physical assult on a person that can be deadly. The "could be" is secondary, right? He didn't die. He wasn't being attacked after the push. Is the first push enough despite there being no indication of subsequent attacks?
July 24, 20188 yr The "could be" is secondary, right? He didn't die. He wasn't being attacked after the push. Is the first push enough despite there being no indication of subsequent attacks? How does the shooter know hes not going to attack him again?
July 24, 20188 yr So you guys are all ok with the guy running out of the store like that and pushing the shooter? After the guy threatened to shoot his last? Absolutely...
July 24, 20188 yr How does the shooter know hes not going to attack him again? By the fact the pusher stepped back and did not close distance. In fact he doesn’t make any more hostile moves to the guy. The immediate threat is over and the guy shoots the pusher.
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