Another "Stand Your Ground" Case In Florida

[Voice of Reason]

Is a verbal threat enough to kill someone?

 

I don't think so. Not under any law including stand your ground. In the incident we are discussing, if the man who was killed said to the shooter, "I am going to kill you", I still believe the shooter should be prosecuted. The shooter, even with a threat against him, is not justified in shooting unless the other guy comes after him again. I don't believe a verbal threat is not enough to say shooting "is necessary to prevent imminent death or great bodily harm to himself".

[TAC]

Is a verbal threat enough to kill someone?

 

I don't think so. Not under any law including stand your ground. In the incident we are discussing, if the man who was killed said to the shooter, "I am going to kill you", I still believe the shooter should be prosecuted. The shooter, even with a threat against him, is not justified in shooting unless the other guy comes after him again. I don't believe a verbal threat is not enough to say shooting "is necessary to prevent imminent death or great bodily harm to himself".

 

You must have missed the part where he got shoved to the ground. That with a verbal threat would be enough to let him walk according to this particular law.

[Voice of Reason]

You must have missed the part where he got shoved to the ground. That with a verbal threat would be enough to let him walk according to this particular law.

 

No sir. I saw the video. The victim shoved the shooter to the ground then backed away from him. Shooter pulls his gun with the victim 10 feet or more away. Victim moves further away and shooter fires anyway. No one in that situation should be feeling imminent death or great bodily harm. If the shooter would have waited a few seconds, he probably could have shot the victim in the back.

 

If this shooter is allowed to walk, it is open season in Florida and Wyatt Earp isn't around to clean it up.

[AverageJoesGym]

You must have missed the part where he got shoved to the ground. That with a verbal threat would be enough to let him walk according to this particular law.

 

So do you have to have a gun to "Stand your ground?" The shooting victim's partner said that both of them feared for their safety given the shooter's aggression. And he was clearly the aggressor. Where is the shooting victim's right to stand his ground? Does he have to have a weapon to do so?

 

There is no fear in the shooter's part if he doesn't become aggressive to begin with.

[TAC]

So do you have to have a gun to "Stand your ground?" The shooting victim's partner said that both of them feared for their safety given the shooter's aggression. And he was clearly the aggressor. Where is the shooting victim's right to stand his ground? Does he have to have a weapon to do so?

 

There is no fear in the shooter's part if he doesn't become aggressive to begin with.

 

No you don’t have to have a gun. Funny how the guy could have feared for his life seeing he was inside when his wife was being berated by the gunman.

[TAC]

No sir. I saw the video. The victim shoved the shooter to the ground then backed away from him. Shooter pulls his gun with the victim 10 feet or more away. Victim moves further away and shooter fires anyway. No one in that situation should be feeling imminent death or great bodily harm. If the shooter would have waited a few seconds, he probably could have shot the victim in the back.

 

If this shooter is allowed to walk, it is open season in Florida and Wyatt Earp isn't around to clean it up.

 

Once again , I think what was said May influence this case. The combination of the physical harm and implied harm may set the guy free if they threatened death or more harm to him regardless if he was backing away. I do think he was hit a couple times in the back too?

Agree it may not be the right thing to do but it is the law.

[Voice of Reason]

Once again , I think what was said May influence this case. The combination of the physical harm and implied harm may set the guy free if they threatened death or more harm to him regardless if he was backing away. I do think he was hit a couple times in the back too?

Agree it may not be the right thing to do but it is the law.

 

If this is the standard, it is open season. I would say the shooter in this case put a target on himself if he isn't prosecuted and this is the standard in Florida. Any person the shooter ever gets in an argument with going forward is justified in pulling l a gun and shooting him. All they have to say is they know the guy is a killer and carries a gun and they feared for their life because he made a verbal threat.

[AverageJoesGym]

No you don’t have to have a gun. Funny how the guy could have feared for his life seeing he was inside when his wife was being berated by the gunman.

 

If he saw his wife being aggressively berated by someone he absolutely could have feared for her and himself. She plainly stated that she was scared for her safety. That couple did not initiate the aggressive behavior. That fear caused by the shooter should be every bit as valid and give the victim the right to defend his wife and himself from what turned out to be a murderer. I really hope the DA decides to charge him with murder like he deserves.

Edited July 27, 2018 by AverageJoesGym

[TAC]

If this is the standard, it is open season. I would say the shooter in this case put a target on himself if he isn't prosecuted and this is the standard in Florida. Any person the shooter ever gets in an argument with going forward is justified in pulling l a gun and shooting him. All they have to say is they know the guy is a killer and carries a gun and they feared for their life because he made a verbal threat.

 

Totally agree.

[#99]

In almost all cases, the key is the word "threat". Most laws allow anyone to defend their self if there is a threat toward you or someone from someone else. But then you have to look to see what the law says is a viable threat. Most laws will say that once the aggressor has backed off, the immediate threat is over there for self defense does not apply. But Florida has

long been known for laws that don't make total sense! I used to live there as a teenager, and remember some of those laws all to well. Lol

[ColonelPops]

One of the two could just say they saw the other reaching for something in his waistband. That argument seems to work well.

[Fear the Nation]

Sure seems like that from this guys history of being an aggressive agitator that he was looking for a fight in order to use his weapon. Seems like a jerk who was acting tough because he was armed. I read how the law reads and is how it is applied and there has to be some mitigating circumstance allowed like if the shooter was the aggressor to begin with that would not make him the so called victim of assault. How many of us would not have came out that same way as the shooting victim if someone was hovering around our family screaming at them? My question is under the same law would the victim who was shot have the right to come out of the store and immediately shoot the aggressor defending his family from imminent bodily harm? Would he be afforded the same rights of protection as the shooter in this case? Seems like to me in a confrontation who ever shoots first wins and get's to claim I was standing my ground. Doesn't seem right to me. I feel like it was murder in this case.

[True blue (and gold)]

Sure seems like that from this guys history of being an aggressive agitator that he was looking for a fight in order to use his weapon. Seems like a jerk who was acting tough because he was armed. I read how the law reads and is how it is applied and there has to be some mitigating circumstance allowed like if the shooter was the aggressor to begin with that would not make him the so called victim of assault. How many of us would not have came out that same way as the shooting victim if someone was hovering around our family screaming at them? My question is under the same law would the victim who was shot have the right to come out of the store and immediately shoot the aggressor defending his family from imminent bodily harm? Would he be afforded the same rights of protection as the shooter in this case? Seems like to me in a confrontation who ever shoots first wins and get's to claim I was standing my ground. Doesn't seem right to me. I feel like it was murder in this case.

My thoughts exactly. I’m not against a “Stand your Ground” law, but not one that would result in cops not arresting the shooter in this instance.

[littleluck55]

The shooter was charged and arrested with manslaughter today. Good

 

'Stand your ground' case turns into manslaughter charge for Florida man - CNN

 

"Consistent with the decision-making process established under Florida law in this case, the State Attorney conducted his review and decided to charge Drejka with manslaughter," Sheriff Bob Gualtieri said in a news release.

[TheDeuce]

The shooter was charged and arrested with manslaughter today. Good

 

'Stand your ground' case turns into manslaughter charge for Florida man - CNN

 

"Consistent with the decision-making process established under Florida law in this case, the State Attorney conducted his review and decided to charge Drejka with manslaughter," Sheriff Bob Gualtieri said in a news release.

 

Good. Hopefully he serves serious time.