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View Diary: Man shot over texting in theatre (275 comments)

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  •  No. On the news here tonight they (13+ / 0-)

    specifically said Stand Your Ground was not in play here. But of course, a lawyer representing the man hadn't spoken yet. So no idea what the defense is going to be.

    “Mitt Romney is the only person in America who looked at the way this Congress is behaving and said, ‘I want the brains behind THAT operation.’ ” — Tom Perriello

    by hungrycoyote on Mon Jan 13, 2014 at 07:28:45 PM PST

    [ Parent ]

    •  Interesting. Wouldn't It Have to Come In Very (5+ / 0-)

      early, as the whole point is to forbid prosecution?

      We are called to speak for the weak, for the voiceless, for victims of our nation and for those it calls enemy.... --ML King "Beyond Vietnam"

      by Gooserock on Mon Jan 13, 2014 at 07:46:20 PM PST

      [ Parent ]

      •  Not necessarily. If police thought SYG applied, (0+ / 0-)

        they wouldn't have arrested him. But he still has the option of requesting an SYG hearing to get the charges thrown out without a trial.
          But he (or his attorney) probably won't do that because it would preclude a self defense defense at trial.
          (The self defense law IS the stand your ground law in Florida, a point misunderstood by many commenters during the Zimmerman trial.)
           SYG being what it is, he only has to prove at trial that he had a reasonable fear of death or great bodily harm.
           Courts in Fla. have recently released a guy who killed two men outside a bar because (he claimed) one of them appeared to be reaching toward his pocket and might have been going for a gun. (The motion wasn't detectable on CCTV.) The deciding factor is what the killer thought, not what was actually happening.
           SYG-self defense is the only possible defense this murderer has. But he has an excellent chance of being found not guilty under SYG.

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