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Old 07-23-2018, 08:35 PM   #990
mooby
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Join Date: Mar 2005
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Re: When is Enough ,Enough?

I thought it might be interesting to look at the applications for the "SYG" statute. Here is what I am using as the basis:

Florida Law on Self-Defense | Use of Deadly and Non Deadly Force

Under the "Use of Deadly Force" header, you can find the two legal justifications for "SYG."

They are:

Quote:
There are two primary statutes in Florida outlining when the use of deadly force is justified so as to avoid criminal liability. Under Section 776.012, Florida Statutes (Florida’s “Stand Your Ground” Law), a person is justified in using deadly force (and does not have a duty to retreat) if he or she reasonably believes that such force is necessary to prevent the imminent commission of a forcible felony or to prevent imminent death or great bodily harm to himself or herself or another.

(Personal note: 2nd statute not applicable in this case)
So I ask, (and while fully admitting assault is wrong and the guy easily had grounds for being arrested and charged) did it appear like the gun owner was in imminent danger of a forcible felony being committed? No. Did it appear like death was imminent or even great bodily harm for that matter? No. Ergo, I believe the qualifications for stand your ground were not met. The guy went and picked a verbal fight, got surprised when a third party escalated it into a physical confrontation, and killed somebody over the shitty act (but not worthy of a death sentence) of taking a handicapped parking spot.

I don't think the guy was in danger of great bodily harm or death, and he should be charged with manslaughter at a minimum.
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