Been watching the coverage of this, and something not discussed is the burden of proof on a SYG defense.
The law was changed last year, with the backing of the NRA but over objections of prosecutors and many in law enforcement. Now, if a defendant claims it, the burden is on the state to show by clear and convincing evidence that the defendant is not entitled to the defense.
The concern of the opponents was exactly what happened here. Even if this was wrong, the state would have had an almost impossible time overcoming the defense. As long as its debatable, it's tough for a charge to even be made in the first place.
Here, though the shooter is arguing with the girlfriend, the first physical act of aggression is by the boyfriend shoving the guy. Given that it is at least debatable, the facts do not clearly and convincingly show the defense does not apply.
There seems to be this misconception that SYG is some kind of "get out of jail free" card. In a similar fashion that just pleading "not guilty" doesn't mean you won't be found guilty just saying "I was standing my ground" (or any aspect of self-defense for that matter) is going to hold up.
As an example remember the theatre popcorn shooting incident? The judge denied SYG protection. It's too early to say much in this latest case but it would not shock me if this came under greater legal scrutiny after review.
I'm genuinely curious about the validity of claims this guy had previously been cited of being guilty of brandishing (improper exhibition in FL I believe) since if true that's actually a crime itself and should absolutely preclude him retaining a valid permit.
I don't believe that the illegal parking caused the shooting. I think it had more to do with the assault. If it was the illegal parking, he would have shot the woman.
That's just it. The defense doesn't have to prove it. The state must affirmatively disprove it.
When this was getting debated, the NRA was THE major backer. State prosecutors were dead against it for fear they'd be hamstrung in even getting cases to a jury. The NRA went after them, ran ads.
And they are almost all conservative Republicans and almost all were in the NRA. It got ugly.
Ah the good old days, when dueling was legal and you could murder someone in the street. Or take the family to a lynching. And beat your wife with the appropriate sized rod.
Religion has nothing to do with it. A busybody that should have minded his own damn business murdered a guy in broad daylight. He'll do it again if all it takes is parking illegally to set him off.
Best to avoid all public confrontation in our political climate; stands a good chance you'll get shot by some POS with a gun.
The parking situation set everything in motion. If this piece of trash would have minded his own damn business like a normal person, he wouldn't have blood on his hands.
Is your immediate reaction to a fight to murder someone? The victim should not have thrown dude on the ground, but I think putting a bullet in his chest is an extreme overreaction.
Also, if someone was threatening/harassing your SO, would you not intervene in some way? Especially with your kids around? Or stand there and let this POS intimidate and eventually attack your SO and kids?
I hope the guy gets arrested and tried for murder. He won't though. And he'll kill somebody else eventually.
And likewise, this white guy, knowing he was packing, felt like he had the courage to confront total strangers over a parking space.
If you come away from this only pointing the finger at one individual, then you are clueless.
I learned my lesson about 10 years ago. Long story short, 2 dudes pulled out in front of me after leaving a comedy club in not the best neighborhood. Brakes slammed, laid on my horn, glares when I passed them. They followed me, riding my bumper. Next thing I know, 2 pops and my mirror is blown out. It's just not worth it. Stay in your lane and don't be a statistic. There's a lot of crazy people out there.
While I don't disagree with the overall message here..... I think it's fair to add that the individual parking in a handicapped space is also worthy of being called a piece of trash.
Anyone that has a handicapped family member or friend knows this.
I learned my lesson about 10 years ago. Long story short, 2 dudes pulled out in front of me after leaving a comedy club in not the best neighborhood. Brakes slammed, laid on my horn, glares when I passed them. They followed me, riding my bumper. Next thing I know, 2 pops and my mirror is blown out. It's just not worth it. Stay in your lane and don't be a statistic. There's a lot of crazy people out there.