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  1. #31
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    Default Re: Does This Actually Fit in the Bookends of Syg

    I'll assume there is an exception to the character and propensity exclusion IF defense broaches the subject regarding the decendant or perhaps his wife?

  2. #32
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    Default Re: Does This Actually Fit in the Bookends of Syg

    Quote Quoting KK1968
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    I'll assume there is an exception to the character and propensity exclusion IF defense broaches the subject regarding the decendant or perhaps his wife?
    No, that wouldn't open the door to bringing in the defendant's character trait(s). It would open the door to rebuttal evidence regarding the decedent / wife.

  3. #33
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    Default Re: Does This Actually Fit in the Bookends of Syg

    Quote Quoting KK1968
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    Our states you say??

    Wrong.

    Fighting words are, as first defined by the Supreme Court (SCOTUS) in Chaplinsky v New Hampshire, 315 U.S. 568 (1942), words which "by their very utterance, inflict injury or tend to incite an immediate breach of the peace. ... Fighting words are a category of speech that is unprotected by the First Amendment.

    Review statements from prior victims of his verbal assaults.


    I assure you that if you walk into a family establishment or public family event in this state where women and children are present, the likelihood of you getting beaten down mercilessly, and certainly until you shut your mouth, will be very high if your words are inappropriate for the present company.

    Sorry you don't grasp that level of genteel civility and respect for others.

    He won't last long on the street if they fail to indict him.
    Genteel civility? Oh, you mean all the southerners that would dual at 20 paces because somebody got their feelings hurt?

    You have no idea what was even said so arguing genteel civility is bull.

    The more you talk the more it sounds like you intend on hunting the guy down and killing him.

    Fighting words aren’t protected but that still does not excuse a physicsl assault in response. It may be a partial mitigation but it still doesn’t let one walk without fear of being charged for the battery.

    Whatever this guy said in a previous situation doesn’t apply here because, well, it was from a previous situation.

    Quote Quoting KK1968
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    So you allow people to speak any way they may wish in front of your children and nothing they could possibly say would not provoke you to immediately act with force to stop them?

    Here, you walk into a store say, and start offensive and indecent speech that quailfies for Fighting Words, and loud enough for people to hear, your azz whooping very well may be bought and paid for..........

    I wouldn't say Zimmerman is flourishing.
    You need to understand the difference between “fighting words” and brusque or even vulgar utterances. They are not the same thing regardless of how much you want them to be.

    Quote Quoting asa_jim
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    It goes into the reasonableness equation. If the man had already been injured then it would be more reasonable to believe he needed to use deadly force in order to avoid more serious injury that could result in death. It is a tougher sell if he was pushed to the ground without injury.



    Again, it is not whether Drejka was in fear but whether a reasonable person would believe that deadly force was necessary to avoid great bodily harm / death. Once a person begins backing away a reasonable person's apprehension or fear would be lessened, and the need to use deadly force dissipates. Under that circumstance, firing would seem to be more retaliatory than a reasonable use of deadly force.

    Yes, in Florida it will be the State Attorney for the 6th judicial circuit that will decide whether to charge. Or, he could present evidence to a grand jury. Even then, the governor could still appoint a special prosecutor if the elected state attorney doesn't file. That's what happened in the Zimmerman / Trayvon Martin case. My boss declined to file in that case believing there was not probable cause. The governor's appointed prosecutor charged second degree murder. So this isn't over until it's over. Only the sheriff has spoken so far.
    It may be a tougher sell but simply because it was proven the aggressor was willing to injure the other party. The actions are still going to be the ultimate determiner. If I shove somebody and walk away; syg won’t apply. If I get big and puffy and take a fighting position and move toward another person, even if I’ve never touched them, syg is likely to apply.



    2) A person is justified in using or threatening to use deadly force if he or she reasonably believes that using or threatening to use such force is necessary to prevent imminent death or great bodily harm to himself or herself or another or to prevent the imminent commission of a forcible felony. A person who uses or threatens to use deadly force in accordance with this subsection does not have a duty to retreat and has the right to stand his or her ground if the person using or threatening to use the deadly force is not engaged in a criminal activity and is in a place where he or she has a right to be.


    So yes, the law requires a reasonable belief there is imminent death or great bodily harm.

    so drejka was violently shoved, blindsided even, to the ground. Mcglocklin moves towards drejka. At that point I can accept he had a reasonable belief the atttack was likely to continue. It would be nice to know what was said though.

    My problem comes when the gun is pulled and mcglocklin does retreat. How your law deals with that, I believe, is the real question and not the initial activity which, to me, excused the initial drawing of the weapon.




  4. #34
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    Default Re: Does This Actually Fit in the Bookends of Syg

    https://www.youtube.com/watch?v=W1o6NbK5jg8

    this less than 2 minute analysis really boils it down even without considering what Drejka was actually doing and saying prior

    by the way, what was being said is indeed known and Drejka was indeed asking for it

    just an interesting factoid, if you peek at enough videos and reports, you'll notice the handicap parking place blue painted wheelchair symbol was freshened soon after this murder happened.........

    gotta wonder if Drejka is still up to his parking space deputy routine hunting for another to shoot

  5. #35
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    Default Re: Does This Actually Fit in the Bookends of Syg

    Quote Quoting KK1968
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    https://www.youtube.com/watch?v=W1o6NbK5jg8

    this less than 2 minute analysis really boils it down even without considering what Drejka was actually doing and saying prior

    by the way, what was being said is indeed known and Drejka was indeed asking for it

    just an interesting factoid, if you peek at enough videos and reports, you'll notice the handicap parking place blue painted wheelchair symbol was freshened soon after this murder happened.........

    gotta wonder if Drejka is still up to his parking space deputy routine hunting for another to shoot
    So drejka was “asking for it”. I’m really curious how one asks to be blindsided and violently shoved to the ground without showing any physical aggression.

    wow. You have some issues dude.

    The cop on the video following the one you linked says:

    from reports there was a pretty significant yelling match. There were no threats. There was no physical violence.


    If you believe that somehow justifies some Macho jerk to shove drejka, then you are a Neanderthal. Your genteel civility (using your definition of course) has flown out the window. That is the action of a very uncivilized person. It is the action of a person that believes might makes right and I get to control the world around me by beating up those I disagree with.


    But better yet: if you believe the verbal discourse justifies the physical attack, then the physical attack surely justifies the shooting. If you remove the stand your ground argument, it is simply a continuation of your belief of what genteel civility allows. Ones honor is harmed by the embarrassment of being shoved to the ground so one must be allowed to defend one’s honor.


    The truth is genteel civility would command a person in mcgloctins position to remain civil and not resort to uncivilized barbaric behavior. One defend’s one’s honor in civilized fashion, not brutish thuggery such as attacking a person, especially without warning.

    To the spiffing up of the hc space: Whether it was a hc space or not is irrelevant to the shooting. . From the very quick view I had of it I would guess it may not have met the legal requirements to be considered a hc space. If corrrect I would guess somebody else pointed that out and the store owner corrected the issue. Again, irrelevant to the shooting

  6. #36
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    Default Re: Does This Actually Fit in the Bookends of Syg

    The sheriff in the following video could serve double duty as Drejka's defense counsel and his statements about who said what are barely colored with the truth.

    Send video of some mentally ill and armed coward accosting your wife and small kids speaking things no decent person would ever speak in the presence of either.

    Maybe just go cuss your mother like she's a diseased streetwalker and see if your old man still has the minerals to rightfully set you straight.

    I have my doubts he ever has.

    We agree on the HC space although the fresh paint cured that problem the store owners were well aware had been a contentious sport for deputy drejka long before the tragic and senseless 1st degree murder.

  7. #37
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    Default Re: Does This Actually Fit in the Bookends of Syg

    Quote Quoting KK1968
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    The sheriff in the following video could serve double duty as Drejka's defense counsel and his statements about who said what are barely colored with the truth.

    Send video of some mentally ill and armed coward accosting your wife and small kids speaking things no decent person would ever speak in the presence of either.

    Maybe just go cuss your mother like she's a diseased streetwalker and see if your old man still has the minerals to rightfully set you straight.

    I have my doubts he ever has.

    We agree on the HC space although the fresh paint cured that problem the store owners were well aware had been a contentious sport for deputy drejka long before the tragic and senseless 1st degree murder.
    Oh so now it’s first degree murder? Of course you can defend your claims to that. Feel free to do so.

    its a shame you feel your need to hurt everybody that offends you has become your de facto defense for attacking others without valid cause and claim it makes it letally justified.

    And i presume if it was known drejka was armed, his attacker would have likely acted very differently.

    And still you have provided no support for your claims of what drejka said to Jacobs.

  8. #38
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    Default Re: Does This Actually Fit in the Bookends of Syg

    I'm actually a very peaceful person although I'll not walk away from an actual GOOD fight and that would include not turning a blind eye and deaf ear to somebody abusing yours.

    Yeah, Drejka was hunting for a murder victim and is a hate monging racist.

  9. #39
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    Default Re: Does This Actually Fit in the Bookends of Syg

    https://www.newschannel5.com/news/na...round-shooting

    well they should be able to make this stick easier than 2nd degree

  10. #40
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    Default Re: Does This Actually Fit in the Bookends of Syg

    Exactly as I had predicted. The state attorney has filed felony charges. The judge has set a $100k bond. The defense will now file for a SYG hearing and ask the court to find that the defendant has immunity under Florida's SYG law. The judge will either rule that there is immunity, and the case ends, or it may ultimately go to a jury to determine if self-defense is a valid defense. The defendant has many opportunities to avoid a criminal conviction under these facts in Florida. I question whether this is valid or not, but it is Florida law. Should other states emulate this process?

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