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Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsAnother Stand your ground case is coming up in Florida
This one is tricky in that the dead victim did have a gun on him. But the Defendant is black can't wait to see how this case is tried.And guess what Du'ers its Angela Cory once again trying the case. http://articles.orlandosentinel.com/2014-01-17/news/os-metrowest-shooting-stand-your-ground-20140117_1_trayvon-martin-apartment-complex-metrowest
JRLeft
(7,010 posts)TorchTheWitch
(11,065 posts)He admits he pursued the victim, and the evidence shows that all the shots were in his back which indicates he was in retreat. It's not self-defense when at the moment you pull the trigger the person is in retreat including SYG. When the person is in retreat they are no longer a threat, and therefore, you can't shoot them, hit them with a bat, or your fists or whatever.
Further, though the defendant claims he was afraid the victim might have a gun because he had his hands in the pocket of his sweatshirt is also no reasonable reason to believe that what is in that pocket is a weapon... you have to be certain there is a weapon. The defendant also admits that he had no idea that the victim had a weapon on him at the time that he shot him... he didn't find that out until after he was arrested. Moreover, it doesn't matter that the victim had a weapon in his clothing... he never threatened anyone with it, and the defendant admitted he never saw a weapon nor was one pulled out or pointed at him. His claim of imminent threat of death or severe bodily harm was the the victim swung a bag or radios at him.
Lastly, after shooting the victim he fled the scene and never called the police. This is consciousness of guilt. Had he really believed that he legitimately shot someone, he either wouldn't have left the scene and called the police, or gotten himself to a safe place and immediately called the police. The fact that he never called the police and left means he thought he might never get caught at all, just like Dunn did... consciousness of guilt and believing they were not going to be caught.
Let's not forget that the victim also had a right to stand his ground when he was chased. In this case, the defendant admits to having chased after the victim whereas in the Zimmerman case Zimmerman claimed he didn't despite several witnesses claiming the heard running footsteps of more than one person.
There's nothing in SYG or the basic self-defense laws to indicate he will walk. In fact, the larger facts indicate that he won't.