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August 29, 2019, 09:26 AM | #51 | |
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August 29, 2019, 09:34 AM | #52 | |
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On appeal, the defense argued that they weren’t trying to show that Fish knew of the prior aggression, they were just trying to show that the behavior Fish described was consistent with his attacker’s character. The appeals court agreed the evidence was admissible and sent the case back for retrial; however the prosecutor declined to pursue the case again. I’m not aware of whether the past behavior here was successfully excluded by the defense (not that it mattered much given the widespread publication); but it does go to show an aspect of self-defense shootings I don’t think many people appreciate. The jury doesn’t hear “your side of the story.” They hear what your lawyer can get admitted as evidence (and they (mostly) don’t hear what your lawyer can block the other side from admitting as evidence). I think in this case, admitting evidence of the previous conflicts was proper for the same reason it was proper in Fish’s case. I also think even if it had been excluded the jury could still reasonably conclude the attack had broken off before he fired. |
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August 29, 2019, 09:35 AM | #53 | |
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As i said i based that on seeing the video, my question still stands what does he base his opinion on. ( I agree. I think the jury was racist and reactionary) Does he know the jury, was he in court to form that view etc. Last edited by manta49; August 29, 2019 at 09:43 AM. |
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August 29, 2019, 11:47 AM | #54 | ||
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We'll keep that in mind when reading future posts from you.
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August 29, 2019, 11:55 AM | #55 | |
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Lets also remember, his view is in line with the jury's that found the shooter guilty. Your opinion is not. It is incumbent on you to support that your opinion is superior to the determination of the actual jury, guided by the actual judge, judge's instruction of the law and questions to the jury, and charging documents. Impugning his opinion, which again is in line with what happened in reality vs your opinion, is probably not the most supportable position to have. |
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August 29, 2019, 12:14 PM | #56 | |
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August 29, 2019, 12:16 PM | #57 |
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Manta are you saying, from your view the shooter is guilty as charged, guilty of shooting the victim, and that it was not self defense?
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August 29, 2019, 12:26 PM | #58 | |
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August 29, 2019, 12:38 PM | #59 | |
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August 29, 2019, 12:57 PM | #60 | |
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August 29, 2019, 01:51 PM | #61 | |
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https://www.flsenate.gov/Laws/Statutes/2012/0782.04 I don't see anything in the law that would fit the incident. If you disagree, feel free to explain exactly what part of the law applies to this case, and why.
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August 29, 2019, 02:03 PM | #62 |
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One could argue Murder in the Second Degree. (2) The unlawful killing of a human being, when perpetrated by any act imminently dangerous to another and evincing a depraved mind regardless of human life, although without any premeditated design to effect the death of any particular individual, is murder in the second degree and constitutes a felony of the first degree, punishable by imprisonment for a term of years not exceeding life or as provided in s. 775.082, s. 775.083, or s. 775.084.
I don't think evidence is sufficient to support a depraved mind absent a firm grasp of the adjudicated definition of that in Florida, and the DA didn't go for that. Me personally, clearly its First degree. Clearly there was aircraft piracy involved. Never trust someone with an eyepatch and a parrot on their shoulder. |
August 29, 2019, 02:55 PM | #63 | |
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Last edited by manta49; August 29, 2019 at 03:23 PM. |
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August 29, 2019, 03:21 PM | #64 | |
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For example in this instance, what if the shooter was the proverbial grandmother? |
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August 29, 2019, 03:22 PM | #65 | |
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Once I have been attacked under circumstances in which I have a reasonable fear of death or serious bodily harm, I am authorized to use deadly force. Period. I'm a senior citizen. I have a mechanically repaired heart, a bad back, a bad knee, and I'm facing the need to replace my hip. Being shoved to the ground by anyone, and certainly as hard as Drejka was in the case we're discussing, could very definitely cause me some very serious damage. So that attack is complete justification to draw a firearm. Then we get to whether or not Drejka should have shot his attacker. Immediately after the shove, McGlockton began to advance toward Drejka as Drejka was rolling around on the ground and trying to orient himself to the reality of a sneak attack. McGlockton broke off his advance only when he saw that Drejka had a gun. That's where the question of temporal distortion and tunnel vision come in. We have the luxury of watching the events unfold on a screen, in the comfort of our homes or offices. Drejka was lying on the ground, wondering what the heck just happened. He looks up, he sees a big, angry dude advancing on him, so he draws his gun to defend himself. Once that action had been set in motion, the question is how reasonable it is to think that -- in the heat and confusion of the moment -- he could have recognized that McGlockton had stopped advancing in time to arrest the firing of the gun. There must be a few other people here who are old enough to remember the shooting of Amadou Diallo in 1999. Diallo was approached late at night by four plainclothes NYC cops who thought he matched the description of a rapist. He reached into his pocket to take out a wallet with his ID, and four cops opened fire. The fired 41 shots, with 19 of them striking Diallo. Needless to say, he died. The cops were acquitted of murder. Shouldn't they have been able to stop themselves from shooting? Shouldn't they have been able to stop after one or two rounds each -- why did they all have to unload their magazines into the guy? Stress alters anyone's perceptions of both time and space. If you don't accept that, you're living in a fantasy world.
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August 29, 2019, 03:32 PM | #66 | |
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August 29, 2019, 03:42 PM | #67 | ||
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August 29, 2019, 03:42 PM | #68 | |
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The police department backed the officers. Stated that their actions were reasonable for police officers. This makes it much easier to create reasonable doubt in a few jurors. The officer WERE charged with murder 2nd, not manslaughter. They might have lost a manslaughter case in Florida.
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August 29, 2019, 03:44 PM | #69 | |
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August 29, 2019, 03:46 PM | #70 | |
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August 29, 2019, 04:06 PM | #71 | ||
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Last edited by manta49; August 29, 2019 at 04:23 PM. |
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August 29, 2019, 04:07 PM | #72 |
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I don't think the police were actually interested in stopping. There is no way they could have made out what was in his hands and they heard word "gun". In that day and age firing to slide lock was kind of the rule.
I will say in this case the shooter was pretty slow (probably due to just being knocked down). I wonder if had been faster and the pusher had not yet retreated when he started throwing lead if the outcome would have been different?
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August 29, 2019, 04:09 PM | #73 |
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I would leave out examples involving LEOs for obvious reasons. The Diallo case is particularly notorious.
IN this instance I am with you on the fact pattern until he is on the ground. At that point the victim disengages. You'll have to site case law where a non LEO is given the benefit of temporal distortion / tunnel vision etc. This case certainly does not support that. |
August 29, 2019, 07:09 PM | #74 | |
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August 29, 2019, 09:46 PM | #75 | |
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