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Re: Very "iffy" CCW shooting. [Re: jbyrd63] #6294038
08/04/18 09:08 AM
08/04/18 09:08 AM
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Va
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pass-thru Offline
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Originally Posted By: jbyrd63
Originally Posted By: pass-thru
A felonious assault as defined by FL law is one with a weapon, sex assault, or inflicting serious injury. How does this assault fit into that category?

When the assailant started moving backward, the assault was over...whether or not the gun had already been pulled. If the assailant had a deadly weapon in his hand, that changes the entire analysis. But he didn't.

The decision is the prosecutors and apparently he abdicated. However, even if the charge wouldn't have been indicted by grand jury, it still deserves to be front of them for decision.


One problem with your take is would he have started to back away if the guy hadn't had a gun??? You guys need to think about that


You can't analyze a situation on imaginary facts that didn't happen.

Re: Very "iffy" CCW shooting. [Re: racerboy108] #6301211
08/13/18 09:10 PM
08/13/18 09:10 PM
Joined: Jan 2007
Posts: 3,056
Morehead city NC
JakeDog Offline
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Originally Posted By: racerboy108
The shooter was the aggressor against a woman and a young kid. I to would of came out and confront him. He should be charged for murder.

We as carriers need to carry a strong line on everyone that carries. Him carrying gave him some feeling of power to go around and call people out.


Apparently the shooter was known for "brandishing" his firearm in road rage incidents? Known hothead basically and the pistol gave him perceived power. Kinda like hiding behind a keyboard.

Courts have him now he is charged with manslaughter! Sheriff overruled by prosecutor. Courts ballgame now.


J


Suppression rules/prevention drools

Confidence is going fly fishing for Moby Dick, in a row boat, and bringing tartar sauce with you.
Re: Very "iffy" CCW shooting. [Re: Finster] #6301236
08/13/18 09:37 PM
08/13/18 09:37 PM
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If the shooter has a history of brandishing, that is an extremely important factor, and hopefully will be admitted as relevant character evidence at his trial (404-b).

Of course the sheriff could not have know this in his rush to judgment before thorough investigation.

Re: Very "iffy" CCW shooting. [Re: Finster] #6301252
08/13/18 10:04 PM
08/13/18 10:04 PM
Joined: May 2009
Posts: 15,538
Champaign County, Ohio.
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KeithC Offline
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I hope the shooter dies in jail. In my opinion, he deserves to.

Keith

Re: Very "iffy" CCW shooting. [Re: Finster] #6301325
08/13/18 11:44 PM
08/13/18 11:44 PM
Joined: Dec 2010
Posts: 34,761
Central, SD
Law Dog Offline
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If someone parks in a handicap spot you call the cops not assault them if you want to know how it all could be avoided, just jack moves on both sides like a stupid fest!


Was born in a Big City Will die in the Country OK with that!

Jerry Herbst
Re: Very "iffy" CCW shooting. [Re: JakeDog] #6301340
08/14/18 12:11 AM
08/14/18 12:11 AM
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Posts: 4,381
Perham Minnesota 54
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Originally Posted By: JakeDog
Originally Posted By: racerboy108
The shooter was the aggressor against a woman and a young kid. I to would of came out and confront him. He should be charged for murder.

We as carriers need to carry a strong line on everyone that carries. Him carrying gave him some feeling of power to go around and call people out.


Apparently the shooter was known for "brandishing" his firearm in road rage incidents? Known hothead basically and the pistol gave him perceived power. Kinda like hiding behind a keyboard.

Courts have him now he is charged with manslaughter! Sheriff overruled by prosecutor. Courts ballgame now.


J


Good deal as the sheriff handled it wrong

Re: Very "iffy" CCW shooting. [Re: Law Dog] #6301341
08/14/18 12:14 AM
08/14/18 12:14 AM
Joined: Oct 2013
Posts: 8,763
East of the Mason-Dixon Line
DelawareRob Offline
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Originally Posted By: Law Dog
If someone parks in a handicap spot you call the cops not assault them if you want to know how it all could be avoided, just jack moves on both sides like a stupid fest!


Exactly. Shooter was looking for trouble. He wanted a reason to shoot. Play stupid games, win stupid prizes.


Who is John Galt?

You don't rise to the occasion, you fall to the level of your training.

Semper Paratus
Re: Very "iffy" CCW shooting. [Re: Finster] #6301343
08/14/18 12:16 AM
08/14/18 12:16 AM
Joined: Jan 2014
Posts: 20,914
North East Kansas
Marty Offline
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How is the shooter an aggressor for talking to someone? He stayed somewhat back from the vehicle and his manner was not aggressive at all.


E
'Honey Badger Militia'
Sleep, the anti woke adote.
Re: Very "iffy" CCW shooting. [Re: Marty] #6301352
08/14/18 12:32 AM
08/14/18 12:32 AM
Joined: Oct 2013
Posts: 8,763
East of the Mason-Dixon Line
DelawareRob Offline
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Originally Posted By: Marty
How is the shooter an aggressor for talking to someone? He stayed somewhat back from the vehicle and his manner was not aggressive at all.



He initiated the confrontation. He took the role as a vigilante wannabe cop. In my opinion.

I’m not sure what exactly transpired between the people involved. But, looking at the video, it appears the person who shoved the shooter to the ground was turning away. He didn't appear to be a threat to the shooters life. With that being said, I realize that I wasn’t in the shooters situation. I am also from a state that has no stand your ground law, I have a duty to retreat unless my life or the life of another person is in immediate danger. As a reasonable person. I don’t see how lethal force would be a justified response, if I was a juror looking only at the video and what has been reported, I would say guilty of manslaughter.


Who is John Galt?

You don't rise to the occasion, you fall to the level of your training.

Semper Paratus
Re: Very "iffy" CCW shooting. [Re: Finster] #6301361
08/14/18 12:47 AM
08/14/18 12:47 AM
Joined: Jan 2014
Posts: 20,914
North East Kansas
Marty Offline
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All he did was talk to someone.

The conversation is not audible and talking to someone is not being a vigilante wannabe cop.

A thug with a long criminal record assaulted him after illegally parking in the only handicapped spot.

How is he responsible for being assaulted?


E
'Honey Badger Militia'
Sleep, the anti woke adote.
Re: Very "iffy" CCW shooting. [Re: Marty] #6301367
08/14/18 12:56 AM
08/14/18 12:56 AM
Joined: Oct 2013
Posts: 8,763
East of the Mason-Dixon Line
DelawareRob Offline
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Originally Posted By: Marty
All he did was talk to someone.

The conversation is not audible and talking to someone is not being a vigilante wannabe cop.

A thug with a long criminal record assaulted him after illegally parking in the only handicapped spot.

How is he responsible for being assaulted?





He started the confrontation. Who gave him the authority to question if someone was illegally parked? Did he go to the police academy?

The shooter didn’t know the victims alleged criminal status when he shot him. Unless he did! Then it is premeditated murder?

The shooter has also been accused of brandishing during road rage incidents. Brandishing a weapon isn’t illegal here, but it is in Florida.

Seems like a real iffy shooting. Maybe he will get off. I just hope he has a good lawyer that knows Florida’s law.

I sure don’t.


Who is John Galt?

You don't rise to the occasion, you fall to the level of your training.

Semper Paratus
Re: Very "iffy" CCW shooting. [Re: Finster] #6301372
08/14/18 01:05 AM
08/14/18 01:05 AM
Joined: Jan 2014
Posts: 20,914
North East Kansas
Marty Offline
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If the shooter knew the thug was a thug before this how is it premeditated that he shot him after the thug pushed him to the ground?

If I know my neighbor is a criminal and he assaults me and then I shoot him is that premeditated?

How do you know what he was talking to the people in the vehicle about?

I hear no audio. Maybe he was asking for directions. Aside from that you do not need to be a cop to tell someone they are illegally parked. Plus telling someone they are illegally parked is not initiating a confrontation it is a conversation.

The charges were brought against him to appease the black thugs. The same as Zimmerman.


E
'Honey Badger Militia'
Sleep, the anti woke adote.
Re: Very "iffy" CCW shooting. [Re: Marty] #6301375
08/14/18 01:15 AM
08/14/18 01:15 AM
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East of the Mason-Dixon Line
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Originally Posted By: Marty
If the shooter knew the thug was a thug before this how is it premeditated that he shot him after the thug pushed him to the ground?

If I know my neighbor is a criminal and he assaults me and then I shoot him is that premeditated?

How do you know what he was talking to the people in the vehicle about?

I hear no audio. Maybe he was asking for directions. Aside from that you do not need to be a cop to tell someone they are illegally parked. Plus telling someone they are illegally parked is not initiating a confrontation it is a conversation.

The charges were brought against him to appease the black thugs. The same as Zimmerman.



The victims prior criminal status really has nothing to do with any of it. I don’t what he was talking to the driver about, because I wasn’t there. I can only go by what he said he was talking to them about. From the news article. He stated he confronted them about parking illegally, he wasn’t asking for directions. Per his admission. You don’t need to be a cop to tell someone they are illegally parked, But that still doesn’t make it your business. Maybe if people kept their mouths shut more often they wouldn’t find themselves in situations.

And I agree that these charges are likely to appease the race baiters and thugs. Same as Zimmerman.


His shooting was totally justified by the way.


Who is John Galt?

You don't rise to the occasion, you fall to the level of your training.

Semper Paratus
Re: Very "iffy" CCW shooting. [Re: Finster] #6301379
08/14/18 01:25 AM
08/14/18 01:25 AM
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Va
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Who are the race baiters in this case? The dead man's family? Seems like the charging decision was made after this story was forgotten by the 24 hour news cycle.

Re: Very "iffy" CCW shooting. [Re: Finster] #6301444
08/14/18 07:34 AM
08/14/18 07:34 AM
Joined: Jan 2014
Posts: 20,914
North East Kansas
Marty Offline
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If the thugs parked legally he would have not had to talk to them.

The thugs prior criminal status has as much to do with this as the brandishing you claim the shooter did has to do with this.

The shooter did not break a law, he told them not to park in the handicapped spot. The thug broke the law and drew first blood.

Probably should not bring a shove to a gun fight. The shooter will be acquitted.


E
'Honey Badger Militia'
Sleep, the anti woke adote.
Re: Very "iffy" CCW shooting. [Re: Marty] #6301468
08/14/18 07:58 AM
08/14/18 07:58 AM
Joined: Nov 2015
Posts: 16,951
OH
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Originally Posted By: Marty
If the thugs parked legally he would have not had to talk to them.

The thugs prior criminal status has as much to do with this as the brandishing you claim the shooter did has to do with this.

The shooter did not break a law, he told them not to park in the handicapped spot. The thug broke the law and drew first blood.

Probably should not bring a shove to a gun fight. The shooter will be acquitted.

Personally I think it was a bad shoot when you look at it, but the shooter was viciously attacked. From what I read of the stand your ground law, I agree with Marty, he'll be acquitted. The prosecutor imo is making the family and any protesters feel better. I should add, or the prosecutor is a anti-gun lib.

Last edited by Catch22; 08/14/18 08:14 AM. Reason: Added another thought

I wonder if tap dancers walk into a room, look at the floor, and think, I'd tap that. I wonder about things.....
Re: Very "iffy" CCW shooting. [Re: Catch22] #6301472
08/14/18 08:04 AM
08/14/18 08:04 AM
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East of the Mason-Dixon Line
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Originally Posted By: Catch22
Originally Posted By: Marty
If the thugs parked legally he would have not had to talk to them.

The thugs prior criminal status has as much to do with this as the brandishing you claim the shooter did has to do with this.

The shooter did not break a law, he told them not to park in the handicapped spot. The thug broke the law and drew first blood.

Probably should not bring a shove to a gun fight. The shooter will be acquitted.

Personally I think it was a bad shoot when you look at it, but the shooter was viciously attacked. From what I read of the stand your ground law, I agree with Marty, he'll be acquitted. The prosecutor imo is making the family and any protesters feel better.


I can accept that.


Who is John Galt?

You don't rise to the occasion, you fall to the level of your training.

Semper Paratus
Re: Very "iffy" CCW shooting. [Re: Finster] #6301512
08/14/18 08:29 AM
08/14/18 08:29 AM
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West Michigan
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The hole thing depends on what State you live in. By looking at the video only it would not fly in Michigan, but who knows. Only the shadow knows JMO


To Old
U.S. Army 60-63 SGT.
Re: Very "iffy" CCW shooting. [Re: Finster] #6301517
08/14/18 08:37 AM
08/14/18 08:37 AM
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Morehead city NC
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whatever it is or however it comes out I think it should have gone to trial, charges filed not just say that that was "stand your ground" laws. May come out aquitted? or some years in jail???? jury decodes but he shoul dhave been charged? with video and all that was skitz shoot from the getgo.

J


Suppression rules/prevention drools

Confidence is going fly fishing for Moby Dick, in a row boat, and bringing tartar sauce with you.
Re: Very "iffy" CCW shooting. [Re: Finster] #6301554
08/14/18 09:27 AM
08/14/18 09:27 AM
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Perham Minnesota 54
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In the report it said there was a confrontation going on between the shooter and the woman and someone went into the store to tell the clerk and the boyfriend heard it and went outside.

We can't hear audio but witnesses states words were being thrown. And his body language shows the same.

The shooter was going around looking for fights and challenging people. And using his gun to intimidate his position.

It could even be that people were tired of his actions and it's why the victim reacted the way he did.

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