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Old 07-26-2018, 12:54 PM   #1
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Andrew Branca on FLA handicap parking spot shooting

Just FYI, we've posted up this week's Case of the Week blog
post over at our Patreon page--it's part of our free content
there (pretty much all our blogs pasts are freely accessible), so
you don't need to be a paying patron to access.

This COTW is the Florida handicap parking spot shooting last
week, and the local Sheriff's announcement that his reading of
Florida law prohibits him from making an arrest in this case. We
do a step-by-step analysis of the surveillance video of the
shooting, applying the five elements of self-defense.

You can access that blog post here:
https://www.patreon.com/posts/cotw-florida-20318837

Enjoy!
--Andrew

Attorney Andrew F. Branca
Law of Self Defense LLC
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Old 07-26-2018, 01:03 PM   #2
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Hmmmm, really good point:

[quote- Andrew Branca]"Tone" does not lose you innocence--words alone are not a threat of imminent force. There's no such thing as a "verbal assault" for use-of-force purposes, absent an actual threat of physical harm, and there's no evidence of such threat here. Even the girlfriend didn't claim any such threat. And it can't be mutual combat, because the shooter was ambushed by the boyfriend. There was no agreement, implicit or explicit, to fight the boyfriend.[/quote]

In answer to:
Would the shooter's verbal assault on the girl friend make him vulnerable on innocence and reasonableness? To my mind, speaking to her in a civil tone would have been reasonable. Shouting insults was not. At the same time, the victim's response was excessive. This sounds like mutual combat between a self appointed parking lot monitor and a hot head ready to escalate an argument into a fight.

And, another commenter:

...one thing I've learned from LOSD and the cases covered is that what the statutes say and what the courts interpret/enforce/allow are not always what one would think.
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Old 07-26-2018, 03:28 PM   #3
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Note the author uses two characterizations to describe the men. One is the shooter and the other is the victim.

I don't know who the author is but I certainly disagree with his characterization of the decreased being the "victim" in this situation. The shooter was the victim of an unprovoked violent attack by the deceased perpetrator.
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Old 07-26-2018, 04:14 PM   #4
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The Perp is the victim. Of his own stupidity. You have an older man shoved so hard it took him off his feet by a much larger man out of nowhere. That could have killed him in itself had he hit the pavement harder with his head. Absolute good shoot. Stupid is as stupid does.
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Old 07-26-2018, 07:16 PM   #5
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so an armed guy provokes a women that was in fear for her life gets pushed by a good samaritan .. the armed criminal shoots the good samaritan and gets away with it.....
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Old 07-26-2018, 07:36 PM   #6
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Originally Posted by Shootinit View Post
so an armed guy provokes a women that was in fear for her life gets pushed by a good samaritan .. the armed criminal shoots the good samaritan and gets away with it.....
Have you watched the video? He was never closer than 3 feet and didn't look to me like he was a threat to her. Talking at best, no audio to verify but body language was far from threatening. . Again, HE was attacked. Disparancey of force also applys here with a much bigger younger adversary who already assaulted you.
Everything for self defence is there Ability to inflict bodily harm, the attacker was younger and bigger.
Opportunity, yes, nothing between him and the attacker.
JEOPARDY, already assaulted which could have already caused death or great bodily harm.

Last edited by Albert.Cairns; 07-26-2018 at 07:41 PM.
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Old 07-26-2018, 07:41 PM   #7
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I read it, i understand it, I am a reasonable person, and I disagree with the blog. That, however is all beside the point. The sheriff and prosecutor have made their decision.
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Old 07-26-2018, 08:57 PM   #8
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Originally Posted by Albert.Cairns View Post
Have you watched the video? He was never closer than 3 feet and didn't look to me like he was a threat to her. Talking at best, no audio to verify but body language was far from threatening. . Again, HE was attacked. Disparancey of force also applys here with a much bigger younger adversary who already assaulted you.
Everything for self defence is there Ability to inflict bodily harm, the attacker was younger and bigger.
Opportunity, yes, nothing between him and the attacker.
JEOPARDY, already assaulted which could have already caused death or great bodily harm.
so you are cool with an armed man 3 feet away from you yelling at you? she should have kicked him in the nuts
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Old 07-26-2018, 09:07 PM   #9
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Originally Posted by Shootinit View Post
so you are cool with an armed man 3 feet away from you yelling at you? she should have kicked him in the nuts
You didn't know he was armed untill he was attacked. Should he have minded his own business? Yes. And the dipshit that assaulted him should have told him that instead of what he did. Bottom line is if he wouldn't have been barney badass and assaulted the guy with force he wouldn't be room temp.
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Old 07-26-2018, 09:21 PM   #10
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The fact there hasn't been an uprising in the Tampa Bay area has me scratching my head? Makes me wonder just how much those mythological "paid agitators" may have had to do with things elsewhere?
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