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Stand Your Ground Florida, Stand Your Ground

I find it bizarre that people attempt to justify the physical attack by relying on the completely inappropriate application of the word spouse. the fact that the entire position kicks off with that lie is indicative of the lack of merit of every 'argument" that follows, particularly but most egregiously "the attack first and ask questions later" model.

If he was serious about protecting the occupants of the car, he could have and should have interposed his body in between them.

Did he choose this option? hell no, he saw someone in a vulnerable position and attacked.

He chose poorly.

(the irony is that this is based on the fact that attacker had only a few seconds, while not affording the victim the benefit of a much shorter time period to assess the threats after the attack)
 
Spouse simply means life partner. Whether in a private union, a civil union, religious marriage, common-law marriage. It doesn't matter.

Of course, most racist ass religious conservatives think that only one definition is the real definition. Which, of course, is the definition that correlates with them believing in sky faeries.

Just like how their sky faeries tell them that marriage can only be between a man and a woman.
 
Spouse simply means life partner. Whether in a private union, a civil union, religious marriage, common-law marriage. It doesn't matter.

Of course, most racist ass religious conservatives think that only one definition is the real definition. Which, of course, is the definition that correlates with them believing in sky faeries.

Just like how their sky faeries tell them that marriage can only be between a man and a woman.

Well considering that they attacker and his girl friend did not use that word to describe their relationship, it is very transparent that the arguments made are not fact based, but are imbued with false claims and fallacies.

Would the arguments be that much worse if your used the correct terms, or something like "mother of his child," instead it is like one is deliberately infusing the arguments with a lie to make them intentionally worse.

Thanks tho for that, and the especially ad hominem/bigotry 'sky fairy" nonsense at the end.
 
Well considering that they attacker and his girl friend did not use that word to describe their relationship, it is very transparent that the arguments made are not fact based, but are imbued with false claims and fallacies.

It doesn't matter is she was his spouse, his girlfriend, his common law wife, or if they had shacked up 15 mins earlier. Your continuing to blow the minute issues out of proportion and desperation to believe that revenge shootings are justifiable show exactly how weak your arguments are.
 
Well considering that they attacker and his girl friend did not use that word to describe their relationship


First of all you do not know this. Secondly, most couples don't go around saying "Oh, spouse!". It's a ****** technical term.

it is very transparent that the arguments made are not fact based, but are imbued with false claims and fallacies.


You don't like one word being used because of religious nonsense and suddenly that allows you do believe that the entire claim is false. That's some solid logic there.

You repeatedly say that the 50 year old white guy did not have enough time to think. But when reminded that the 25 year old black guy did not have enough time to think you respond with ""BUT HE WASN'T MARRIED IN A CHURCH DURRRR".
 
Lets break it down, shall we because there is something big missing:

"However, the severity of the initial attack, and the power of your imagination {ed. Note the irony} are rendered meaningless by the fact that in my opinion the attack had stopped."

Fixed that for you.

Weird how many folks think their opinions are facts in connection with this assault.

The stomping was prevented by a guy with a gun.

YOU said the attack was stopped by the drawing of a gun. YOU! His internet lawyer. And you have incriminated your client.

The stomping is in YOUR imagination. Another failure in your role as internet lawyer.
 
There is something important (bolded below) that I'm pretty sure no one is keeping in mind about McGlockton.

He had a spouse outside in the car with a 3 year old and a newborn baby.

He is told by witnesses that someone is outside yelling at the woman.

The man does not have any idea why that is.

Actually, that's NOT important. It might be important if McGlockton were on trial for assault. But subsequent events have made that question moot.

I'm not sure why both you and TBD are hung up on arguing this point, since the case against Dejka doesn't depend on it.
 
How do we go about that, start with repealing the first amendment?

Folks, the dead guy would be alive right now if he did not initiate the violence.

period.

That's probably true, but it doesn't absolve Dejka. The law of self defense doesn't let you do anything you want so long as the other guy started it. That's not how it works.
 
How do we go about that, start with repealing the first amendment?

Folks, the dead guy would be alive right now if he did not initiate the violence.

period.

The First??? Not surprising, you have no idea what the First Amendment is all about if you think it gives the man the right to walk up to people an harangue them. The First is not simply about your right to be a horse's ass, that's a basic human right(which some of us avail ourselves of regularly). It's about the government impinging on that right.

The dead guy would be alive right now if the not-dead guy hadn't murdered him.

The dead guy would be alive right now if the not-dead guy hadn't gone over and started berating the girlfriend. You seem to be oh so concerned about the mental state of the murderer, but by your own Tu Quoque Law Enforcement standards, "He Started It".

He's not LEO. He's an armed idiot with an attitude. Bottled courage is a familiar phenomenon; this is concealed carry courage. He'd threatened to shoot people in the past. This time he did it. Wanna bet his favorite line from a movie if "Go ahead. Make my day"?

I think it's interesting how you try to mischaracterize the criticism of your strange views as "victim blaming". The murderer is not the victim, here. The dead guy is and you've done nothing but victim-blame him and his girlfriend.

>>> And I'm still waiting for you to explain and/or apologize for your comment that she should've parked "like a human being". I have every assurance from experience that you will continue to avoid that question.
 
The murderer is not the victim, here.

He's a victim here. But he's not the only victim. And TBD should know that claiming the mantle of victimhood doesn't excuse your own behavior. It's a common complaint from conservatives that liberals try to pull that move, he shouldn't be trying it himself.
 
The dead guy would be alive right now if the not-dead guy hadn't murdered him.
And the not-dead guy would be in jail right now if the dead guy wasn't an N-word. Which is what makes the not-dead guy's defenders here so anxious to defend him.

And that's a feature, not a bug, of Florida's SYG law. They might as well have called it the "kill a ****** and walk" law.
 
Actually, that's NOT important. It might be important if McGlockton were on trial for assault. But subsequent events have made that question moot.

I'm not sure why both you and TBD are hung up on arguing this point, since the case against Dejka doesn't depend on it.



Let me rephrase. You are correct in that it is not important now because of all of the (blindingly obvious) information we have from after the push.

But I'm trying to explain to TBD that if it went down after the push like he thinks it did (which it didn't) then there would still be a huge problem in that the man was likely justified in pushing the shooter away from his family.


ETA: In a similar sense that if someone yells FIRE in a crowded theater it is on them if someone is violently pushed on the way out. Not the pusher. (Well, on them also, at least.)
 
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He's a victim here. But he's not the only victim. And TBD should know that claiming the mantle of victimhood doesn't excuse your own behavior. It's a common complaint from conservatives that liberals try to pull that move, he shouldn't be trying it himself.

Yes, and it goes back to the tu quoque.... who started it?

Baby Mama for parking in the handicapped spot?
Dead Guy for telling her to do so "We'll only be a minute"
Make My Day Guy for going over and meddling and haranguing her?**
Dead Guy for shoving him down.

I'm leaving out "Make My Day Guy for killing him" as that's the end result. In the Tu Quoque Blame Apportionment Game the target is to move around enough blame so that Donald can say "bad actors on both sides, here".

**The salient factor about the haranguing, to me, is that while we're going to assume that we're all saints and would never take a handicapped parking space... She was in the car. If someone came along with a need for the space, she could simply slip it into gear and pull out. I've sat idling in front of fire hydrants or in a double-parking position numerous times. I can just pull out and circle the block and pick up my baby mama when she comes out.
Naah, this was just a guy itching for a fight.
 
**The salient factor about the haranguing, to me, is that while we're going to assume that we're all saints and would never take a handicapped parking space... She was in the car. If someone came along with a need for the space, she could simply slip it into gear and pull out. I've sat idling in front of fire hydrants or in a double-parking position numerous times. I can just pull out and circle the block and pick up my baby mama when she comes out.
Naah, this was just a guy itching for a fight.

I know the one place where I have been sorely tempted to park in a handicapped spot was at 7-11 or some similar establishment. We don't have Circle-A where I live, but they're all alike. They have very small parking lots, but one or even sometimes two of the six or so spaces are designated for handicapped. Plus, none of the spaces are very far away, and the average time in store is just a couple of minutes anyway. If you really want a spot that is 10 feet closer to the door, wait two minutes.

I never do park in that space, but I assure you it is because of fear of the ticket, not because I fear that I might be making life difficult for a handicapped person. At a shopping mall, I would never park in a handicapped spot, because I wouldn't want an old or handicapped person to have to walk from the distant space, but at a Circle-A? Meh.

However, none of that actually matters as far as charges against the shooter go. It just doesn't matter where the guy parked, or who yelled at him or his wife (commonlaw or otherwise) for parking there.
 
And the not-dead guy would be in jail right now if the dead guy wasn't an N-word. Which is what makes the not-dead guy's defenders here so anxious to defend him.

And that's a feature, not a bug, of Florida's SYG law. They might as well have called it the "kill a ****** and walk" law.

Given that blacks are victims of violent crime at a significantly higher rate than whites, why is making it easier for people to defend themselves against violent crime seen as racist?

Florida's self defense law protects anyone of any race who uses deadly force to legitimately defend themselves. For an example of Florida law protecting a black man:
https://legalinsurrection.com/2014/...ants-self-defense-immunity-to-black-defender/
This isn't specifically a stand your ground case (ie, the question of duty to retreat isn't the issue), but that law comes into play because of the immunity to prosecution that it grants in cases where the evidence against self defense is weak (ie, the defendant doesn't even have to go to trial if the prosecution can't show enough cause).
 
Given that blacks are victims of violent crime at a significantly higher rate than whites, why is making it easier for people to defend themselves against violent crime seen as racist?

Florida's self defense law protects anyone of any race who uses deadly force to legitimately defend themselves. For an example of Florida law protecting a black man:
https://legalinsurrection.com/2014/...ants-self-defense-immunity-to-black-defender/
This isn't specifically a stand your ground case (ie, the question of duty to retreat isn't the issue), but that law comes into play because of the immunity to prosecution that it grants in cases where the evidence against self defense is weak (ie, the defendant doesn't even have to go to trial if the prosecution can't show enough cause).

One instance does not a case prove. Has anyone done a meta-study? I fear that as usual the details are out there but in five different databases and no one's put them altogether yet, compounded by various jurisdictions where it may be illegal to keep race statistics (I know, not likely in FL). You'd need the ratio of black gun owners to white gun owners, the numbers of incidents where the "perps" tried to use SYG, the numbers of incidents where the cops accepted SYG and DA refused to prosecute, and the number of cases where there was prosecution and what number/ratio of convictions. And all of this broken down by White/Non-White.

The Daily Caller did such a report based on a flawed DB from a Tampa newspaper and the claims of SYG defense by blacks were disproportionate to their percentage of the population. Has anyone else kept a database and is there such a report available? The fact that blacks have used SYG more often may simply reflect a fact we're all aware of, that blacks are more often the victims of violent crimes. The need to defend may simply be proportional to the rate of incidence.

In theory but not in practice.

See above. This isn't a hobby of mine. Do we have any actual data that you know of?
 
The Daily Caller did such a report based on a flawed DB from a Tampa newspaper and the claims of SYG defense by blacks were disproportionate to their percentage of the population. Has anyone else kept a database and is there such a report available? The fact that blacks have used SYG more often may simply reflect a fact we're all aware of, that blacks are more often the victims of violent crimes. The need to defend may simply be proportional to the rate of incidence.

That is what I would expect. But I don't have hard numbers, and the Tampa Bay database is problematic.
 
I consider you an honest poster, so I don't want to descend into semantics or point scoring or arguing for the sake of arguing, please don't interpret my responses as an attempt to move in that direction.

Thank you for that. So many threads get bogged down in the BS, and it's great to see that proactive attitude to keep discussion constructive.

My apologies if I misunderstood you, but in the context of a conversation about SYG and self defense I took fighting to mean, well actually fighting rather than a metaphor for verbal disagreement. I might say "I got in a fight with my boss at work today", but if the person I was talking to said "What, a real fight?" I'd know the distinction they were drawing and so, I believe, would most people. Genuinely, maybe there's a subtle difference between British and American semantics in this respect.

IME, saying 'picking a fight' normally means a verbal confrontation that is intended to escalate, though not necessarily to the physical. In this thread's context, your criticism is fair; the subject matter is floating between the different types and it is far clearer to draw a sharper line between the descriptors of conflict types.

Is it SYG if you get out of your car to confront them? That seems unlikely to me. If you don't trust Captain Cuckoo I think you'd be safer in your car with the doors locked on the other side of the car park than standing nose to nose with him leaving your kids in the car alone. She doesn't act like she's scared of him, angry, yes, but not scared. She's in the wrong and doubles down, yes people do that all the time but it doesn't make them right to do so.

This gets a little tricky. I think she is still standing her ground, just adjusting to a better defensive position. There is no way I would want to be a literal sitting duck in a fighting (literal) situation, so I see her getting out as doing two things: opening the door forces Drejka temporarily away from the car, and puts her (Jacobs) in a far better defensive stance. True, she may have simply been posturing as the badder bad-ass, or genuinely been so, but I would see it as improving your defensive position rather than escalation of conflict.

A lot of this would be dependent on what we don't know. Was Drejka foaming at the mouth, saying 'move this jalopy (thanks to TBD) or I'll make you wish you had', or was it more a quiet 'why are you parked here? There are plenty of available spaces'. Which of these two was the prime aggressor hinges on their words, I think.

Cause no one ever picked a fight over a football team. Maybe this is a cultural thing, but up to the point that he pulled the gun out he would probably have been considered a 'good guy' in the UK. Healthy people without permits parking in disabled spaces is considered a bad thing and third parties attacking the person pointing it out is considered worse. I know Don't you honestly think the narrative about the events leading up to him hitting the ground would be viewed completely differently if he'd hit his head and been seriously injured or killed? The events would have been the same but we're projecting the end of the confrontation back.

Good question. I don't think it would, except for the additional sympathy for the accidental consequence. I would still see it as a busybody looking to jab a finger in someones face, and some of those someones have less respect for law and order than you might like. More below, re anecdote.

Once again, not defending the shooting but I see the escalation from a verbal disagreement to physical violence as a significant step up in the confrontation. These weren't two people confronted by a third who kept ramping up the pressure until they were forced to act. All three of them actively increased the level of threat at one stage or another. Frankly I think that when these three people ran into each other it was going to end badly for someone.

You're right, these cats were the perfect storm of personalities to result in disaster. Many people would interact in similar manners, and that's why I place far more blame on Drejka. He initiated it out of the blue, and evidently kept going even after she clearly was not moving. He could have browbeat, and if she was not shamed into moving, been on his way, or called police. But he evidently kept going, escalating.

Drejka initiated the unnecessary confrontation. He pressed it, evidently relentlessly enough to draw the attention of others. And of course, he escalated to lethal force. This does not excuse McGlocklin or Jacobs, but they did not start or end this. They were Drejka's target du jour.

Anecdote: This has me thinking about a good friend I now have. We met completely by chance in a pub and got into a conversation about this subject. I was rather drunk at the time and I remember saying to him "It doesn't matter if I call you the ugliest lanky bastard in Earth, if you throw the first punch in response to words, you're in the wrong." That's the position I hold ( I'd also extend that to escalating to deadly force in the face of a non lethal, to your knowledge, threat).

You would be absolutely right, legally. Would that console the mourners at your funeral if things went south? This may be a difference in view we have: if Mr. Policeman is not around, legality is very very secondary to me. Others may have no compelling desire to comply with law, and as posted upthread, I would also prefer to deal with the legalities after I and others have made it home intact. That's why I blame Drejka so heavily. While there is nothing necessarily illegal about playing parking cop and initiating a confrontation, it is (to resurrect my previous expression) picking a fight. That you might very well get, and in spades. IMO, you can't cry victim when you go out of your way to provoke the response. I don't want my tombstone to read 'Here Lies Thermal. He was legally right'.
 

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