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Applies to Florida Recent Stand Your Ground?

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Old Jul 27, 2018 | 11:42 AM
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Default Applies to Florida Recent Stand Your Ground?

The Jury on Your Shoulder

By John Caile // 07/27/2018
Without a doubt, the single most common reason an armed self-defense claim loses in court is what the defendant did leading up to the event. One of the long-standing common-law requirements of a legitimate self-defense claim is that the defendant did not in any way initiate, aggravate or otherwise escalate the confrontation in which he or she found himself or herself.
I have investigated and sat in court on numerous cases in which the legally armed citizen made such huge mistakes in judgment. In almost every instance, the defendant should have known better. Probably the most obvious example of bad judgment is road rage.Seriously, why anyone, especially someone who is legally carrying a firearm, would let himself or herself get sucked into such a confrontation is hard enough to understand, but to actually provoke the conflict by engaging in behaviors such as flipping off another driver is simply the height of stupidity. Yet time and again, we see it happen.
In the classic John Belushi comedy Animal House, one of the characters is shown with a good angel and a bad angel on his two shoulders. Naturally, the bad angel urges him to do something he knows he should not do. Just as predictably, the good angel acts as his conscience, advising him to “do the right thing.”In my own carry classes, I sometimes use this humorous example, telling students to imagine that they have a kind of “jury angel” sitting on their shoulders. Then, whenever they are about to do something that just might not be such a good idea, they can ask themselves, “What would a potential jury think of what I am about to do, especially if it leads up to my having to use lethal force?”
Think of all the behaviors preceding a confrontation that could be used against you. Suppose you are walking in the city with a friend, minding your own business, and a couple of street thugs ask you for money. When you say, “No thanks,” they make a clear threat, again demanding that you give them money “if you know what’s good for you” while getting up close and personal. You put your left hand up while reaching for your gun with the other, saying, “Back off!” The assailants run off.Being well-trained, you immediately call 911 and report the brief encounter, perhaps even giving a description of the offenders and which way they went. However, your attackers have also called the police and reported how, while “innocently panhandling,” you called them racial or ethnic slurs and threatened them with your gun.

Hopefully, with the corroborating testimony of your friend and the likelihood that the young men had some history with the law, nothing much will come of it. But what if surveillance cameras (or the increasingly ubiquitous smartphone cameras) catch you just a few minutes before the altercation? And what if the video seems to show you engaging in an aggressive verbal confrontation with some other individual, ending with you flipping off the other party?As we have seen in numerous recent cases, such videos can have an enormous effect. Suddenly, the story told by the failed muggers might appear to have some truth to it since your apparently angry demeanor in the video tends to support their description of your behavior toward them.

Bottom line: Pay attention to the “jury angel” on your shoulder. It might just keep you from doing something stupid or even legally problematic.
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Old Nov 24, 2018 | 07:03 AM
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Stand Your Ground Gas Station Assault

By Rick Sapp // 11/02/2018
No matter how much I insist that I will steer clear of popular but time-consuming social media sites such as Facebook, I’m pulled back inside — like Silvio in Sopranos.Still, every now and then, I’ll come across a post which makes it worth my while. As an example, here are contrasting videos from which we can watch and learn. Both contain violent attacks, so view them with discretion:No. 1:No. 2:Both of these Florida convenience store parking lot incidents were captured by surveillance video.In the first video, which shows the shooting of a man in August 2018, concealed carry permit holder Michael Drejka decides it is his job to enforce public decency. He shoots Markeis McGlockton, who had shoved him to the ground before backing away. Drejka has subsequently pleaded not guilty to the charge of manslaughter.The second video, from September 2018, needs careful review. In it, a woman named Julia Napiontek, 18, attacks a barefoot blonde woman and her children. When the beating is over, Napiontek and boyfriend Brandon Clanton, 18, walk away — but then unexpectedly return to continue the attack. At one point, an 11-year-old victim flees across the parking lot. The blonde female victim runs after her and they take cover near the fuel tanks as Clanton and Napiontek get in a car and drive away. Clanton does not appear to hit any of the female victims but can be seen scuffling with a male victim who had been inside the store when the attack began.
A still image from a surveillance camera outside a Silver Springs, Florida, convenience store Sept. 22, 2018, shows a woman identified as Julia Marie Napiontek attacking a family of strangers — including an 11-year-old girl — in what sheriff’s officials said was an unprovoked attack. A bystander calmly watches the beating. Napiontek and her accomplice Brandon Clanton, both 18, have been charged with battery in the case. Napiontek is also charged with aggravated child abuse; Clanton, with battery of a police officer. (Photo courtesy of Marion County Sheriff’s Office)
An uninvolved male bystander is seen calmly watching the attack while sipping from a fountain drink. He shrugs and walks away.According to the YouTube video script, “The victims told deputies that they did not previously know their attackers, and that there was no motive for the confrontation.”According to the Marion County Sheriff’s Office, “Deputies pulled the surveillance footage from the store and easily identified the assailants.” The sheriff arrested Napiontek and charged her with battery and aggravated child abuse. They arrested Clanton for battery and assault on a law enforcement officer.The assault was not the first time Clanton has been charged with violently attacking a stranger. Clanton was apparently out of jail on bond after being charged with aggravated child abuse in an August attack on a 17-year-old boy at another convenience store … again without provocation. The victim in that attack had gone into the store to buy a drink for his grandmother and ended up needing seven stitches to his face.Since the attacks, Napiontek has been released on bond from the Marion County Jail. Repeat offender Clanton is being held without bail at the time of this writing.Many aspects of this incident are disturbing. First, the unprovoked and apparently random nature of the attack. Second, the guy who watches and then simply walks away.I’ve been in various altercations in life. Growing up in the ‘50s and ‘60s, boys routinely scuffled with fists and rocks. It was expected. Now, parents immediately call a lawyer and the local SWAT team comes screeching onto the playground.These days, I carry a .380 in a cross-draw holster. As someone who is neither a parking lot monitor nor a licensed defender of public mores, I’m pretty sure that I would never be in a situation similar to Drejka’s (which led to the death of McGlockton). On the other hand, I watch video No. 2 and wonder. An unprovoked, random attack can certainly happen anywhere and at any time.So what would you do? What should the “innocent bystander” have done? What’s the right thing here? Isn’t protection from this type of assault one of the reasons we carry?
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50's Diner US19.... A Florida Attraction.
1730 US-19, Holiday Fl 34691 click: https://www.tamparacing.com/forums/t...acing.html CHRA sanctioned cruise-in.
Cruise-In; Free; Every Saturday 5-8PM plus 10% off the whole menu to cruisers
50's Diner pictures are here:
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Tampa Racing.com covers the Tampa car scene and supports many fund raisers, worthy causes and events that enrich our community. We hope you enjoy them all.
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Old Nov 24, 2018 | 07:23 AM
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Questionable Choices

By John Caile // 10/26/2018
Regular readers know that I often use defensive gun incidents involving civilians as teachable moments, helping all of us who carry firearms to learn from the misfortunes of others. Just such a case recently occurred in my home state of Florida.According to ABC News, Michael Dunn, who happens to be a Lakeland, Florida, city commissioner, “has been accused of fatally shooting 50-year-old Christobal Lopez at Dunn’s business, Vets Army & Navy Surplus store.” Dunn claimed the Oct. 3 incident “began when he suspected Lopez was trying to leave the store without paying for an item.”

The report further states that “Lopez, an agricultural laborer, entered the store with his father. As [Lopez’s] father was making a purchase, Dunn reportedly witnessed Lopez trying to steal a hatchet. Dunn stopped him and asked if he was going to pay for the item, then a confrontation ensued.”CBS published surveillance video that shows Dunn grappling with Lopez as he tries to leave, then firing at Lopez, who

is seen still holding a hatchet in his right hand. Video (shown in four segments — No. 4 is key) available at: https://www.cbsnews.com/news/lakelan...oplifter-dead/Dunn made a huge mistake: He talked openly to the police. And as often happens, he basically undermined his own defense. According to NBC, “Lakeland

police said in an affidavit that Dunn did not indicate Lopez made any threatening statements and admitted to shooting Lopez twice. One shot hit Lopez in the left side of his body and the other in his back, police said.” Lopez was pronounced dead at the scene.Dunn reportedly then tried to claim that he was in fear of harm, which, given that Lopez was holding a hatchet, could potentially be seen by a jury as credible. But

when he was asked by police what would have happened if he had just let go of Lopez, Dunn replied, “It might be fair to say that if I just stepped back and let somebody come in and take what they want, that there would be no issue.”State Attorney Brian Haas could have filed charges himself; however, he sent this case to a grand jury. This often happens when the defendant is a public official or a police officer

and/or the case has other controversial elements. In any event, late last week the grand jury came back with an indictment for second-degree murder. If convicted, Dunn faces up to life in prison.As with most defensive shootings, the details of this case will take some time to uncover. But regardless of the merits of this particular case, just remember that after any defensive gun use, you should never talk to police without

your attorney, especially if there has been a fatal outcome.Remember, nothing you say is going to help you, and more than likely it will hurt you. As hard as it will be, keep your mouth shut! Let your attorney do his or her job, which you will only make that much more difficult if, by the time your attorney arrives, you have already made potentially incriminating statements.As a side note, many media Fake News pundits tried desperately to make this case about Florida’s “stand your ground” law, even though it likely wouldn’t apply, and the defendant has made no claim under the law. No matter, the media will doubtless continue their assault on SYG.
__________________
Here is the listings of ALL New Mexico Car Events Including Route 66 Anniversary
https://www.tamparacing.com/forums/t...ar-events.html
Top Car Club Meetings? Click a city
Got a video? Email it to
Bobfixesitup@yahoo.com
________________________________________________


Keystone Motor Club (Founded 2012)... Free car show Every 3rd Saturday, newsletter is
https://www.tamparacing.com/forums/e...-car-club.html

Keystone picture gallery is here:
https://carstoshow.com/eventdetails.aspx?eventid=93202

Veterans and Friends
on First Saturday...Some pictures....
https://carstoshow.com/registerevent...eventid=102331

Port Richey Rod Run at Coast Buick GMC
https://carstoshow.com/registerevent.aspx?eventid=99114

50's Diner US19.... A Florida Attraction.
1730 US-19, Holiday Fl 34691 click: https://www.tamparacing.com/forums/t...acing.html CHRA sanctioned cruise-in.
Cruise-In; Free; Every Saturday 5-8PM plus 10% off the whole menu to cruisers
50's Diner pictures are here:
https://carstoshow.com/eventdetails.aspx?eventid=93194

All Cars Every 2nd Saturday Free Breakfast: Since 2015 and more. click: https://www.tamparacing.com/forums/e...ast-tampa.html

Tampa Racing.com covers the Tampa car scene and supports many fund raisers, worthy causes and events that enrich our community. We hope you enjoy them all.
What do I do? ---- on-site *Aftermarket* spring/suspension installations --- on-site impact wrenching---street lowering with your own stock springs...........True Bi-xenon HID projector headlight conversions........ Much more at Bob's Garage!
https://www.tamparacing.com/forums/b...ontact-us.html
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