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  • Sublime

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    Shootee was 28 yo at the time and shooter was 48 yo. Neither were “frail” men.
    Shooter must have lived a hard life then because he looks older. Many who get upset about folks parking in the handicap spot are handicapped. Dunno if this guy was but with a 20yr age difference and the pusher being bigger than the pushee, their was an obvious disparity of force.

    All these things will be brought up in trial by the defense attorney.

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    Sam7sf

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    None handicapped who use handicapped spaces really are a special kind of loser. Not justifying any of this. Just saying...
     
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    ZX9RCAM

    Over the Rainbow bridge...
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    Well that is your opinion but let's go with that. A verbal confrontation does not warrant an assault and definitely not from someone not initially involved in the confrontation. Do you disagree with that?

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    I don't disagree at all.

    Do you disagree that he initiated the conflict?
     

    Sublime

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    I don't disagree at all.

    Do you disagree that he initiated the conflict?

    Well first you used "confrontation" and now you use "conflict" They are not the same by definition. Yes, I disagree. The shooter "initiated" a contact with the person in the car that was illegally parked in a handicapped space. Now maybe he should not do that if he wasn't ready for the consequences (though it appears he was) but he most definitely did not initiate a contact with the guy coming out of the store that pushed him down on the concrete. IF the guy would have continued the assault (and that is what it was) and maybe stomped his head to unconsciousness or he hit his head on the concrete and died, we'd all be saying - "Gee he should have drawn his gun if he had it on him."

    Too many times here on TGT I see people analyzing a situation that involves force or deadly force as if it is cut and dry. A happened so B should naturally happen. It doesn't work like that in the real world. He was charged and we'll see what happens. My opinion is that he should not be convicted.
     
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    Well first you used "confrontation" and now you use "conflict" They are not the same by definition. Yes, I disagree. The shooter "initiated" a contact with the person in the car that was illegally parked in a handicapped space. Now maybe he should not do that if he wasn't ready for the consequences (though it appears he was) but he most definitely did not initiate a contact with the guy coming out of the store that pushed him down on the concrete. IF the guy would have continued the assault (and that is what it was) and maybe stomped his head to unconsciousness or he hit his head on the concrete and died, we'd all be saying - "Gee he should have drawn his gun if he had it on him."

    Too many times here on TGT I see people analyzing a situation that involves force or deadly force as if it is cut and dry. A happened so B should naturally happen. It doesn't work like that in the real world. He was charged and we'll see what happens. My opinion is that he should not be convicted.

    Do you think pushing someone to the ground is unlawful deadly force?
     
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    Shooter yells at victim's gf, victim shoves shooter, shooter falls down and draws pistol, victim stands and stares at shooter without advancing, shooter fires. I don't see any way this could be a justified use of deadly force.
     

    Sublime

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    Do you think pushing someone to the ground is unlawful deadly force?
    Generally no but here again is that simply what we have?
    Is a punch to the face deadly force? Generally no and yet people have died from it.
    Should the shooter have waited until being attacked again to fire? It's not, - he did this so I did that out there in the street. Sure we train in if/then thinking but our training is lacking when we put it to the test in the real world.
    It is unfortunate what happened but maybe people should stop being a..holes in the world. I'm sure the shootee didn't think he was gonna draw his last breath that day because his baby's mama illegally parked......but it was. Maybe he should have come out of the store said - I'm sorry, you are right, let me move it but his ego would not allow for that. Do you go around pushing older and weaker people to the ground because you disagree with them? He made it a fight and he lost.
     
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    Is a punch to the face deadly force? Generally no and yet people have died from it.
    But, he didnt get punched in the face.
    Should the shooter have waited until being attacked again to fire?
    Most likely, since IMO he will be convicted
    It's not he did this so I did that out there in the street. Sure we train in if/then thinking but our training is lacking when we put it to the test in the real world.
    This is correct but thought experiments like this can prepare us for the real event. Maybe if the shooter ran more scenarios through his mind he wouldn't have fired from anger/adrenaline and wouldnt be on trial now
    It is unfortunate what happened but maybe people should stop being a..holes in the world. I'm sure the shootee didn't think he was gonna draw his last breath that day because his baby's mama illegally parked......but it was. Maybe he should have come out of the store said - I'm sorry, you are right, let me move it but his ego would not allow for that.
    I agree
     

    ZX9RCAM

    Over the Rainbow bridge...
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    I'm guessing the dead guy didn't hear much of what was said before he got involved.

    He reacted to a guy yelling at his woman.

    And no, I'm not saying he should have pushed the shooter.
     

    candcallen

    Crotchety, Snarky, Truthful. You'll get over it.
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    2   0   0
    Jul 23, 2011
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    Little Elm
    Do you think pushing someone to the ground is unlawful deadly force?
    Consider that people have died from being pushed to the ground. Is it deadly force? Then consider the disparity in force question. Does that make a difference? How about the difference in age physical condition and how it effects these decisions.

    There is enough issues here for an easy hung jury or acquittal depending on the lawyer and money infolved.

    The old guy was a bastard but DID NOTHING to justify the younger guys escalation to physical force. Being a crotchety bastard running your mouth does not justify a physical force response. The young guy was going to continue the assault while the old guy was down till he saw the gun. That is where this case will rest. Does the jury think the assault clearly ended thus ending the threat? A good lawyer and expert will probably educate jurors on self defense concepts relevant to this case.

    IMHO it's a crap shoot, no pun intended. Public defender with no self defense experience or resources and this ends up in a conviction. That's not the case here so who knows.

    As for the disabled parking issue people should mind their own buisness. Pretty crappy to kill or get killed of such stupidity.

    I'm disabled have plates and placard and still get yelled at by others who dont see it or think I dont look disabled enough. I dont stop to converse and depending on the level of ars hole I am feeling usually tell them to pull their head out or go self fornicate as they dont know what they are talking about and move on. I never stop to argue with them beyond that. It ain't worth the confrontation.

    Beyond that my pet peeve is the disabled person driving their clearly not disabled friend and relative and takes up a spot then WAITS IN THE PHUKING CAR while the other person goes in. Followed closely by the person that will cut you off or race and damn near cause a wreck to get a space. Dont get me started on the supposed disabled person who takes up a spot at their place of employment while they work all day on their feet. I have to remind me self to mind my own buisness.

    I dont know about texas but in AZ we have specially trained and legally certified volunteers who do nothing but disabled parking Enforcement. You want to see some blood sport watch a couple old folks argue over a ticket and weather it's legal etc. Its funny till they have their license and registration suspended cause they tore up the ticket. It costs them over a grand to get legal again. All they would have had to do was show their placard to get it dismissed or lowered to a small court costs fine
     

    busykngt

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    Personally, I’m in agreement with candcallen. I think it may not be nearly as ‘cut & dried’ as some think. I suspect the Florida SYG rule will be legally and throughly dissected - nine ways to Sunday!

    AND I believe it’s a pretty safe bet, the outcome may well depend on, how competent his defense attorneys are (read: $$+$). “If the glove don’t fit; you must acquit.” The verdict must be unanimous (albeit, only among six jurors). All I know is, if it were me on trial, I’d be wanting Sublime on MY jury!

    As candcallen said, “IMHO, it’s a crap shoot”. We’ll know in a few weeks. In any case, it’s a helluva way to spend a s-load of money you ain’t got. Especially when the alternative was, to simply mind your own business!
     
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