Stand Your Ground: McGlockton shooting

Discussion in 'The Duck Hunters Forum' started by Squaller, Jul 23, 2018.

  1. Ron Gilmore

    Ron Gilmore Elite Refuge Member

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    Wasn't going to chime in on this anymore. However JB keeps posting jury instructions from cases where SYG was not invoked as a defense. Like the Zimmerman/Martin case.
    Plus state laws changed since then.

    So as stated, the D A has it now. Will decide on what will happen. The rest is our opinions about this. Some cant accept they are likely not going to get the outcome they want.

    Others like myself see this as tragic for all but likely no charges will be filed based on the states laws.

    Couple that with the recent string of losses the state has had on high profile cases. They are in my opinion going to be overly 1cautious in charging another case like this and losing again.

    Casey Anthony , Zimmerman are two that come to mind. Then look at the number of cases that have been lost that where even less supportive of the shooter.
     
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  2. J.Bennett

    J.Bennett Elite Refuge Member

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    What I have posted are the standard jury instructions for determining if the use of deadly force is justified under 776.012. They are read to the jury in all self-defense cases that involve the use of deadly force (like the Zimmerman/Martin case) even if the defendant isn't using it as their defense (like the Zimmerman/Martin case). This is done because even if the defendant did not claim stand your ground, if all of the components necessary for a stand your ground defense are present, it can still be justified as such by the jury. All of this is easily verifiable by a simple internet search, but I'll save you the trouble. http://www.floridasupremecourt.org/jury_instructions/chapters/chapter3/p1c3s3.6.f.rtf

    The state laws regarding what qualifies a use of force as justifiable have not changed. The only thing that has changed is that the burden of proof in the pre-trial hearing has shifted from the defendant to the prosecutor. It is still the same thing that must be proven/dis-proven.
     
  3. chuam

    chuam Elite Refuge Member

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    Just ignore Ron. The rest of us do.......
     
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  4. Mr. Chokesonducks

    Mr. Chokesonducks Elite Refuge Member

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    ^^^Man among boys...
     
  5. Ron Gilmore

    Ron Gilmore Elite Refuge Member

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    Being blindsided and knocked violently to the ground and having the attacker hovering over you is what the jury will be shown and see.

    Laying on the ground having been blindsided is what the jury will be seeing and hearing!

    Laying on the ground after having been blindsided you see a person larger, younger and stronger moving toward you is what the jury would see.

    He was not engaged in any illegal activity nor was he acting in an aggressive threatening manner. He is in a public use area as well. NO NEED TO RETREAT FROM THE THREAT.


    These are simple straight up what a jury will consider, his past, the aggressors past wont play into any of this without a police report, Judge in the Zimmerman case was chastised I do believe by the FL Bench for allowing hearsay testimony into his trial that had he not been acquitted would have opened the door for a declaration of a mistrial. In other words the DA cant parade a bunch of uncollaborated people onto the stand.

    You injected your opinion and presented it as fact. The jury instructions don't come with the side bar stuff you added. I know I have sat on a jury. You can ask for a clarification and other things but what you get is very cryptic to the law. Not the opinion you produced.
     
  6. buckmaster1

    buckmaster1 Elite Refuge Member

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    No, we simply think that you, JB and Chokes need to be ignored as you think that you know more than a Sheriff with a law degree who has given the case to the DA and refuse to give up your lynch mob mentality.
     
  7. J.Bennett

    J.Bennett Elite Refuge Member

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    I'm sure they will see all of that. They will also see a father of 3 stop coming toward you and backing up (towards the car that his 4 month old and 3 year old are sitting in) for 3 seconds while you look down the barrel of your gun at him.
    Never said he had to. Threatening deadly force is not retreating.
    The dead guy's past will not play into any of this (police report or not) unless the defense can show that his past was known to the shooter prior to shooting him. The shooter's past will play into this, especially those 3 occasions (2 of them involving brandishing his gun) which have associated police reports.
    I'm pretty sure that the prosecutor will be allowed to put the officers that wrote the reports on the stand as well as the truck driver and the truck driver's boss (who Drejka also called in regards to the truck driver parking in the handicapped spot, thereby collaborating the driver's story).
    Have not.
     
  8. Mean Gene

    Mean Gene Moderator Moderator Flyway Manager

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    Dude's dead. Good. Next.
     
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  9. Ron Gilmore

    Ron Gilmore Elite Refuge Member

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    Certainly they will see that stuff as we all have. However your injection of opinion as fact from the post regarding instructions is just your opinion of how it should be interpreted nothing more than that! You presented as fact by inferring that would go along with the jury instruction.





    You insert IF and other things that change the instructions, because if is not in the instructions plain and simple. The burden is on the prosectutor to prove that the shooter did not fear for his life, did not fear bodily harm. This is what you want to ignore in how the law is written. He gave his statement, he doesn't have to say another word or take the stand to be cross examined. In fact he shouldn't if he is smart. He very well may have been a trigger happy jerk looking to shoot someone, but proving it beyond a reasonable doubt is the key! Simply being charged is not a conviction or even an indication of guilt. My point in all of this is the law and what evidence we have so far sides with him not being charged and if he is, being found not guilty!!!

    So as I have stated before I get not being happy etc... with all this, I am not by any means. But your continued insistence on your opinion as being fact isn't going to affect the
     
  10. newduk

    newduk Elite Refuge Member

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    Don't know what the record thread is, but this one could be headed in that direction.
     

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