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Old 07-23-2014, 09:45 AM
 
741 posts, read 597,233 times
Reputation: 1356

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That is correct. Movie theater policy is immaterial to this case.

He was licensed to carry a firearm which he gravely misused in an incident that didn't remotely rise to the statutory threshold required to justify deadly force.

He will forever more be the poster child for irresponsible Concealed Carry permit holders, those who 'support' his actions and have carry permits themselves strongly suggest that some sort of psychological testing may be needed for permitting.

 
Old 07-23-2014, 09:49 AM
 
741 posts, read 597,233 times
Reputation: 1356
As an aside, what do you suspect Reeves is thinking about his actions in light of how things turned out?
Because I'd bet a million dollars if he could go back in time, he'd choose to NOT act as he did. He was either totally delusional and thought his being an ex cop would work in his favor to whitewash the facts, or he was an unstable moron who felt 'disrespected' and just snapped for an instant but either way, you know he's hating life right now.

I'd wager the farm he isn't proudly standing on principle here, that if he could undo this and go back to living the good, peaceful life of a normal man, he would.
 
Old 07-23-2014, 10:28 AM
 
Location: Spring Hill Florida
12,135 posts, read 11,405,164 times
Reputation: 5981
Self defense and FL law.......


The defendant is entitled to a jury instruction on self-defense in Florida when there is any evidence to support the claim. This is a low standard and even a “scintilla” of evidence will be sufficient, even if the self-defense theory is extremely weak or improbable. Self-defense may even be inferred from the State’s evidence without the Defendant or a defense witness ever taking the stand.

Where there is no evidence of self-defense, the jury will not be given a self-defense instruction and the defendant will be limited in closing argument to challenging the State’s evidence and denying that the incident took place (assuming no other defenses were raised). Thus, if a Defendant testifies during trial, and states that he acted out of anger after the alleged victim walked away, he or she would not likely be entitled to a self-defense instruction. Florida courts have also denied self-defense instructions where the claim of self-defense is inconsistent with the defense theory of the case, such as where an alibi defense is raised.

There are other circumstances that may cause the denial of a self-defense instruction under Florida law. Under Section 776.041, Florida Statutes, self-defense is not available to a person who is attempting to commit, committing, or escaping after the commission of a forcible felony.Section 776.08, Florida Statutes, defines “forcible felony” to include treason, murder, manslaughter, sexual battery, carjacking, home invasion robbery, burglary, robbery, arson, kidnapping, aggravated battery, aggravated assault, stalking, use of bombs, aircraft piracy, and any other felony that involves the use or threat of physical force or violence against any individual.

In addition to the exception for forcible felonies, self-defense is not available where the evidence establishes that the defendant initially provoked violence against himself. See Section 776.041, Florida Statutes. To claim self-defense in this scenario, the accused must present sufficient evidence that the force used by the alleged victim was so great that the accused reasonably believed that he or she was in imminent danger of death or great bodily harm and that he or she had exhausted every reasonable means to escape such danger other than the use of force which is likely to cause death or great bodily harm to the assailant.

Alternatively, the person who provokes the initial attack may nonetheless claim self-defense if: (1) in good faith, he or she withdrew from physical contact, (2) clearly indicated to the other person that he or she desired to withdraw and terminate the use of force, and (3) despite the communication and withdrawa, the other person continued or resumed the use of force.
 
Old 07-23-2014, 10:57 AM
 
Location: Spring Hill, Florida
2,377 posts, read 3,684,893 times
Reputation: 2452
Quote:
Originally Posted by bentlebee View Post
I don't think he will be acquitted on all charges since there is the gun he brought to a place that isn't allowed.
It was discussed in the original thread, but that is not a legally prohibited place as per concealed-carry law.

Those "no guns allowed" signs generally have no weight of law. A business can put up that sign, and nothing can really be done if it's disobeyed unless somehow the person's concealed weapon is discovered. They can be asked to leave, and possibly charged with trespass if they refuse. That's about it.
 
Old 07-23-2014, 03:12 PM
 
Location: Sinkholeville
1,478 posts, read 1,189,318 times
Reputation: 2261
Quote:
Originally Posted by Zaba View Post
As an aside, what do you suspect Reeves is thinking about his actions in light of how things turned out?
Because I'd bet a million dollars if he could go back in time, he'd choose to NOT act as he did..
What would Oulson be thinking now? Did he mess with the wrong senior citizen? Could he avoided this?

What would Trayvon Martin be thinking? Bust the wrong head?

Nicole Simpson?
 
Old 07-23-2014, 03:50 PM
 
741 posts, read 597,233 times
Reputation: 1356
Quote:
Originally Posted by ChuteTheMall View Post
What would Oulson be thinking now? Did he mess with the wrong senior citizen? Could he avoided this?
Unfortunately, he assumed the person he was dealing with wasn't a psychotic moron, as is usually a safe assumption but in his particular case, turned out he was wrong.

Evidence strongly suggest Mr Bad Ass "Ex LEO CCW THANK YOU FOR YOUR SERVICE" provoked the confrontation knowing that if his words weren't heeded and obeyed, he had his trusty Roscoe to settle whatever came next!

He shot an unarmed man over an argument and now, he'll be going to a place where he'll have to deal with much scarier people 'disrespecting' him on a regular basis but he won't have a gun this go round

We taking bets on how long before he hangs himself with a prison issue bedsheet?
 
Old 07-23-2014, 05:20 PM
 
Location: FL
1,400 posts, read 1,067,388 times
Reputation: 1990
Quote:
Originally Posted by ChuteTheMall View Post
What would Oulson be thinking now? Did he mess with the wrong senior citizen? Could he avoided this?

What would Trayvon Martin be thinking? Bust the wrong head?

Nicole Simpson?
This is key. You can tell Oulson hadn't lived here long and dealt with our nasty senior population. I've lived here all my life so I'm wise to their Evil. The other day this lady about Reeves age asked me at the gas station to help her get her gas cap off the car, fed me some line about it being her daughters car. I laughed at her and said that's what triple AAA is for. Ten minutes I went back by the same station and she's still looking for help, burning up in the hot sun. Thier intentions are 9/10 times up to no good. Best thing to do is ignore them and get away from them.
 
Old 07-23-2014, 05:25 PM
 
Location: Spring Hill Florida
12,135 posts, read 11,405,164 times
Reputation: 5981
Quote:
Originally Posted by bannedontherun View Post
This is key. You can tell Oulson hadn't lived here long and dealt with our nasty senior population. I've lived here all my life so I'm wise to their Evil. The other day this lady about Reeves age asked me at the gas station to help her get her gas cap off the car, fed me some line about it being her daughters car. I laughed at her and said that's what triple AAA is for. Ten minutes I went back by the same station and she's still looking for help, burning up in the hot sun. Thier intentions are 9/10 times up to no good. Best thing to do is ignore them and get away from them.

What intentions do you think this lady had?
 
Old 07-23-2014, 05:32 PM
 
Location: FL
1,400 posts, read 1,067,388 times
Reputation: 1990
Quote:
Originally Posted by Spring Hillian View Post
What intentions do you think this lady had?
Who knows what the old bat had up her sleeve but I'm not getting near her of her car. Lol, she's liable to say I'm stealing her car or gas or whatever. I'm not sticking around to find out.
 
Old 07-23-2014, 05:48 PM
 
Location: Wake County, NC
2,983 posts, read 3,314,600 times
Reputation: 3483
Quote:
Originally Posted by bannedontherun View Post
This is key. You can tell Oulson hadn't lived here long and dealt with our nasty senior population. I've lived here all my life so I'm wise to their Evil. The other day this lady about Reeves age asked me at the gas station to help her get her gas cap off the car, fed me some line about it being her daughters car. I laughed at her and said that's what triple AAA is for. Ten minutes I went back by the same station and she's still looking for help, burning up in the hot sun. Thier intentions are 9/10 times up to no good. Best thing to do is ignore them and get away from them.
I usually agree with you, but I have to disagree with this. Most seniors are kind and down to earth, in my experience. Sure there will be the occasional PITA, but like every segment of society there are good and bad. If my own mother was having trouble like the woman you described I would hope someone would help her. I don't think we should ignore all seniors just because this one lunatic decided to kill someone.
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