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Old 07-31-2014, 10:01 AM
 
741 posts, read 598,463 times
Reputation: 1356

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Quote:
Originally Posted by Spring Hillian View Post
No, I am not related to Mr. Reeves. Never met him.
As far as no justification, I guess you find it acceptable to have someone scream at you, grab your property from your hands and throw it at you, throw an object at you that knocks your glasses off and then prepares to deliver another blow at you. I assume you would smile at your attacker and tell him that you will "turn the other cheek" and submit to them.
Too bad we have video that demonstrates that narrative is not true.

Once again, here it is.


https://www.youtube.com/watch?v=_2Rly-Qohu4

Your side has elaborate theoretical narratives.
My side has what's plainly seen in the video.

Best of luck.

 
Old 07-31-2014, 10:12 AM
 
15,878 posts, read 17,419,178 times
Reputation: 30354
Quote:
Originally Posted by Spring Hillian View Post
I am sure he wishes that there could be a do-over. I am sure Ms. Oulsen feels the same way. 'if he would just have put the phone away he would still be here'

It sure will cost them a lot of money for defense, but the man did what he had to do to protect himself from bodily harm and that is the bottom line here. Nothing else really matters except for the events that unfolded in that theater that day.

I'm sure Mrs. Reeves will saying that to herself "he did what he had to do" when she has to sell the house and move in one of her kids(hopefully), and they're retirement money has been gone through quicker than Hitler went through France to pay the lawyers.

You have to pick and choose your battles in life, in today's society chances are pretty good if you go over and tell someone their behavior or their kid's behavior is annoying you won't get the response you're looking for.

Someone backs into your car in a parking lot, you address it because it has now directly impacted your life. Someone( the idiot in Jacksonville) shoots and kills a kid because his stereo is too loud at a gas station that you will be spending less than 3 minutes in is foolish. Sure loud music is annoying especially when you're over 40, but a normal person realizes this is only going to be annoying for a couple of minutes so let it go, a moron starts a confrontation that ends up with someone shot dead.

So is sitting by someone who is annoying you in a movie theater that is 75% empty.
 
Old 07-31-2014, 10:55 AM
 
Location: Spring Hill Florida
12,135 posts, read 11,424,338 times
Reputation: 5981
Quote:
Originally Posted by seain dublin View Post
I'm sure Mrs. Reeves will saying that to herself "he did what he had to do" when she has to sell the house and move in one of her kids(hopefully), and they're retirement money has been gone through quicker than Hitler went through France to pay the lawyers.

You have to pick and choose your battles in life, in today's society chances are pretty good if you go over and tell someone their behavior or their kid's behavior is annoying you won't get the response you're looking for.

Someone backs into your car in a parking lot, you address it because it has now directly impacted your life. Someone( the idiot in Jacksonville) shoots and kills a kid because his stereo is too loud at a gas station that you will be spending less than 3 minutes in is foolish. Sure loud music is annoying especially when you're over 40, but a normal person realizes this is only going to be annoying for a couple of minutes so let it go, a moron starts a confrontation that ends up with someone shot dead.

So is sitting by someone who is annoying you in a movie theater that is 75% empty.
I agree with you 100%. The problem in the Reeves case is that he was having felony assault made against him when he shot his attacker. Yes. A moron started a confrontation which cost him his life.
 
Old 07-31-2014, 11:14 AM
 
741 posts, read 598,463 times
Reputation: 1356
Quote:
Originally Posted by Spring Hillian View Post
I agree with you 100%. The problem in the Reeves case is that he was having felony assault made against him when he shot his attacker. Yes. A moron started a confrontation which cost him his life.
No seriously prosecutable felony assault on the video.



Is there another felony assault we're unaware of? Because according to your standard of felony assault, waving a napkin at someone could constitute an armed assault since maybe you might shove the napkin down their throat and choke them.

This is why we have judges and juries; to appraise credibility because anyone can torture facts, like you're doing. Defendants (and pro violence ideologues) will insist that throwing popcorn and maybe moving an arm and something about a cel phone is a 'felony assault' but will 12 reasonable people think that?

No chance.
 
Old 07-31-2014, 01:47 PM
 
Location: Sinkholeville
1,478 posts, read 1,192,043 times
Reputation: 2261
It's not a 'felony assault' because it's felony battery. There are specific distinctions and they have been posted in this thread many times already. If you refuse to understand the legal differences between assault and battery, then this discussion is not for you.

It would merely be misdemeanor battery, but Reeves is 65 or over, that makes it a felony under Florida law.

It's forcible, because it involved mass and velocity (non-verbal) and it's lawful to use deadly force to prevent or conclude a forcible felony.

Whether his use of deadly force was reasonable is still up to the jury, of course, but the necessary elements are present in regard to the forcible felony battery on a senior citizen. Flicking your napkin in my eye would also be forcible felony battery. I advise you to keep your hands to yourself.

If you don't like the extra legal protections afforded senior citizens against battery in Florida, move.
 
Old 07-31-2014, 02:02 PM
 
Location: Spring Hill Florida
12,135 posts, read 11,424,338 times
Reputation: 5981
Is it battery since physical contact would have to be made when Oulson grabbed the popcorn.? Just throwing the phone or the popcorn would be an assault. That is the fine point that causes me to go with assault.


Felony either way though and I agree with the rest of your post.




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Quote:
Originally Posted by ChuteTheMall View Post
It's not a 'felony assault' because it's felony battery. There are specific distinctions and they have been posted in this thread many times already. If you refuse to understand the legal differences between assault and battery, then this discussion is not for you.

It would merely be misdemeanor battery, but Reeves is 65 or over, that makes it a felony under Florida law.

It's forcible, because it involved mass and velocity (non-verbal) and it's lawful to use deadly force to prevent or conclude a forcible felony.

Whether his use of deadly force was reasonable is still up to the jury, of course, but the necessary elements are present in regard to the forcible felony battery on a senior citizen. Flicking your napkin in my eye would also be forcible felony battery. I advise you to keep your hands to yourself.

If you don't like the extra legal protections afforded senior citizens against battery in Florida, move.
 
Old 07-31-2014, 03:20 PM
 
741 posts, read 598,463 times
Reputation: 1356
Quote:
Originally Posted by ChuteTheMall View Post
It's not a 'felony assault' because it's felony battery. There are specific distinctions and they have been posted in this thread many times already. If you refuse to understand the legal differences between assault and battery, then this discussion is not for you.

It would merely be misdemeanor battery, but Reeves is 65 or over, that makes it a felony under Florida law.

It's forcible, because it involved mass and velocity (non-verbal) and it's lawful to use deadly force to prevent or conclude a forcible felony.

Whether his use of deadly force was reasonable is still up to the jury, of course, but the necessary elements are present in regard to the forcible felony battery on a senior citizen. Flicking your napkin in my eye would also be forcible felony battery. I advise you to keep your hands to yourself.

If you don't like the extra legal protections afforded senior citizens against battery in Florida, move.
Bolded is where you demonstrate you have literally no idea whatsoever about how the law is applied in the real world.

You can log onto the internet and theorize like Spring Hillian and pretend you're an eLawyer but you, like him, are equally clueless in your interpretation of the real world law; that what occurred here rises to the level of felony battery, aggravating provisos or not.

Are *YOU* the one who will step up and back up your big talk and theories with a leave forever bet? Because I'll offer that to you, too. Or will you, like Spring Hillian, talk a mighty big game about how 'the law ought to work' but when the rubber hits the road, slink off into the shadows muttering about how YOU BETTER NOT MESS WITH ME because really, deep down, you know nobody is going to side with you completely asinine position?

Bear in mind: This is the Zimmerman state and I'm offering to take the conviction side.
You two are talking a mighty big game but for some reason, nobody wants to take the bet
 
Old 07-31-2014, 04:44 PM
 
Location: FL
1,400 posts, read 1,069,669 times
Reputation: 1990
There is no felony on the part of Chad Oulson. This was covered at the bond hearing when the State referenced a couple of cAses rulings from higher courts on this very matter. Also self defense is not available to defendants engaged in committing their own felony. There are probably hundreds of convicts sitting in prison as we speak who were hit by fists and worse, retaliated, claimed self defense and were convicted.

The logic the delusional pro-Reeves foolish is laughable. Consider this a drug dealer encounters a armed thug that weilds a knife. The drug dealer shoots and kills the knife wielder. Do you think the drug dealer will be acquitted of murder using self defense?
 
Old 07-31-2014, 05:04 PM
 
Location: Spring Hill Florida
12,135 posts, read 11,424,338 times
Reputation: 5981
No felony, eh? That tells me all I need to know about your opinion.

Reeves was not engaged in committing a felony but the took steps to protect himself from further attack.

A bond hearing is not where the application of law is decided.

It is not self defense unless you are in fear of your life or a threat of bodily harm.

A drug dealer is in the process of committing a felony so self defense wouldnt be available to him.
But that does not mean automatic conviction. Drug dealers are robbed regularly. They dont report
the problem to the police.

When they take away the right to defend yourself in the U.S. is the day anarchy will become the standard.



Quote:
Originally Posted by bannedontherun View Post
There is no felony on the part of Chad Oulson. This was covered at the bond hearing when the State referenced a couple of cAses rulings from higher courts on this very matter. Also self defense is not available to defendants engaged in committing their own felony. There are probably hundreds of convicts sitting in prison as we speak who were hit by fists and worse, retaliated, claimed self defense and were convicted.

The logic the delusional pro-Reeves foolish is laughable. Consider this a drug dealer encounters a armed thug that weilds a knife. The drug dealer shoots and kills the knife wielder. Do you think the drug dealer will be acquitted of murder using self defense?
 
Old 07-31-2014, 06:32 PM
 
741 posts, read 598,463 times
Reputation: 1356
Quote:
Originally Posted by Spring Hillian View Post
No felony, eh? That tells me all I need to know about your opinion.
It was the opinion of the court based on case law... and the lay-opinion of basically everyone else.

You are incredibly unaware of just how far out on the fringe your are on this one.
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