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Old 01-20-2014, 05:34 PM
 
Location: tampa bay
7,126 posts, read 8,647,422 times
Reputation: 11771

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I read reports that the old guy had the gun in his pocket...I'm totally ignorant to "carry laws"...but isn't your gun supposed to be holstered?? It can be carried in such a loosey goosey manner?

 
Old 01-20-2014, 05:40 PM
 
819 posts, read 1,407,915 times
Reputation: 961
Quote:
Originally Posted by Irishiis49 View Post
I read reports that the old guy had the gun in his pocket...I'm totally ignorant to "carry laws"...but isn't your gun supposed to be holstered?? It can be carried in such a loosey goosey manner?
The law requires the gun not 'print' which means you can see it through the clothing in a way that you'd know it's a gun. It's unlikely he actually had it loose in his pockets; it was a .380 pistol which is a very small pistol, and easily pocket carried with a pocket holster. It's basically a holster that ensures the trigger can't be actuated but you can still easily draw the weapon from your pocket. That's the same type of gun I carry in my cargo shorts, in my pocket.
 
Old 01-20-2014, 06:37 PM
 
Location: Sinkholeville
1,509 posts, read 1,794,402 times
Reputation: 2354
You can call him the shooter.

Let the jury decide whether or not to call him a murderer.
 
Old 01-20-2014, 07:33 PM
 
Location: Spring Hill, Florida
3,177 posts, read 6,819,414 times
Reputation: 3592
Quote:
Originally Posted by ChuteTheMall View Post
You can call him the shooter.

Let the jury decide whether or not to call him a murderer.
There you go.
 
Old 01-20-2014, 08:31 PM
 
3,826 posts, read 5,802,401 times
Reputation: 2401
I am wondering how long we will have to wait for the outcome.
 
Old 01-20-2014, 08:36 PM
 
Location: Native of Any Beach/FL
35,680 posts, read 21,030,020 times
Reputation: 14232
I know not all the evidence is in and there are things that the police will NOT disclose to the public, but there had to be enough there for the charge, that charge. and so far the witnesses have not spoken to media. Nobody has said a peep/ , what has me wondering is what happened for that charge to pass -

A killing done impulsively without premeditation, but with malice aforethought
A killing that results from an act intended to cause serious bodily harm
A killing that results from an act that demonstrates the perpetrators depraved indifference to human life.

Fl statues: To prove second degree murder, a prosecutor must show that the defendant acted according to a "depraved mind" without regard for human life. Florida state laws permit the prosecution of second degree murder when the killing lacked premeditation or planning, but the defendant acted with enmity toward the victim or the two had an ongoing interaction or relationship.
I just dont know?
 
Old 01-20-2014, 08:42 PM
 
1,020 posts, read 1,613,840 times
Reputation: 623
Quote:
Originally Posted by ChuteTheMall View Post
You can call him the shooter.

Let the jury decide whether or not to call him a murderer.
Sorry. Yes let's let the jury decide.
 
Old 01-20-2014, 09:32 PM
 
Location: Toledo, OH
1,725 posts, read 3,462,030 times
Reputation: 1277
Quote:
Originally Posted by EngGirl View Post
I am wondering how long we will have to wait for the outcome.
By our outstanding court system, I would bet at least nine months before this goes to trial.
 
Old 01-20-2014, 09:58 PM
 
Location: Sinkholeville
1,509 posts, read 1,794,402 times
Reputation: 2354
Quote:
Originally Posted by tinytrump View Post

Fl statues: To prove second degree murder, a prosecutor must show that the defendant acted according to a "depraved mind" without regard for human life. Florida state laws permit the prosecution of second degree murder when the killing lacked premeditation or planning, but the defendant acted with enmity toward the victim or the two had an ongoing interaction or relationship.
I just dont know?
depraved mind and enmity are both very subjective terms, so this will not be easy to prove.

I'm assuming a veteran cop has been on the stand many times in his career, and also that a good lawyer will coach him on how not to admit to having those specific feelings or thoughts that seem to be required to prove 2nd degree murder.

The problem is the prosecution has the burden of proof not only to show who pulled the trigger, but also what was going through his head.
 
Old 01-21-2014, 04:58 AM
 
27,213 posts, read 46,724,071 times
Reputation: 15662
Who pulled the trigger doesn't seem to be very hard to proof...the other thing is always difficult. Aside from the other person throwing an object, regardless what it was May be harder for the prosecution.

The defense will also use that the shooter walked out to get a manager to handle it ....

The video of the other couple stating that they were texting and the shooter asking " can you please stop texting?" Will be used too (I assume) and the escalation of the victim throwing something will help the shooters case.

It will be interesting to see what else may have been thrown or not.
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