Quote:
Originally Posted by Two Bills
After the initial push, there was no forward aggressive move from the man who was shot. The man on floor had the opportunity to withdraw from the scene. Whatever verbals continued after the initial push, still does not justify the use of lethal force.
No way was that a life threatening stuation the shooter was in, when he fired that shot.
If he gets away with this, it practicly means any disagreement where a party gets a push, a smack round the ear, the victim can blow the other parties brains out with impunity!
JMO.
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I disagree. The victim was unexpectedly assaulted and violently pushed to the ground. Since none of us know his physical condition (does he have bad knees, was he "woozy" from hitting his head on the ground, etc.), we don't know how long it would take him to stand up in order to flee the scene, and if in the act of standing up, he would be exposed to a further assault. Add in the Tueller Drill which proved that a person could move 21 feet in 1.5 seconds, the victim could easily have been attacked again. The victim had a legal right to be where he was and the Stand Your Ground Law removes the responsibility from him to escape. Even if we were in a Duty to Retreat state, that requirement is predicated on the victim being able to safely escape the situation before he would be required to retreat.
Once again, LAW ENFORCEMENT has the job to determine if the shooting was an act of self defense. The shooter will ALWAYS face the potential for criminal charges to be brought unless self defense is determined (by LAW ENFORCEMENT) to be justified.
Should he have taken it upon himself to yell at the people? No, not at all. His doing so was a stupid decision, the boyfriend, after violently shoving him to the ground, became a criminal once he assaulted the victim.