Florida man who shot theatergoer for texting to invoke 'stand your ground'

[SecularMotion]

The lawyer for Curtis Reeves, a retired police captain who fatally shot a fellow moviegoer in 2014, is planning to use Florida’s “stand your ground” law to defend his client.

Mr. Reeves was arrested for the fatal shooting of Chad Oulson in January 2014. Police say Mr. Oulson threw his bag of popcorn in Reeves' face after the former captain criticized him for texting. Reeves responded by pulling out his gun and shooting Oulson in the chest, according to law enforcement. A bullet also grazed Oulson's wife, Nicole.

“I think we have a pretty solid stand your ground case,” Richard Escobar, Reeves’ attorney, told the Tampa Bay Times. Escobar plans to utilize a video taken at the scene to prove Reeves acted lawfully under Florida’s self-defense law and ultimately have the criminal charges dismissed. A five-day hearing is scheduled to begin on Jan. 25.

With strong support from the National Rifle Association in 2005, the "gunshine state" became the first to pass a ‘stand your ground’ law that allows citizens to use deadly force if they fear their own harm or death. Under Florida’s "stand your ground" law, “a defendant must be able to show that he had a ‘reasonable belief’ in a threat before using deadly force, not that the threat actually existed,” explains the Tampa Bay Times. If the judge determines the defendant had "reasonable belief" for using deadly force, the shooter is “immune from criminal prosecution and civil action.”

http://news.yahoo.com/florida-man-shot-theatergoer-texting-invoke-stand-ground-124807512.html

[gejohnston]

1. you don't invoke stand your ground

you simply claim self defense. What they are doing, which is unique in Florida self defense law, is opting for an immunity hearing. Basically, if the defendant proves self defense by preponderance of the evidence to the hearing judge, charges are dropped. If not, it goes to trial where the State has to prove beyond a reasonable doubt that it wasn't. If the State fails to do that, civil immunity still applies.

With strong support from the National Rifle Association in 2005, the "gunshine state" became the first to pass a ‘stand your ground’ law that allows citizens to use deadly force if they fear their own harm or death.

only about half true. While Florida was the first to put it in a statute, many states had no duty to retreat, aka had SYG, in their common law decades before Florida passed the law.

[ileus]

2. I guess time will tell if this defense floats or not.

[Cassiopeia]

3. I can't think of anyone saying they feared for their life in a food fight.

Popcorn was involved though. That butter can be sticky when it dries.

[gejohnston]

5. I'm guessing that the defense lawyer

is saying that is there is something more than just popcorn in this video he claims to have. Maybe, maybe not.

[Ilsa]

4. I had no idea popcorn was so dangerous as to

require a gun to defend against. Maybe a license should be required to buy popcorn.

[gejohnston]

6. the lawyer seems to be saying that

this video will show more than popcorn. Maybe there is, maybe there isn't. I learned a long time ago to put any value on news reports made before the investigation actually starts.