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In reply to the discussion: Man fatally shot in Walmart parking lot following dispute over parking space: Authorities [View all]sarisataka
(23,045 posts)118. Unrelated
That goes to what is often termed unwilling participant. Under that definition you must not start or escalate a confrontation. Since the video begins in media res we cannot be sure if she had displayed her weapon before getting out of the car. Further details of the encounter are needed.
However as this happened in Florida, the pertinent law governing this situation is very favorable to a claim of self-defense-
FL 766.012
(2) A person is justified in using or threatening to use deadly force if he or she reasonably believes that using or threatening to use such force is necessary to prevent imminent death or great bodily harm to himself or herself or another or to prevent the imminent commission of a forcible felony. A person who uses or threatens to use deadly force in accordance with this subsection does not have a duty to retreat and has the right to stand his or her ground if the person using or threatening to use the deadly force is not engaged in a criminal activity and is in a place where he or she has a right to be.
776.041 Use or threatened use of force by aggressor.The justification described in the preceding sections of this chapter is not available to a person who:
(1) Is attempting to commit, committing, or escaping after the commission of, a forcible felony; or
(2) Initially provokes the use or threatened use of force against himself or herself, unless:
(a) Such force or threat of force is so great that the person reasonably believes that he or she is in imminent danger of death or great bodily harm and that he or she has exhausted every reasonable means to escape such danger other than the use or threatened use of force which is likely to cause death or great bodily harm to the assailant; or
(b) In good faith, the person withdraws from physical contact with the assailant and indicates clearly to the assailant that he or she desires to withdraw and terminate the use or threatened use of force, but the assailant continues or resumes the use or threatened use of force.
I am still unsure if her use of force was justified, but it appears to be legal.
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Man fatally shot in Walmart parking lot following dispute over parking space: Authorities [View all]
groundloop
Yesterday
OP
Why didn't she get in her car or walk into the store? I don't accept killing a person when there were other solutions.
sinkingfeeling
Yesterday
#39
She initially got out of the car with a gun in her hand. That might be a problem for her.
Hassin Bin Sober
Yesterday
#94
From the video, she appears to be a Woman of Color, that wish is going to be hard to get in Fla
irisblue
Yesterday
#18
Yes, she warned him several times, backed away from him again and again, tried to put cars between them.
Midnight Writer
Yesterday
#22
100%. and Thank You! (for putting some realistic perspective on this incident)
stopdiggin
Yesterday
#29
A jury will have to consider what he said prior, if anything, to advancing toward her.
LudwigPastorius
Yesterday
#57
As a whole, we ARE a disappointing species. There good people among us but I fear we are in societal collapse.
OrlandoDem2
Yesterday
#11
It looks like he was stalking her but she should have retreated to her car and not brandished the gun.
Ritabert
Yesterday
#8
I'm Sorry, But She Had Ample Opportunities to Return to the Store, Drive Off, Whatever
DrFunkenstein
Yesterday
#12
If This Was a Black Man and a White Woman, Imagine the Fox News Coverage and Campaign Ads
DrFunkenstein
Yesterday
#17
Those are a lot of assumptions to justify shooting a man to death in a parking lot.
sop
Yesterday
#55
I certainly didn't see anything in the video that justified a shooting. NT
Midwestern Democrat
Yesterday
#48
Had he the brains to back up & call the police saying a woman was threatening him with a gun,
Wonder Why
Yesterday
#32
I'm Pretty Sure Everyone Here Was Operating From The Amygdala, Except One Had a Handgun
DrFunkenstein
Yesterday
#34
We have video; he was not in a position to physically threaten her
muriel_volestrangler
Yesterday
#61
I might put it as "the unarmed person didn't do anything wrong or threatening"
muriel_volestrangler
Yesterday
#76
"Victim blaming"? I'm not blaming the victim. The victim is the dead guy.
muriel_volestrangler
Yesterday
#91
No: we must be absolutely clear: her behaviour was extremely irrational, and she killed him as a result
muriel_volestrangler
11 hrs ago
#115
As I said, I really don't understand where "centrists" come into this
muriel_volestrangler
Yesterday
#83
"That's an entitled man that was used to scaring other people into doing what he wanted."
MorbidButterflyTat
Yesterday
#68
In MN, she'd be incarcerated, whatever her story, because she didn't physically run away first.
OC375
Yesterday
#92
But are you retreating if you get out of your car with a gun in your hand?
Hassin Bin Sober
9 hrs ago
#117
We do see her getting out of her car with the gun; at that time, he's out of the frame
muriel_volestrangler
3 hrs ago
#121