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beevul

(12,194 posts)
Wed Jun 3, 2015, 03:19 PM Jun 2015

A 'stand your ground' x-post.



Tampa man cleared in Ybor stabbing by 'Stand Your Ground' law

http://www.myfoxtampabay.com/story/28225389/tampa-man-cleared-in-ybor-stabbing-by-stand-your-ground-law

During a night out this fellow started a fist fight while on a combination of Xanax, methylone, marijuana and alcohol and when he was losing pulled his knife and killed one of his assailants.

http://www.democraticunderground.com/12629014


Lets now look at what the article actually says:



Tampa man cleared in Ybor stabbing by 'Stand Your Ground' law

Posted: Feb 27, 2015 8:58 PM CST
Updated: Apr 24, 2015 8:58 PM CDT
By: Josh Cascio, FOX 13 News

In a ruling Friday, Hillsborough Judge Gregory Holder wrote that “the court finds the use of deadly force was justified.”

The fight that ended Rankin's life happened August 17, 2013, when he a group of friends were out in Ybor City.

A run-in with another group of guys led to Amore getting punched and knocked out cold.

Less than 10 minutes later, Amore was attacked again. His attorney says while he was being badly beaten, he grabbed a pocket knife to defend himself.

One of the attackers, Joshua Rankin, would die after being stabbed three times.

http://www.myfoxtampabay.com/story/28225389/tampa-man-cleared-in-ybor-stabbing-by-stand-your-ground-law


Does anyone else see anything in the article or the court decision that factually indicates that the "he" started the fight, or that he pulled a knife only when he was losing?

Not to mention, it was the fella that was killed who was "on a combination of Xanax, methylone, marijuana and alcohol", not the fella defending himself.

Meaningless trivialities, I'm sure.
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A 'stand your ground' x-post. (Original Post) beevul Jun 2015 OP
Just wait a few weeks, maybe some one will actually read it in Bansalot N/T DonP Jun 2015 #1
Interesting Shamash Jun 2015 #2
If you read what happened, he was originally COLGATE4 Jun 2015 #3
Clarification Shamash Jun 2015 #4
Agreed. But the point the poster was complaining about was COLGATE4 Jun 2015 #6
You know they can't tell it like it is... virginia mountainman Jun 2015 #5
Just how is this a "stand your ground" case benEzra Jun 2015 #7
"stand your ground" is now a media synonym for "any act we say it is" discntnt_irny_srcsm Jun 2015 #8
To be fair Shamash Jun 2015 #9
This needs to steep longer before it blends into Gun Control Narrative™. For now, Eleanors38 Jun 2015 #10
 

Shamash

(597 posts)
2. Interesting
Wed Jun 3, 2015, 03:59 PM
Jun 2015

I guess the GCRA piece is either flat out lying or grossly incompetent reposting of the news. Given the track record of the person posting it, possibly both. Does not say much for the reading comprehension of the people who rec'd him either, though that makes the generous assumption they actually clicked the links and read the story.

COLGATE4

(14,732 posts)
3. If you read what happened, he was originally
Wed Jun 3, 2015, 04:17 PM
Jun 2015

the aggressor but that encounter resulted with him getting cold-cocked. So THAT fight had ended when he was knocked out.

Some ten minutes later, a second fight took place, where Amore himself was the victim. He was being badly beaten when he pulled a knife to defend himself. The Court made a finding of fact that his reponse to the severe beating (with the knife) was proprortionate (i.e. justified) to the degree of harm he was exposed to. Being in the process of being beaten to death justifies a lethal response.

No trivialities here. Just the facts and the law, which in this case are consistent.

 

Shamash

(597 posts)
4. Clarification
Wed Jun 3, 2015, 05:10 PM
Jun 2015

Reading the court papers, Amore was the "aggressor" in the first fight to the extent he did a "your mamma" joke at Rankin, who then proceeded to give him a grade 3 concussion. I'll agree with the court and say that Amore was not the instigator of the first fight either ("Mr. Rankin responded with surprising and unreasonable force and punched Defendant in the face.&quot , unless a "your momma" joke now meets the legal threshold for "fighting words".

COLGATE4

(14,732 posts)
6. Agreed. But the point the poster was complaining about was
Thu Jun 4, 2015, 09:27 AM
Jun 2015

that Amore 'got away with it' due to some arcane 'technicality'. Not so.

benEzra

(12,148 posts)
7. Just how is this a "stand your ground" case
Thu Jun 4, 2015, 12:05 PM
Jun 2015

if he was actually in the process of being badly beaten when he defended himself? That would have been justifiable even under Florida's old "duty to retreat" statute, it would seem to me.

Is "stand your ground" now a media synonym for "any act of self-defense whatsoever"?

discntnt_irny_srcsm

(18,479 posts)
8. "stand your ground" is now a media synonym for "any act we say it is"
Thu Jun 4, 2015, 01:46 PM
Jun 2015

kind of like anything we say is an "assault rifle" makes it so

 

Shamash

(597 posts)
9. To be fair
Thu Jun 4, 2015, 02:37 PM
Jun 2015

I think the defense in this case used a SYG defense, thus making "stand your ground" a legitimate news header.

 

Eleanors38

(18,318 posts)
10. This needs to steep longer before it blends into Gun Control Narrative™. For now,
Thu Jun 4, 2015, 03:16 PM
Jun 2015

it seems like the ruling is proper in the eyes of most reasonable persons.

What's with this knife business?

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