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TorchTheWitch

(11,065 posts)
14. here we go again
Mon Feb 17, 2014, 03:52 AM
Feb 2014

The SYG law specifically provides that a person must REASONABLY believe that they are in immediate threat of death or severe bodily harm. By Dunn's own words under oath he testified that Davis got BACK into the car when Dunn shot him. Therefore, (if you believe that Davis ever did get out of the car (and evidenced proved he did not) he was in retreat and no longer a threat at the time that Dunn shot him. Florida's self-defense laws INCLUDING SYG do not allow a person to kill someone when they are in retreat as Dunn himself testified that he was because at that point there is no longer a threat. Florida's self-defense laws also do not allow someone to ASSUME they see a weapon, they have to be certain it is a weapon whether a gun or bat or fists or whatever and that they are threatened with IMMANENT death or severe bodily harm.

A TON of evidence showed that Dunn was never at any time threatened with immanent death or severe bodily harm and in part by his own words under oath in claiming that Davis RETREATED back into the car at the moment that he first pulled the trigger. Dunn even claimed that Davis was at the moment RETREATING when he pulled the trigger because he testified that Davis was still in the process of getting back into the car and only shut the door behind him after Dunn shot him when the ME proved wasn't true with the dummy and sticks as well as where the bullets went inside Davis's body and what they did (he would have been physically incapable of shutting the door after being shot). Further, other evidence proved that Davis's door was not open even a little with ballistic evidence as well as testimony from the other kids in the car that Davis COULDN'T have opened his door because of the automatic child locks that the driver had to operate, and at the time the driver was in the store (proven with surveillance cameras at the store).

Yes, the jury asked self-defense questions, but they pertained to the surviving members in the car which is made clear in this video of the judge and attorneys discussing how to answer those questions and the fact that very soon after they were answered the jury announced that they had verdicts concerning the three passengers...



Watch the whole thing. It is clear that the jury was confused by the instructions and the judge says that they struggled over the language and it was indeed unclear. But those questions were clearly about how they should apply self-defense for each person in the car - whether each person is considered together or each considered separately. They didn't have anything to do with SYG or what justifiable use of force consists of, etc.

Recommendations

0 members have recommended this reply (displayed in chronological order):

This article is BS. DesMoinesDem Feb 2014 #1
Really? LiberalAndProud Feb 2014 #2
If the stand your ground law was used DesMoinesDem Feb 2014 #9
SYG was in the jury instructions, per the SYG law. jeff47 Feb 2014 #11
Hogwash Major Nikon Feb 2014 #16
Fact. DesMoinesDem Feb 2014 #18
It was considered by the jury, it HAD to be, so obviously it could have been a factor: Fred Sanders Feb 2014 #21
it was murder, pure and simple heaven05 Feb 2014 #30
Trying to pass off your opinions as fact doesn't do much for your credibility Major Nikon Feb 2014 #22
This shit again? X_Digger Feb 2014 #23
Que the amateur lawyer gun apologist Major Nikon Feb 2014 #24
How do you have an "intruder" on a street, Major? X_Digger Feb 2014 #26
Unless the defendant waives such a hearing. eom. 1StrongBlackMan Feb 2014 #37
And the law doesn't allow someone to assume they see a weapon TorchTheWitch Feb 2014 #12
The jury didn't just ask for the dummy with the sticks, did they? kcr Feb 2014 #13
here we go again TorchTheWitch Feb 2014 #14
Jury instructions included SYG as per the law kcr Feb 2014 #15
Did you leave out the center bit? X_Digger Feb 2014 #25
Technically, he was leftynyc Feb 2014 #41
The defense didn't "technically" use SYG, but Diamonique Feb 2014 #3
Juror instructions included consideration of SYG in their deliberations... DonViejo Feb 2014 #4
Thanks for posting this. russspeakeasy Feb 2014 #6
Did you read the full article?... DonViejo Feb 2014 #5
Fuck Ron Paul, and ALEC too nt geek tragedy Feb 2014 #7
ALEC supports the TPP. Whose side are you on? nm rhett o rick Feb 2014 #8
This message was self-deleted by its author Fred Sanders Feb 2014 #20
The prosecutors overcharged mmm413 Feb 2014 #33
The top charge should have been second degree murder, then rocktivity Feb 2014 #36
The jury instructions included the SYG language because he claimedself-defense. nt tblue37 Feb 2014 #39
Makes a statement that it is all right to shoot up a person Downwinder Feb 2014 #10
Now that's not necessarily true. A Simple Game Feb 2014 #17
Insanity is legalizing self induced ANGER as a perfectly acceptable state of mind that establishes Fred Sanders Feb 2014 #19
this is so fucked up! gopiscrap Feb 2014 #27
ok ppl settle down kamron Feb 2014 #28
Common sense should rule Lamonte Feb 2014 #29
Makes you wonder that if you are a young black man maxrandb Feb 2014 #31
Quoted for truth: Blue_Tires Feb 2014 #32
Long live the "beyond a reasonable doubt" standard! Vattel Feb 2014 #34
"Because the “stand your ground” law creates an affirmative defense for criminal defendants" it is bettyellen Feb 2014 #35
Reverse the skin color of the victim and shooter guyfromla Feb 2014 #38
Food For Thought chwaliszewski Feb 2014 #40
Has this scenario been happening? Jerry442 Feb 2014 #42
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