Interesting "Stand Your Ground" Develpoment

[B2Tall]

This one is going to be good and ties into what has been discussed on this forum numerous times.

In Miami yesterday a legal gun-carrier shot and wounded a lone unarmed man who apparently began a physical confrontation with him. Several things to consider:

1. The shooter was with his family including small children.
2. The alleged agressor apparently "made contact" with the children. That's what was said in the news report. No specifics given on that.
3. The shooter is an adult male in his early 30s (as was the "shootee").

And now for the most interesting part.....

4. The shooter is a retired deputy who was shot in the head while on duty 4+ years ago and had a long road to recovery.

Personally I don't think he'll be charged with anything, mostly because of #4 and a sympathetic police force/DA's office who'll probably give him the benefit of the doubt. Of course the words "disabled" or "post traumatic stress" could be tossed around (by a defense lawyer) with regards to the injuries he suffered if LE did start to go deeper with their investigation.

Other than #4, #2 is the most interesting aspect of this incident. Did he threaten his kids?? Was there physical contact with the kids and was it intentional or a result of the struggle between the 2 adults? I'll follow this one with great interest.

[DougG]

Definately need more details but sounds like a good one to follow.

[NCIC105]

Hard to give an educated opinion with so much data missing.

I doubt sympathie will enter into this decision. The law should be followed regardless of this.

[B2Tall]

Hard to give an educated opinion with so much data missing.

I doubt sympathie will enter into this decision. The law should be followed regardless of this.

"Should" being the operative word. The most interesting thing about this is the presence of (and perceived threat to) the children. If the shooter had been alone then I think he might be in some serious trouble.

[NavyLCDR]

At least his gun was registered:

Police investigate shooting involving retired BSO deputy - Miami Lakes - MiamiHerald.com

[NavyLCDR]

According to this account:
Maury Hernandez, Retired BSO Deputy, Shoots Homeless Man At Miami Lakes Ice Cream Shop

it could be viewed as preventing a kidnapping, which would justify the use of deadly force in Washington, not sure about Florida.

[NavyLCDR]

Here's the outcome:
Retired BSO Deputy Will Not Be Charged In Shooting « CBS Miami

[Caribou]

We do not have all the information I am sure. All the stories seem to agree that the ex-officer was retired from an "in the line of duty" injury. As he can not function as an officer due to physical limitations I am going to make one assumption. Disparity of force made this a clean shoot.

[kelcarry]

Witnesses, witnesses, witnesses. Still missing info but it would seem that in an ice cream parlor with his kids there were others there including the people who work there that can back up the aggressive behaviour of the shootee and validate the shooter's action. I would hope that being an LEO, who was injured on the job, had nothing to do with the final decision not should it ever have been the case.

[B2Tall]

We do not have all the information I am sure. All the stories seem to agree that the ex-officer was retired from an "in the line of duty" injury. As he can not function as an officer due to physical limitations I am going to make one assumption. Disparity of force made this a clean shoot.

I believe he did retire because of disability. It was a big story here back in '07. Apparently he tried very hard to resume his duties but was unable to. I'm not sure of the extent of his disability nor how it would affect his every day life or his ability to defend himself w/o a gun.