Self-Defense?
BY PGF
1 year, 10 months ago
This one looks like murder. She had the chance to leave and didn’t but stopped, opened the door, and shot.
We’re speculating but strongly suspect that she drew a handgun in the few moments when she first pulled away. Also, it appears that they may have known each other. Extracting yourself from a situation is preferable to what was done. The object of self-defense is to get the assailant to disengage; this was accomplished had she kept driving off.
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On February 1, 2023 at 1:12 pm, Grumpy said:
Depends on the state and the jury.
Woman versus man (man will usually lose, stronger)
He had already acted aggressively (opened her door, struck with L hand), then returned for more.
We don’t know why she stopped, was the object on the ground her cell phone??
While I would certainly need more information (as a juror), having to base a decision on strictly what I see, I would find for “not guilty” – if you’re the aggressor, I have ZERO empathy…..
On February 1, 2023 at 2:12 pm, The Wretched Dog said:
Doesn’t look good for the woman. From Andrew Branca’s “Law of Self Defense” twitter feed – just a simple first comment from him; no deep analysis.
“This looks sketchier than that, the way she stops when she has a clear path to safety, pops open her door, as if to invite a return confrontation–there’s no reason consistent with self-defense to pop open that door again.”
“Perhaps she has an explanation, I’d like to hear it.”
I will be watching his feed to see if/when he has more time to analyze the situation.
TWD
P.S. Grumpy: I think you meant: “man will usually win, stronger”
On February 1, 2023 at 2:25 pm, StBernardnot said:
All I thought was GOOD SHOT!
On February 1, 2023 at 3:34 pm, Warren V. DeCee said:
I took Grumpy’s comment to mean that the man is usually stronger than the woman. As a result, he will usually lose in court, as the jury will see it as a mismatch of strength in favor of the man. I agree that’s how it will usually go, but I’m not a lawyer.
On February 1, 2023 at 5:03 pm, Paul B said:
Dunno what happened. Looks like abusive man telling small girl off about something. Looks to be two cell phones hitting the ground and he looks to be leaving at that point. She stops to get phone, which is why the door opened. He reversed and yelled. Shot soon after.
This would be one to go to court and will not work to make anyones life better other than the involved attorneys.
On February 1, 2023 at 5:58 pm, 41mag said:
Just before she shoots, you see his hands go towards what looked like a fanny pack diagonally across his chest. She might have thought “he’s grabbing a gun” after he seemed to yell or act agressive and strike her.
On February 1, 2023 at 5:59 pm, 41mag said:
Also, look at the windshield of the red car. That passenger almost took a round!
On February 1, 2023 at 7:39 pm, Dan said:
What happens to her depends more on the locale this took place and the beliefs and agenda of the local DA. But yeah…..once you are clear to leave stopping isn’t a good idea. Looks like her phone ends up on the ground. People are so totally addicted to phones now they will take insane risks and do stupid things to keep their phone.
On February 1, 2023 at 8:24 pm, NA said:
We don’t have enough facts. Was the guy shot while engaging or about to engage in felony assault? Did he have a history of stalking and threatening her and an active restraining order issued against him?
Look at Florida law, for example: “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… 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… 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.” https://codes.findlaw.com/fl/title-xlvi-crimes/fl-st-sect-776-012.html
Another way to think about it is: Are there any fact patterns under which this shooting would be legally permissible self-defense? The answer is yes. Need more facts.
On February 2, 2023 at 1:12 am, streamfortyseven said:
She starts driving off, notices that her cell phone is on the ground, stops, opens her door to get out and pick it up, her previous assailant moves up to within arm’s reach of her, she is put within reasonable fear for her life, and shoots in self-defense. That’s how I read this.
On February 2, 2023 at 6:39 am, Joe Blow said:
Its funny how this debate rages all the time. Same circular arguments, never goes anywhere.
FWIW, I live in TN, I _CAN_ shoot you dead in the back if you’re running out of my house with my TV. Yes I can, they’re codifying it into law….
As I understand the law in MOST jurisdictions, she should have continued driving away once she was free from the assailant.
What I see in the comments isn’t a legal debate but a moral one.
‘Should’ she (drive off)? Well, yes, remove yourself from the immediate threat.
As stated in other comments, did they know each other, was this threat going to persist after she left the gas station? Maybe that was her neighbor? If yes, then the threat wasn’t neutralized by driving off, was it?
Not speaking about mans law here, but morally was she obligated to drive off?
Ahhh… now we get to the meat of the matter.
I have no sympathy for the victim in this situation. FAFO…. maybe that bitch owed him some money and he was collecting? Dunno, but clearly a FAFO moment for the young man.
On February 2, 2023 at 8:25 am, Nosmo said:
We’re woefully short of accurate data on the situation.
That said, “just drive off” would have been the smart move, but….would it merely have postponed the confrontation and, potentially, under conditions more hazardous to the female?
At it’s base, however, is violation of the principle “exercise extreme care and good judgement regarding with whom one associates.”
On February 3, 2023 at 7:18 am, Cancemi Mark said:
Does it seem like there is some familiarity between them? Maybe this isn’t the first time he has assaulted. Maybe she feared he would harm her in the near future. Who the heck knows. But that guy is 3x her size and was the aggressor assaulting a woman. Zero recidivism possible at this point.
On February 9, 2023 at 6:04 pm, Jack Crabb said:
‘Just drive off”?
Maybe. What if his car was behind her out of frame? Would he have given chase?
Hard to come to any conclusion based on that 27 second video.
My initial thought? He fucked around and found out.