man assaulted in movie theater

Discussion in 'Too Hot for Swamp Gas' started by el_lagarto, Feb 8, 2014.

  1. vertigo0923
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    vertigo0923 night owl mod VIP Member

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    hopefully you're also being sarcastic.
    because who you brand 'an a$$hole' may not really be 'the a$$hole' if you get my drift.
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  2. CDG8tor
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    CDG8tor Active Member

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    Got plenty for what I'll encounter wherever I go.

    Thanks for the advise though.
  3. CDG8tor
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    CDG8tor Active Member

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    Actually I'm not.

    I'm fed up with people who thank they can assault you without consequences.

    If you don't like our Stand your ground law move, don't move here, or try to get it repealed.

    Look, I'm 61. I had two major cervical surgeries. Serious nerve pain below my neck.
    One thing the doctor told me post surgery was to avoid any altercations as my neck is ok but not like it used to be.
    For that reason I will not take a chance if I'm assaulted.
    If it was back before the neck problems when I was much younger I'd go toe to toe with anyone. Have many times in the past.
    Those days are gone.
    So, My point is don't assault anyone for any reason because you just don't know what they will do and for what reason.
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  4. vertigo0923
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    vertigo0923 night owl mod VIP Member

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    honestly, i didn't think you were.
    cold blooded.
    i don't have any intention of 'moving there'.
    been there done that.
    used to be a great place.
    not the florida it used to be.

    ps i've had one major cervical surgery. was supposed to have another, but it never seemed convenient, now i deal with, yes, severe pain and stenosis. does it make me feel like i need to have a gun ON ME at all times? or do i realize i can just about always walk away...unless it's from someone with a gun, and a shoot first mentality. or when people 'shoot' in theatres, there's likely to be collateral damage. that there wasn't is just blind luck. and i don't want to be 'collateral damage' because some a$$hole felt he was being assaulted with popcorn..
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  5. tegator80
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    tegator80 Well-Known Member

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    Simple answer: don't bring popcorn to a gun fight, whether you know you are around one or not. But stupid is what stupid does.

    No real difference than acting all high and mighty driving like a power driver. You never know who you are driving around.
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  6. el_lagarto
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    el_lagarto Premium Member

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    i get that popcorn is not a deadly weapon and the popcorn V gun argument is funny. but im not sure how valid it is in the eyes of the law. the jury instructions are going to be key.

    i would assume the jury will be asked to decide if old guy was reasonably in fear of bodily harm and did he act in self defense. i think anything that happened before the physical altercation is moot in the eyes of the law.

    a younger larger guy standing over him , throwing stuff at him and hitting him in the face with it, is what the video shows. the old guy was a victim of assault and was under NO obligation to wait and see if the assault would escalate or cease before defending himself.

    he sure was ready to shoot tho, popcorn in face and blam, dead. i dont think thats here nor there tho in the eyes of the law.

    i got a 6 pack of good beer says old guy gets not guilty.
  7. vertigo0923
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    vertigo0923 night owl mod VIP Member

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    down there, i wouldn't bet against you.
  8. vertigo0923
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    vertigo0923 night owl mod VIP Member

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    though, if you LEAVE, and go out and come back in, and THEN shoot....is that really 'self defense'?
    or just a guy with a problem?
  9. AndyGator
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    AndyGator Well-Known Member

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    i got a 6 pack of good beer says old guy gets not guilty.

    I'll take that bet. Just don't try and push any Busch lite on me when you lose ;).
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  10. el_lagarto
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    el_lagarto Premium Member

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    deal.
    [​IMG]
  11. Emmitto
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    I think he gets the pass unless the prosecution can make hay of the delay between the (alleged) fist/phone and the popcorn. One could make the argument that he premeditated it during that time and the video shows that either he is one hell of a quick draw or he had that heater ready to go.

    I think it's going to be a technical merit decision either way, and both are pretty crappy. Either someone is going to be successful in getting "assault" defined in a way I think most of us would scoff at if there were no axes to grind, and that will mean killing someone in this situation is sanctioned. OR, the shooter is going to get collared with "premeditation" in a five second window in which he was clearly fuming. Again, most of us would probably call that losing your sh!t, but not necessarily premeditation. I generally think you need more than five seconds to contemplate and commit to killing someone. But maybe I'm just slow.

    Either way, looking at it from 1000 miles, this is just wacky all around.

    I might pay double if I could get the people around me at movies to text. Instead of, you know, having full blown conversations on the phone or the person with them. But that's more a statement on society at large, not these guys.

    Plus, I see that a lot of people's takeaway here is "Be careful who you mess with, they might shoot you!" Yeah, but I think this might cut both ways. I mean since I'm relatively young and an incredible physical specimen (hey, I had to type that last part six times, the keyboard literally refused to do it??) my takeaway might be "Be careful when an old man confronts you, he's probably afraid and is going to shoot you. Don't throw popcorn, either get a well-placed shot into his nose or shoot first."
    Last edited: Feb 8, 2014
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  12. CDG8tor
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    CDG8tor Active Member

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    Call me cold blooded, no problem.

    I've never started a fight in my life, never.

    I'll walk away from one if I can.

    When I bump into people, I say excuse me. Even if I think the other person should have.

    After that, if I'm assaulted I'm going to pop a cap in their a$$.

    I was a city cop, deputy, EMT first responder, and a fire marshal over a span of 30 years. I've seen what bad people can do. I've been there and seen it with my own eyes.

    They need to be dealt with.

    Thankfully, that's the attitude I had many years ago when I convinced my wife to carry a gun in her purse (illegally) because she was delivering in bad areas of St Pete. Three guys pinned her car in a parking spot with their car, got out and tried to force their way into her vehicle, all in broad daylight. She showed them her gun and they ran off. Couldn't tell her boss as it was against company policy and certainly not the police because she was carrying illegally. She resigned that week. Wonder what would have happened to her without her gun? ( she still has it BTW)
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  13. asuragator
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    There's a fine line between legitimate self-defense and being to quick to use a gun in defense of flying popcorn (though if it's buttered, that would be different). Getting hit with popcorn should rarely ever be a justification for shooting and killing someone unless there is something more to it. It's as if we should lower the standard of responsibility that each of us has to allow for the weakest justifications to just "pop a cap in their ass."

    The flip side would be the one time you bump into someone and don't say your sorry but say something stupid maybe even uncharacteristic, and that person pops a cap in your ass and make your wife a widow and then he tries to justify shooting you by saying well he bumped into me and said something and I was scared. Do we really want folks to just settle things by killing when the law should be written to ensure that killing is unacceptable except in such extreme circumstances?
    Last edited: Feb 8, 2014
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  14. Lawdog88
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    Problem is, JD, you want people to have good sense.

    Try to find some of that, these days.
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  15. GolphinGator
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    GolphinGator Well-Known Member

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    I am not sure the guy is all there as his daughter talked about some of his physical problems and I suspect his mind may not be all there. Being a retired life time police officer it was not a new thing for him to carry a gun as he had been trained professionally how and when to use his gun. That said if you raise your hand to a police officer and get shot they would have him back on patrol in a week.
  16. fubar1
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    I'm sure the old guy does have anger issues. But the dead guy may have had even bigger problems with anger and violence.
    Who throws a cell phone and popcorn at someone, especially an old fart, just because he makes a reasonable request for you to be considerate and not diminish the theatre experience for everyone by texting?
  17. fubar1
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    If I had a cellphone and then popcorn thrown at me in succession, I'd wonder what was next. And it's a perfectly legitimate belief/fear that it could next be a fist.

    The young guy already committed a felony before he got shot. Just don't see how any jury is going to convict the old fart of anything more severe than manslaughter. I doubt he even gets convicted though.
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  18. fubar1
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    Except the defense probably won't use stand your ground.
  19. g8orbill
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    I am not excusing eh dead guys actions-he was an idiot -an out of control idiot

    I just do not think pulling out his gun and shooting the guy was the answer

    I am an old guy with a CCP-I am a pretty good sized old guy-once the issue began I would have just gotten up and moved

    bad decisions are usually accompanied by bad consequences
  20. asuragator
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    asuragator Well-Known Member

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    Apparently so :)

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