Rough week. If only some of these people or bystanders were armed, these tragedies wouldn't have happened. SMDH. Can we put to bed the notion that everyone should have access to a gun to keep people with access to guns from killing people who have access to guns but are not currently carrying one?
Yeah, the problem with the "good guy with a gun" theory is that even good guys have bad moments. So we hear about the good guy with a gun story what maybe 3 to 4 times per year? How many times per day do we not hear about - Good guy with gun finds out wife was cheating on him. Offs wife. Good guy with gun gets fired. Kills boss. Good guy with gun gets drunk, kills who ever pisses him off. etc. etc. etc. But FreeDUMB!
Reminds me of a line in the current Netflix series Florida Man. One character is about to fly down to FL and another asks - "aren't you going to take a gun?" He answers "no, I'm flying"/. Well, how're you gonna get a gun? He looks the guy dead in the eye and says "Moss, its Florida" an ok series
Florida Statute 790.19 Shooting into or throwing deadly missiles into dwellings, public or private buildings, occupied or not occupied; vessels, aircraft, buses, railroad cars, streetcars, or other vehicles.—Whoever, wantonly or maliciously, shoots at, within, or into, or throws any missile or hurls or projects a stone or other hard substance which would produce death or great bodily harm, at, within, or in any public or private building, occupied or unoccupied, or public or private bus or any train, locomotive, railway car, caboose, cable railway car, street railway car, monorail car, or vehicle of any kind which is being used or occupied by any person, or any boat, vessel, ship, or barge lying in or plying the waters of this state, or aircraft flying through the airspace of this state shall be guilty of a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
Stand Your Ground Statute: "776.013 Home protection; use of deadly force; presumption of fear of death or great bodily harm.— (1) A person is presumed to have held a reasonable fear of imminent peril of death or great bodily harm to himself or herself or another when using defensive force that is intended or likely to cause death or great bodily harm to another if: (a) The person against whom the defensive force was used was in the process of unlawfully and forcefully entering, or had unlawfully and forcibly entered, a dwelling, residence, or occupied vehicle, or if that person had removed or was attempting to remove another against that person’s will from the dwelling, residence, or occupied vehicle; and (b) The person who uses defensive force knew or had reason to believe that an unlawful and forcible entry or unlawful and forcible act was occurring or had occurred. ..... " I guess the DA has to decide if, given the events that transpired, the dude's actions were "wanton or malicious" or in "fear of imminent peril of death". Do you think the DA will ultimately charge?
I don't have access to the police report, but my inclination would be to charge the homeowner with the statute I copied and pasted above. There is nothing to suggest the Instacart couple was armed. Florida law authorizes the use of deadly force to prevent the commission of a "forcible felony" and burglary is included in the definition of "forcible felony." At worst...at worst...the Instartcart people were trespassing. Absent them threatening deadly force, the homeowner was authorized to use reasonable, non-deadly force to terminate the trespass. That does not include shooting at the vehicle. Absent the property being posted against trespassing, the delivery people entering a fenced in area or defying an order to leave, I don't even think they were trespassing. An open driveway and a sidewalk leading up to your front door creates an implied invitation for delivery people, service people, neighbors, other visitors and even solicitors to go knock on your front door or ring your doorbell. Absent posting or fencing, those people are not trespassing unless and until they defy an order to leave. In Florida, stand your ground gets conflated into the deadly force statutes. It is not cleanly written, IMO. SYG does not allow you to use deadly force in lesser threat level situations, just where it can be used without retreating. The common law rule is that one has a duty to retreat, if one can do so safely, before using deadly force. The Castle Doctrine eliminated that requirement where one was in their own home...no duty to retreat there. In simple terms, SYG eliminates the duty to retreat anywhere. You still have to have the same threat level or level of provocation to use deadly force...generally to prevent one of the enumerated offenses from occurring.
Here's some color. "According to police reports released Friday, Diamond D'arville and Waldes Thomas had been trying to deliver groceries Saturday night when they drove onto the wrong property. The reports said they ended up on the property of Antonio Caccavale, who was there with his two kids, ages 12 and 13. Caccavale told police he saw a car driving erratically on the property, and that the car drove in his direction, running over his foot and causing him to dive out of the way. He said he drew his handgun and fired several rounds at the tires of the car as it drove away, the reports said." Actions of Gunman, Instacart Delivery Driver Justified in Davie Shooting Incident: Police – NBC 6 South Florida A witness heard the shots as the car was high tailing it off the property.
agree. I started to post instances of guns accidentally causing harm but it was too depressing. Such as accidents hitting a child, a mistaken-shooting of wrong person, a domestic killing that might have ended differently, killing that might have ended differently if gun wasn’t involved (Tampa theater) or road rage, etc. . Many many more of those instances than a gun nut finally getting to shoot home invaders.
And why do some gun nuts seem so anxious just to shoot someone… from op… “Heather Roth, one of four cheerleader team members transferring rides in the lot after practice, said she got out of her friend’s car and into a car she thought was hers, but there was a stranger in the passenger seat, She said she panicked and got back into her friend’s car, but the man got out of his vehicle and approached. She said she tried to apologize through her friend’s car window, but the man threw up his hands, pulled out a gun and opened fire. Roth was grazed by a bullet and was treated at the scene, police said. Her teammate Payton Washington, 18, was shot in the leg and back. “Payton opens the door, and she starts throwing up blood,” Roth said. Washington was flown to a hospital in critical condition. Doctors had to remove part of Washington’s spleen, KTRK-TV reported.” Texas cheerleaders shot after one says she mistakenly got in the wrong car
Californians living with handgun owners more than twice as likely to die by homicide, study finds This study seems to suggest you have a higher risk from gun violence when you are living a home with a gun than without. This particular study focuses on homicide. “Despite widespread perceptions that a gun in the home provides security benefits, nearly all credible studies to date suggest that people who live in homes with guns are at higher — not lower — risk of dying by homicide,” said the study’s lead author, David Studdert, LLB, ScD, a professor of health policy at the Stanford University School of Medicine and a professor at Stanford Law School.
I'm thinking if you're one of those that are not concerned with asses having guns, you might be one the asses. I hate the prospect of unintentionallly wronging a cowardly lion and getting shot my troubles.
Texas HS Girls basketball. Hey, someone might have gotten shot, but at least the genital issue didn’t ruin the game
Not enough info there to properly assess the situation. Running over the homeowner's foot could be anything from a simple accident to an aggravated battery to an attempted murder.
"It's not entirely clear what happened next, and in what order, but the driver and his companion said that Caccavale approached them aggressively, prompting their hasty exit, according to the document. The duo said Caccavale had grabbed or otherwise latched on to the vehicle as it was moving, the report stated. Caccavale's foot was struck by the Civic, according to the police report, and Caccavale said he opened fire after that in order to prevent more injury and protect his family from the vehicle." Florida police decline to make arrests after neighbor shoots at grocery delivery car The driver says the shooter angrily grabbed onto the vehicle as it was moving, and then after it struck his foot, he opened fire. Too bad there's no footage.
Funny part about that whole schitck was the guy had to buy a gun illegally to get one (even though he was a LEO).
“the 20-year-old was an artist and a "Disney fanatic" who was looking forward to starting college in Florida so she could become a marine biologist. “Our family will never be the same” They accidentally drove into the driveway of Kevin Monahan in the town of Hebron, police say…..young adults who were looking for a friend's house …..As the driver was leaving, Mr Monahan, 65, allegedly opened fire on the vehicle, hitting Ms Gillis. The type of bullet that killed Ms Gillis was a large lead slug fired from a 12-gauge shotgun,” Woman shot dead after pulling into wrong driveway - BBC News
Some amendments are more important than others. The right to shoot others is taking precedence over all other considerations. (mah rats)
