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Satman
The legal argument was regarding if striking the older man was assault (yes) and a felony (yes...because he was actually struck which equals battery). Simple battery is a felony if committed on a person 65 or older (protected class). Stand your ground allows deadly force if the person reasonably believes that such force is necessary to prevent great bodily harm or imminent commission of a forcible felony (which includes the use or threat of physical force or violence against an individual). |
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No. I did not use the words interchangeably...they are events that happened sequentially.
Incidentally, how do you "deal in fact" when determining "state of mind" or "fear" of another unless you either assume based on the actions they took or what they stated they felt? Mind readers? Quote:
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If the shooter could turn back the clock, knowing what he knows now, I am fairly certain he would have just gone home when the guy was texting in the theater and did not stop when asked. If any of you are confused about whether or not the texter committed assault and battery on the guy before he got shot, yes, he did. If you think otherwise, you need a better understanding of what "assault and battery" means. Oh and Shaun, it sure as heck is not the "pro gun control liberals" that are failing to place all the blame on the shooter. Where do you come up with this stuff? |
I agree...it was not "accosting" until he stood and raised his voice.
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The statute clearly delineates between the two. "In the case of battery, from a misdemeanor of the first degree to a felony of the third degree. (d) In the case of assault, from a misdemeanor of the second degree to a misdemeanor of the first degree." Unless the victim had previous convictions, it is misdemeanor battery at best and one would question that because of the intent to do "violent harm". Would I (if on a jury) consider someone throwing popcorn did so in the hopes of causing violent harm??? No. How about a head fake instead of a bag of corn puffs???? Ridiculous right? Yet, he could be just as frightened and fired according to you.. Reasonable?? However as meek as the man must be in your scenario, he actually had the gumption to confront the man firstly (we'll find out how politely), complain to management (again I'm sure it was with the kindest of dispositions) and then go have words with the dude again because he couldn't get management to act fast enough to suit him. Couple that with the fact that he was carrying. This doesn't present an easily scared fellow to me. |
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Did Reeves not raise his voice at all during the entire exchange? I have at least four distinct levels to my voice without trying. Don't know when one would consider it elevated or merely pointed questioning. |
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And yes, it's a fact that anger taints our judgment. Accept it or don't, it's true. And it's already been established Fin is just being contrarian. I don't believe he believes what he's arguing for. Just trying to get an honest answer but it doesn't really matter. |
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Just writing that you want popcorn thrown is grounds for being shot. Any jury would back that that up. SmileWavy
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Are you referring to speeder's and shaun's passive-aggressive digs at Finny? If so... that... is "established" in your mind? |
Don't have much to add to this except that if popcorn was used to commit the crime then it would be a salt and buttery.
Tobra, a very perceptive post. |
When popcorn is outlawed, only outlaws will have popcorn.
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Sat man
I fail to see how reporting someone for texting or even carrying a gun would make anyone less afraid of being injured if struck/punched. Having something in your pocket make the pain go away...or create some kind of force field? |
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Sat man
Read it again. The FL law is very clear regarding battery on anyone over 65. It is indeed a felony. |
EMJ
How is it not honorable to defend the shooter based on the premise of innocent until proved guilty? In fact, why is it not honorable to argue most anything one has an opinion on? |
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Him for glaring at her - she for watching him glare at her? These people need to get a life! :eek: |
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I'm out. It's been... Interesting. Until the next one. :) |
Hope she learned her lesson. Glaring is effective,
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Thus averting another shooting - in theory. |
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http://blogs.houstonpress.com/artatt...ver-729008.jpg |
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After reading the back and forth in this thread I am glad the participants aren't armed with popcorn and guns. The same unwillingness to back down as the guys in the theatre on display. |
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I think I'll return when this thread hits 100 pages.... |
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He can respond, if chooses to do so Quote:
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You certainly seem to enjoy arguments, good luck with that. |
(2) Whenever a person is charged with committing an assault or aggravated assault or a battery or aggravated battery upon a person 65 years of age or older, regardless of whether he or she knows or has reason to know the age of the victim, the offense for which the person is charged shall be reclassified as follows:
(a) In the case of aggravated battery, from a felony of the second degree to a felony of the first degree. (b) In the case of aggravated assault, from a felony of the third degree to a felony of the second degree. (c) In the case of battery, from a misdemeanor of the first degree to a felony of the third degree. (d) In the case of assault, from a misdemeanor of the second degree to a misdemeanor of the first degree. |
Act like a dick in a movie theater and you might wind up dead. Whether the shooter is right or wrong (probably wrong) a dick is a dick, and dead ends your dick-ness.
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No videos or photos of the incident have leaked yet. I'm kind of surprised.
Do they have security cameras in theatres over there? We have them here but it's supposed to be a secret. :rolleyes: Did no one think to snap a few off? |
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. If you cannot handle the awesome responsibility of instant death, you don't deserve to walk the streets. |
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"The round also hit Oulson's wife, Nichole, in the hand as she tried to pull her husband away, authorities said." Retired Tampa cop denied bail in movie-theater slaying - U.S. News |
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Of course an elderly person should fear a physical attack. Elderly are a bit more fragile...and die every day from an assault that would be much less dangerous on a younger person.Man dies after being punched - Worcester Telegram & Gazette - telegram.com
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did I mention he was persistent.
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Just responding to questions that were posed earlier...when I was standing on a train using a phone. A real computer is helpful.
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I see he's using the flashlight app...
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