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-   -   FL Retired cop, shoots texting wanker (http://forums.pelicanparts.com/showthread.php?t=791641)

scottmandue 01-17-2014 11:33 AM

Quote:

Originally Posted by Baz (Post 7861757)
I have no agenda - except to always champion the concept of common courtesy.

SmileWavy

POOPYHEAD!

:p

http://forums.pelicanparts.com/uploa...1389990791.jpg

fintstone 01-17-2014 11:36 AM

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).

70SATMan 01-17-2014 11:37 AM

Quote:

Originally Posted by fintstone (Post 7861817)
I would do the same...ask them to stop, report them if they did not, and then glare at them until the movie was over unless they made an apology...or at least seemed to regret their bad behavior.

I think if we are going to state that glaring at someone is not rude then having additional words for a tattletale is not "accosting".;)

fintstone 01-17-2014 11:41 AM

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:

Originally Posted by 19-911-65 (Post 7861841)
Accosted was your definition and description, not mine and they carry two different definitions. One being more severe then the other.

"If"...I would much rather deal in fact then fanciful make believe.

And last but not least...its a no brainer!


Tobra 01-17-2014 11:48 AM

Quote:

Originally Posted by EMJ (Post 7861747)
Agree. Especially when anger is clouding their judgment and training. Yes.

You seem to have a habit of thinking your opinion is fact, even without any support.
Quote:

Originally Posted by EMJ (Post 7861792)
She's referring to the incident a few weeks ago verified by another couple he had reported for texting in I believe the same theater. The lady told CNN that he "glared" at them for the entire movie and didn't even watch the movie. She was there with her husband and three kids. This is why most here believe he was a ticking time bomb.

yet again, you don't seem to know the difference between what you think and what is
Quote:

Originally Posted by EMJ (Post 7861854)
Okay, Fin, let's be honest and put aside all of the contrarian stuff. If this was a loved one, and they behaved like the victim, would you defend the actions of the shooter? Actually, let's make the texter your son. Honest answer.

His son would never act like that, never.

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?

fintstone 01-17-2014 11:49 AM

I agree...it was not "accosting" until he stood and raised his voice.

Quote:

Originally Posted by 70SATMan (Post 7861864)
I think if we are going to state that glaring at someone is not rude then having additional words for a tattletale is not "accosting".;)


70SATMan 01-17-2014 11:54 AM

Quote:

Originally Posted by fintstone (Post 7861862)
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).

You are not taking into account the differences between simple assault and battery and aggravated assault/battery.

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.

70SATMan 01-17-2014 12:00 PM

Quote:

Originally Posted by fintstone (Post 7861896)
I agree...it was not "accosting" until he stood and raised his voice.

I didn't catch a report that he was the first one to raise his voice... Was it merely raised, elevated or screaming when he asked if Reeves had reported him??

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.

EMJ 01-17-2014 12:00 PM

Quote:

Originally Posted by Tobra (Post 7861893)
You seem to have a habit of thinking your opinion is fact, even without any support.

yet again, you don't seem to know the difference between what you think and what is

His son would never act like that, never.

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?

Simmer down there. I never stated any of my opinions are fact. Witnesses mentioned he was very upset during the entire exchange. This is a fact and it's been confirmed. And I don't care what his son would and would act like. My question is a hypothetical. Why don't you let him answer the question (If he so wishes to)?

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.

70SATMan 01-17-2014 12:04 PM

Quote:

Originally Posted by scottmandue (Post 7861856)

Hopefully his pint was only drawn from the tap!

Shaun @ Tru6 01-17-2014 12:07 PM

Quote:

Originally Posted by 70SATMan (Post 7861921)
Hopefully his pint was only drawn from the tap!

OK, that was the funniest thing I've read all month long. Well done!

Shaun @ Tru6 01-17-2014 12:10 PM

Just writing that you want popcorn thrown is grounds for being shot. Any jury would back that that up. SmileWavy


Quote:

Originally Posted by KC911 (Post 7861749)
Are you dense or just lack reading comprehension?























This thread needs to throw some popcorn :D


Heel n Toe 01-17-2014 12:40 PM

Quote:

Originally Posted by EMJ (Post 7861916)
...it's already been established Fin is just being contrarian. I don't believe he believes what he's arguing for.

Exactly where has that been "established?"

Are you referring to speeder's and shaun's passive-aggressive digs at Finny?

If so... that... is "established" in your mind?

bivenator 01-17-2014 02:10 PM

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.

Shaun @ Tru6 01-17-2014 02:15 PM

When popcorn is outlawed, only outlaws will have popcorn.

fintstone 01-17-2014 02:16 PM

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?

EMJ 01-17-2014 02:18 PM

Quote:

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.<br>
<br>
Tobra, a very perceptive post.
Of course it was. YOUR post is very nice passive aggressive, too. Don't confuse facts for opinions. My opinions are opinions - facts are facts. And I know the difference. Good luck defending your shooter guy. Very honorable.

fintstone 01-17-2014 02:29 PM

Sat man
Read it again. The FL law is very clear regarding battery on anyone over 65. It is indeed a felony.

fintstone 01-17-2014 02:31 PM

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?

Baz 01-17-2014 02:38 PM

Quote:

Originally Posted by EMJ (Post 7861792)
---snip---The lady told CNN that he "glared" at them for the entire movie and didn't even watch the movie. ---snip---

Are you saying neither one saw the whole movie?

Him for glaring at her - she for watching him glare at her?

These people need to get a life! :eek:

EMJ 01-17-2014 02:40 PM

Quote:

EMJ<br>
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?
My reply was to Biv, the passive aggressive, indirect guy.;)

I'm out. It's been... Interesting. Until the next one. :)

fintstone 01-17-2014 02:42 PM

Hope she learned her lesson. Glaring is effective,

Baz 01-17-2014 02:42 PM

Quote:

Originally Posted by EMJ (Post 7861807)
I believe he confronted them and reported them to theater manager as well. Then glared at them all movie long. Same scenario minus the popcorn throwing, and you know, the killing and all.

Plus in that first scenario - I believe the offending texter was told by theater management to shut her phone off.

Thus averting another shooting - in theory.

Baz 01-17-2014 02:47 PM

Quote:

Originally Posted by scottmandue (Post 7861856)

LOL.....that's an old pic of me, BTW....I'm now sporting a mohawk.... ;)

http://blogs.houstonpress.com/artatt...ver-729008.jpg

Baz 01-17-2014 02:53 PM

Quote:

Originally Posted by EMJ (Post 7862152)
My reply was to Biv, the passive aggressive, indirect guy.;)

I'm out. It's been... Interesting. Until the next one. :)

You'll be back....:D

bivenator 01-17-2014 03:01 PM

Quote:

Originally Posted by EMJ (Post 7862152)
My reply was to Biv, the passive aggressive, indirect guy.;)

I'm out. It's been... Interesting. Until the next one. :)

Passive aggressive guy? I did address you much earlier in the thread in an indirect way. I asked if you needed help making a sign for your missing goat. You seemed to be getting kinda hot and wanted to lower the temps a bit.

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.

KFC911 01-17-2014 03:07 PM

Quote:

Originally Posted by bivenator (Post 7862189)
....After reading the back and forth in this thread I am glad the participants aren't armed with popcorn and guns.....

I wanna post that popcorn eating GIF, but I'm afraid I'll miss my mouth and get shot :D

I think I'll return when this thread hits 100 pages....

Tobra 01-17-2014 04:48 PM

Quote:

Originally Posted by EMJ (Post 7861916)
Simmer down there. I never stated any of my opinions are fact. Witnesses mentioned he was very upset during the entire exchange. This is a fact and it's been confirmed. And I don't care what his son would and would act like. My question is a hypothetical. Why don't you let him answer the question (If he so wishes to)?

Yes, you have presented your opinion as fact. Here you present the opinions of others as fact.

He can respond, if chooses to do so
Quote:

Originally Posted by EMJ (Post 7861916)
And yes, it's a fact that anger taints our judgment. Accept it or don't, it's true.

This is a correct statement of fact, good for you.
Quote:

Originally Posted by EMJ (Post 7861916)
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.

That has not been established, it is your opinion. You are, in my opinion, mistaken. Given my experience dealing with Fintstone here, I do not believe he would ever put something down that he does not believe. Maybe you are right and this is the first time.

You certainly seem to enjoy arguments, good luck with that.

fintstone 01-17-2014 06:05 PM

(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.

dondarnell 01-17-2014 08:08 PM

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.

Heel n Toe 01-17-2014 08:57 PM

Quote:

Originally Posted by EMJ (Post 7862152)
I'm out. It's been... Interesting.

http://forums.pelicanparts.com/uploa...1390024627.jpg

sc_rufctr 01-18-2014 12:28 AM

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?

DanielDudley 01-18-2014 10:39 AM

Quote:

Originally Posted by 70SATMan (Post 7860174)
Fox, there's a link to a story from another couple that had a run in with him. The quote was from that incident.

I work with a guy that has one of those ON/OFF switches. 0-100 in 1.2 secs. You don't get much warning from him when he gets irritated and the intensity hits a peak.

All speculation I know but, the escalation could have been equally quick from both guys. Old Cop is already pissed when he heads back into the theater. This I can see clearly. Dead Guy calls him out for tattling like a bitc! and the cop throws some choice words back as well.

I know guys that are fully ready to throw down if they're called a pussy and they know it wasn't said as a joke.

What it comes down to is whether as a society we accept that having a bag of popcorn thrown at us is justification for responding with lethal force.

I dont, regardless of who started what..

His status as an ex cop will go against him at trial for murder 2 if it goes that far. His fearing for his life is a tissue thin defense. I'm sure he knows this from experience. It'll be interesting to see what his ego allows. Will he take a plea?

Thanks for that. I seems like a rational response.

. If you cannot handle the awesome responsibility of instant death, you don't deserve to walk the streets.

fintstone 01-18-2014 10:41 AM

Quote:

Originally Posted by foxpaws (Post 7861127)
do you have the source where it states the texter's wife was restraining him?

Dont think I forgot your request...just needed a computer, not a phone

"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

fintstone 01-18-2014 11:01 AM

Quote:

Originally Posted by foxpaws (Post 7861423)
...I also never said the seats were extraordinary high - again - have you been in a theater in the last 20 years which had high back seats and stadium seating? If you have you know that if you have looked at someone behind you thinking you could hit that person and inflict great bodily harm is somewhat of a stretch. But, this is all speculation sir.

You can see over the seats, you could certainly shoot over them (the shooter was on 'high ground') it doesn't mean you could easily punch someone to the point where they feared great bodily harm over them from the lower position.

http://forums.pelicanparts.com/uploa...1390075233.jpg

http://forums.pelicanparts.com/uploa...1390075257.jpg

http://forums.pelicanparts.com/uploa...1390075281.jpg

fintstone 01-19-2014 08:13 AM

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

Shaun @ Tru6 01-19-2014 08:19 AM

did I mention he was persistent.

fintstone 01-19-2014 08:21 AM

Just responding to questions that were posed earlier...when I was standing on a train using a phone. A real computer is helpful.

DanielDudley 01-19-2014 09:59 AM

I see he's using the flashlight app...

Racerbvd 01-19-2014 10:15 AM

Quote:

Originally Posted by Tobra (Post 7855228)
It sounds like he asked a guy to put his phone away a few times, then went and complained to the manager. When he returned to his seat, the phone guy confronts him, phone guy gets shot dead and the woman with him gets one through the hand. That does not fit with the headline about shooting the guy because he was on the phone.

That is typical for media sensationalism headlines these days, the Zimmerman case wouldn't have been noticed if it stated drug dealer attacked Hispanic resident, or a local one where they reported that a kid was shot over loud music, when in fact, 4 teens yelled & threatened the guy who felt the need to defend himself after seeing what was thought to be a gun pointed at him, and the left out the fact that the driver of those teens was a convicted felon and was actually breaking his probation at the time. The Man responded to being threatened, not loud music, and at that time, Black Male youths were randomly attacking White people:mad:
Quote:

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.

Did no one think to snap a few off?
After the old guy shot someone for having their phone out would you really be pulling your phone out??


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