Taurus Firearm Forum banner
1 - 10 of 10 Posts

·
Registered
Joined
·
4,298 Posts
Discussion Starter · #1 ·
This is an interesting self defense story because the shooter initially punched the deceased, then ran off. The 2nd person then ran after the 1s person with a gun and was shot. Although it was found to be a case of self defense because the 2nd person went after the 1st person and also escalated the level of violence, someone else in some other place might not be so fortunite.

The link only says that there was a argument or fight. It's possible the shooter had a good reason to throw a punch, IDK.

https://www.mlive.com/news/2019/01/...ed-self-defense-no-charges-will-be-filed.html
 

·
Registered
Joined
·
4,298 Posts
Discussion Starter · #3 ·
This would be a case of mutual combatants. It can go ether way and be over turned in an appeal in a blink.
It's not going to go either way at this time, because the prosecutor made a ruling and that usually is sufficient. Unless of course it changes into like what happened in the Trayvon Martin case a special prosecutor files charges. Of course new information could change things. And like I previously said, even though the shooter did punch the deceased, it's possible something occurred that isn't reported in the story that would've justified the action taken anyway. And there's always the possibility of a civil suit.

from the news link:

DETROIT -- The Wayne County Prosecutor’s Office has ruled a fatal shooting in Inkster Saturday was a case of self defense and no charges will be filed against the shooter.

Prosecutor Kym Worthy’s office announced the decision Wednesday, regarding the incident which took place at a Marathon gas station on Michigan Avenue, Saturday afternoon. After reviewing video evidence of the incident, it was determined the shooter was acting in self defense.
 

·
Registered
Joined
·
19,780 Posts
Obviously a need for additional gas station restrictions here. Outlawing those high capacity pumps would be a good start. If they could only get a gallon or two, people wouldn't be hangin' out there so long...:dunno:...less chance for arguin' and shootin' an' stuff.
 

·
Registered
Joined
·
4,952 Posts
This is an interesting self defense story because the shooter initially punched the deceased, then ran off. The 2nd person then ran after the 1s person with a gun and was shot. Although it was found to be a case of self defense because the 2nd person went after the 1st person and also escalated the level of violence, someone else in some other place might not be so fortunite.

The link only says that there was a argument or fight. It's possible the shooter had a good reason to throw a punch, IDK.

https://www.mlive.com/news/2019/01/...ed-self-defense-no-charges-will-be-filed.html
Under Florida law, even if a person starts the fight, they can justify self-defense if they make a reasonable effort to break off the fight (but something to note -- the person starting the fight loses 'stand your ground' protections).

776.041 Use or threatened use of force by aggressor.—The justification described in the preceding sections of this chapter (note - the justification mentioned is use of deadly force) is not available to a person who :
2) Initially provokes the use or threatened use of force against himself or herself, unless:
(a) Such force or threat of force is so great that the person reasonably believes that he or she is in imminent danger of death or great bodily harm and that he or she has exhausted every reasonable means to escape such danger other than the use or threatened use of force which is likely to cause death or great bodily harm to the assailant; or
(b) In good faith, the person withdraws from physical contact with the assailant and indicates clearly to the assailant that he or she desires to withdraw and terminate the use or threatened use of force, but the assailant continues or resumes the use or threatened use of force.
 

·
Registered
Joined
·
15,357 Posts
Under Florida law, even if a person starts the fight, they can justify self-defense if they make a reasonable effort to break off the fight (but something to note -- the person starting the fight loses 'stand your ground' protections).

776.041 Use or threatened use of force by aggressor.—The justification described in the preceding sections of this chapter (note - the justification mentioned is use of deadly force) is not available to a person who :
2) Initially provokes the use or threatened use of force against himself or herself, unless:
(a) Such force or threat of force is so great that the person reasonably believes that he or she is in imminent danger of death or great bodily harm and that he or she has exhausted every reasonable means to escape such danger other than the use or threatened use of force which is likely to cause death or great bodily harm to the assailant; or
(b) In good faith, the person withdraws from physical contact with the assailant and indicates clearly to the assailant that he or she desires to withdraw and terminate the use or threatened use of force, but the assailant continues or resumes the use or threatened use of force.


Doesn't apply, wrong jurisdiction. This may also be a situation where the punch might have been to prevent getting shot point blank and give the shooter time to retreat. Once the recipient of punch started running after them with gun drawn, that would be justification to shoot to stop the threat.
 
  • Like
Reactions: pegasus

·
Registered
Joined
·
4,952 Posts
Doesn't apply, wrong jurisdiction. This may also be a situation where the punch might have been to prevent getting shot point blank and give the shooter time to retreat. Once the recipient of punch started running after them with gun drawn, that would be justification to shoot to stop the threat.
Florida law doesn't apply in Detroit? Well, shuck my corn -- whoda thunk that? But thanks for the info. :D
 

·
Registered
Joined
·
15,357 Posts
Florida law doesn't apply in Detroit? Well, shuck my corn -- whoda thunk that? But thanks for the info. :D
No. I think Duluth Minnesota's laws currently apply to Detroit at least until the End of March, then they rely on the laws of Syracuse NY through to July 14th. Florida laws will apply in Fall of 2026.
 
  • Like
Reactions: pegasus and 230JHP
1 - 10 of 10 Posts
Top