Judge denies 'stand your ground' defense in movie theater shooting

[HAB911]

Source: CNN

(CNN)A retired Tampa police captain who shot and killed a man in a movie theater will face a second-degree murder charge after a judge ruled that Florida's controversial "stand your ground" law does not apply in this case.

After two weeks of pretrial testimony, Judge Susan Barthle cast doubt on Curtis Reeves' assertions that he was acting in self-defense when he drew and fired his gun.

"Because the defendant's testimony was significantly at odds with the physical evidence and other witness testimony, this court has considerable doubts about his credibility, and is not willing to come to the conclusion that these circumstances are those envisioned by the Legislature when the 'stand your ground' law was enacted," Barthle ruled.

A trial date has not been set, CNN affiliate WFTS in Tampa reported.



Read more: http://www.cnn.com/2017/03/10/us/stand-your-ground-movie-trial/index.html?sr=twCNN031017stand-your-ground-movie-trial0530PMStoryLink&linkId=35331965

[Ligyron]

1. They're just now getting to this?

Plus, no trial date set yet?

Must be overloaded PA's in Tampa town.

[maxsolomon]

2. Plead now, Murderer

Man 2 is the best deal you're going to get, and maybe you'll be out before you die.

Regardless, the Civil suit will clean you out.

[tenorly]

3. Of course it doesn't.

The victim in this case was far too white for such pretexts to stick.

That said, I'm glad justice was done - even if it was three years on. Would that it were always so.

[Blue_Tires]

6. +1

[cstanleytech]

9. I suspect that its that popcorn isnt usually considered a lethal weapon thus

a plea of self defense kind of flies out the window.

[mitch96]

4. Ex cop got convicted??

In Florida??? amazing..
m

[HAB911]

5. Not convicted

Just denied Stand Your Ground status, now to trial

[heaven05]

7. not really

since victim was white....

[NWCorona]

13. Just look at the victim and all will be answered. Nt

[Aristus]

8. "But...but...but Judge! He had popcorn!

I'm terrified of popcorn! It was justified!"

All right now, Your Honor. Make sure he gets thrown under the jail.

Right-wingers like sentences that deter crime; make that happen for them...

[mitch96]

17. But.. but...

your honor it was TACTICAL popcorn and it was CAMOUFLAGED TOO!!!
m

[erpowers]

10. I'm Shocked

Considering George Zimmerman was allowed to use this defense I thought sure this guy would get to use the defense. He had more right to that defense than George Zimmerman. At least in this case there is proof that the man who was shot was acting in an aggressive manner. The old guy should not have shot the young guy, but I can see how the old man might have gotten angry and felt threatened. I can see how thinking he was covered by stand your ground that the man would have shot the young man.

I do realize this was only a question of whether or not the man had to stand trial and Zimmerman had to stand trial. However, I thought if anyone had a right to not stand trial for killing someone this guy had the right. So, I wonder if this guy will get off like George Zimmerman did. Yes, considering George Zimmerman was not convicted based on using some form of a stand your ground defense, this man should get off since he had more of a reason to shoot the guy in the movie theater than Zimmerman had to shoot Trayvon Martin.

[hack89]

18. Zimmerman did not use a SYG defense

There was no pre-trial SYG hearing like the one in the OP.

[kairos12]

11. Outstanding. Lock him up for good. Danger to the community.

[Turbineguy]

12. Typical republican law.

They tell you it's legal to shoot anybody you want and then when you do it, they pull the rug out.

[ManiacJoe]

19. Unless you simply forgot the sarcasm tag,

you should brush up on the self defense laws instead of spouting such nonsense.

[HAB911]

23. It gets worse

http://www.democraticunderground.com/1172202144

For the second year in a row, Fleming Island Republican Sen. Rob Bradley is proposing to alter the legal procedure for how a criminal defendant seeks immunity from prosecution under Florida’s controversial 2005 law.

Stand Your Ground allows individuals to use deadly force in self-defense — with no obligation to retreat or flee. Current practice, supported by the Florida Supreme Court, requires defendants to prove before trial why they’re entitled to such immunity.

But Bradley’s proposal (SB 128) would shift the burden of proof at that pre-trial hearing so instead, the prosecutor would need to prove before trial “beyond a reasonable doubt” why a defendant couldn’t claim they lawfully stood their ground.

[keithbvadu2]

14. Stand your ground first?

[Judi Lynn]

21. Terrific. Thanks. n/t

[Judi Lynn]

22. Terrific. Thanks. n/t

[Paladin]

15. Good. (nt)

[lark]

16. amazing!

There is still a judge in FL who won't accept some retired white cop killing someone for no reason whatsoever, other than hate and thinking he could get away with it.

[Judi Lynn]

20. Unexpected surprise. Good. Thank you. n/t