Man fatally shot in Walmart parking lot following dispute over parking space: Authorities

[groundloop]

Source: ABC News

A man was shot and killed in the parking lot of a Walmart in Florida following a dispute over a parking space, according to authorities.

The woman who pulled the trigger is claiming self-defense, according to the Broward County Sheriff's Office, which is investigating the shooting.

[....]

"The preliminary investigation revealed an adult female and the victim were involved in a verbal altercation over a parking space in the Walmart parking lot prior to the shooting," the Broward County Sheriff's Office said in a statement.

"According to investigators, the shooter, the adult female, remained on scene, cooperated with detectives and she told them the shooting was in self-defense," the statement continued.

Read more: https://abcnews.com/US/man-fatally-shot-walmart-parking-lot-dispute-parking/story?id=134422575

[3Hotdogs]

1. Good news for her. Now, she'll have her own, permanent parking space.

More good news for her. Florida has "Stand yer ground" protection for shooters. The parking spot was clearly supposed to be her ground.

[wolfie001]

16. His parking spot will be in an urn over the fireplace

[Hassin Bin Sober]

87. Oofff

[sinkingfeeling]

2. Ah, America. Where the answer to every problem is a gun.

[angrychair]

35. It was a middle aged Black woman

And a 60+ white male that would not leave her alone. She told him to back off multiple times and he kept harassing her. In the final moments she can be heard on video telling the guy to back off but he kept approaching so she shot him.

She tried a peaceful solution but the guy wasn't in the mood for a peaceful solution so he got dead.

[democratsruletheday]

38. it would SEEM you are correct but....

she's black and he's white and well....Floriduh.

[sinkingfeeling]

39. Why didn't she get in her car or walk into the store? I don't accept killing a person when there were other solutions.

[Kaleva]

42. What I saw was him closing the distance to her

She was walking away from him but he kept walking towards her.

[Hassin Bin Sober]

94. She initially got out of the car with a gun in her hand. That might be a problem for her.

That and the fact she is a black woman in Florida who shit a white man. I give it 70% she gets charged

[Kaleva]

107. Time will tell

[angrychair]

45. She tried

He kept harassing her.

It's hard to tell in the video I've seen but someone said it looked as if when he came back he had partially blocked her in.
She tried to walk away and create space and vehicles between them but he kept coming at her.

She had repeatedly asked him to back off but he kept coming.

What if she had tried to go to the store? What if he chased her down and attacked her? What do you think the chances are that anyone is going to help her in a Florida Walmart parking lot?

He was overtly aggressive and wasn't taking no for an answer.

I'm very anti-gun and there is 17 years of posts on this site to prove that.

I also know there are exceptions to every rule. This is about as straightforward a self defense situation as you are ever going to get.

[Dlpger61]

126. White Privilege

Why didn’t he walk away?

[Blumancru]

3. Retail stores have parking adequate for the holiday shopping season

So there were probably plenty of parking spaces. Was this really a good reason to die? Or kill someone?
This seems exceptionally violent and stupid……but Florida strikes again

[flvegan]

4. There's more to the story than this.

"over a parking space" doesn't seem right. I'm assuming (from the pics) she got out of the Honda she's standing next to. There's an open space directly behind that Honda. In the first pic in the article, they're both standing in it (more or less). The article said that she was already parked prior to the first appearance of the gun, so they don't seem to be having some automotive parking standoff.

" The woman appears to be pointing a handgun at Diguglielmo with one hand and holding a cellphone in the other as they move around the parking lot." Around the parking lot? That's pretty vague.

I expect more info on this as the details are made public. Otherwise, generally, a shooting over a Walmart parking space makes us sound like a pretty fucking disappointing species as a whole.

[JustABozoOnThisBus]

5. "Around the parking lot?" ...

In the short video I saw, she had a gun, but was trying to defuse, trying to get him to back off. He was clearly the agressor, stalking her through the parked cars.

He brought a fist to a gunfight.

I hope she is cleared of charges.

[Miguelito Loveless]

7. Testosterone poisoning?

She a woman and doesn’t know how to use a gun, I am a man and will not be intimidated by a mere female?

[irisblue]

18. From the video, she appears to be a Woman of Color, that wish is going to be hard to get in Fla

[Midnight Writer]

22. Yes, she warned him several times, backed away from him again and again, tried to put cars between them.

The fool kept coming after her. Was his intent to hurt her? I don't know why else he would not back off. If this was macho posturing then he went way too far with it. In either case, he was coming after her angrily, even after she pointed a gun at him, and she had no way of knowing his intention. He was clearly out of control.

Tragic, but he had every chance to walk away and go home safe. Over a parking space.

It is easy for us burly men to forget how vulnerable a woman is to an assault by a man. Some men exploit that vulnerability, using their size and strength to intimidate and control. It looked to me like she was afraid and he was angrily aggressive.

If it was me, I would have physically defended myself with my size and strength. She did not have that option.

Judging solely from the video, and not knowing what else was going on, I can't blame the woman for shooting. Perhaps she could have outrun the guy, perhaps not. But it is not her duty to take a beating or worse from a stranger who attacks her.

I'm not a legal scholar. This is just my opinion.

[stopdiggin]

29. 100%. and Thank You! (for putting some realistic perspective on this incident)

this guy simply would NOT leave it alone. Repeatedly stalking and advancing. He is, in the main, absolutely responsible for what happened here. And - real, real hard to label him 'victim'.

And - perhaps we should stop framing these incidents (when they occur) - as , "Man shot over parking space"
When that so poorly describes or elucidates ...

[Wiz Imp]

23. Wow what a nasty take.

She murdered him. She needs to pay the consequences for that.

[stopdiggin]

30. nah. asshat really brought this on himself.

perhaps the man doesn't deserve to be dead ... But let's stop painting asshats as 'victims'. Yeah?

Plenty of real victims and real tragedies out there to shed tears ....

[angrychair]

36. She did more than most would

To avoid a conflict. She actually tried to walk away but also didn't want to leave her car vulnerable to the guy either.

She repeatedly asked the guy to back off and he wouldn't.
She repeatedly tried to put space and other vehicles between them but he kept coming.

Especially in Florida, she more than meets the standard for a Stand Your Ground justified shooting.

I don't agree with gun violence but this is one of those rare incidents were it's completely justified.

[Kaleva]

43. It looked like a clear case of self defense to me

[Wiz Imp]

44. Wow. Unbelievable.

He had no weapon. He never came all that close to her. She could easily have gotten back in her car and drove off or retreated into the store. That's an extremely weird definition of self defense to me.

[Kaleva]

50. If the guy was rational, he would have retreated the moment he saw the Gun

The fact that he kept following her despite repeated warnings and the presence of the gun suggests to me he was capable of anything had he got close enough to the woman.

[muriel_volestrangler]

62. and called for cops to arrest her for threatening him

It doesn't say "capable of anything" to me; it says "he thought no one in their right mind would shoot someone over an argument about a parking spot".

[Kaleva]

104. No one in their right mind would approach someone with a gun

Most anyone that watches the news even just occasionally would know not to do that.

[NutmegYankee]

54. It's a stand your ground state.

No duty to retreat. But logic says that if a woman has a gun out, you don't keep approaching. Something was seriously wrong with that man.

[Wiz Imp]

56. SOmething was also seriously wrong with that woman.

[LudwigPastorius]

57. A jury will have to consider what he said prior, if anything, to advancing toward her.

If he threatened to kill her, and they believe the physical mismatch was such so that she feared for her life, then the shooting could be considered as justified.

[bluestarone]

74. 100% agree

[OrlandoDem2]

11. As a whole, we ARE a disappointing species. There good people among us but I fear we are in societal collapse.

[Wiz Imp]

26. Listen to the news story.

He intentionally partially blocked a space, got out of his car and went inside. She squeezed her car in anyway (you caan see her car is way over to the edge of the spot, possibly even crossing the line to the next spot. ) He came out of the store, then moved his car. Then eventually walked toward her. Nothing more to it. She was mad that he intentionaly tried blocking her from parking in a space. He was mad that she had the audacity to talk back to him. Standard road rage confrontation in a parking lot. He seems to be a giant asshole. However, nothing justifies her murdering him.

[angrychair]

37. That isn't the whole story

And if you knew that much detail on how it started you know that

She repeatedly tried to create space between them. She repeatedly told him to back away.

He kept coming at her.

Women have the right to self defense.

She was also the one that called police and is fully cooperating with them.

[democratsruletheday]

40. stop making sense....

in MOST states and countries you'd be spot on Wiz but......Floriduh.

[twodogsbarking]

6. People should be nicer to one another.

[wolfie001]

15. Don't wanna make it about me but as a 66 yo white male.....

....I specifically say to myself, "Just be nice" before driving off to grocery shop, pick up meds, go see a doctor, visit family. Regular ritual.

[Ritabert]

8. It looks like he was stalking her but she should have retreated to her car and not brandished the gun.

[OrlandoDem2]

9. Stop shopping at Walmart. So many People of Walmart suck!

[70sEraVet]

10. He seemed intent on a physical confrontation, despite her pointing a gun

If she didn't have that gun, it may well have been her body lying in the morgue (he looked to be a pretty good-sized man).
I am usually against the stand-your-ground laws, but she continually backed away and he wouldn't stop.

[dalton99a]

19. +1.

[Hieronymus Phact]

28. maybe it's the "Exception that Proves the Rule"

I didn't watch the video, so not making judgements.

[bluestarone]

75. Plus 2

[DrFunkenstein]

12. I'm Sorry, But She Had Ample Opportunities to Return to the Store, Drive Off, Whatever

I don't doubt that this guy was horrible, abusive, you name it. But she could have taken many, many options before fatally shooting him. Just getting out of the car with the pistol in her hand was already an issue.

[angrychair]

41. She tried

And he had driven off but then came back and engaged with her.

She repeatedly tried to put space between them and repeatedly asked him to back off and leave her alone.

I'm very anti-gun and my posts for almost 18 years on this website supports that.

I also realize that people have a right to defend themselves as a last resort.

She is under no obligation to retreat as she is not the one being aggressive.

If I hadn't seen the video I would think as you but she tried to end it peacefully and the guy wasn't having it

[MichMan]

46. I didn't see in the video where he was preventing her from driving off

She chose not to and exited the car holding the gun.

It doesn't appear like she had already been carrying it on her person, but went to the car to get it.

[angrychair]

51. In Florida that's legal

But I honestly don't know if she went back to her car or not. The video I saw started with her already holding the gun.
That she repeatedly tried to deescalate the situation is very clear in the video.
It was clearly not her intent to shoot him from the video.

I find it telling that a lot of people on here are putting the blame on the Black woman and saying nothing about what the man was doing.

That ignorant asshole literally started to drive away and came back to harass her but somehow it's her fault?!?

Sometimes I wonder why I stay on this site, even here the old white man is always blameless

[MorbidButterflyTat]

67. I noticed

"...a lot of people on here are putting the blame on the Black woman and saying nothing about what the man was doing," too.

[wolfie001]

13. Old loser white guy kept on

He should've walked away but kept pursuing her. What a fucking idiot. Def stood her ground!

[niyad]

14. I am guessing that there is a backstory here, and not a pretty one.

Also notice that while she is clearly shown, the man's face is blocked out. Black woman/ white guy? It wiill be interestiing to see how this goes.

[DrFunkenstein]

17. If This Was a Black Man and a White Woman, Imagine the Fox News Coverage and Campaign Ads

Still, I'm sure the NRA will run with this anyway. And so the long national nightmare continues.

[NewEnglandAutumn]

20. This could go either way

She took out her gun early on in the encounter
In Florida race is always a factor

She was backing up and he kept going towards her
She warned him multiple times and he kept advancing
It is a stand your ground state

[sop]

21. It was an argument over a parking spot.

I didn't see the guy physically threaten her, he just walked towards the woman. From what was shown on the video, the victim wasn't holding a knife, club or gun, he didn't attempt to hit or touch her, and he certainly didn't rush towards her in a threatening way just before she shot him.

A lot of people will say it was "stand your ground" and she was acting in self defense. From my view, they argued, he approached her, and she shot him because she was afraid. I don't see how this can be legally justified, but it is Florida.

[Kaleva]

47. If the guy was rational, he would have backed off as soon as he saw the gun

The fact that kept closing the distance despite repeated warnings and the presence of the gun, suggests to me that he was capable of anything had he got close enough to the woman.

[sop]

55. Those are a lot of assumptions to justify shooting a man to death in a parking lot.

Florida’s "Stand Your Ground" law (Florida Statute 776.013) allows individuals "to use deadly force in self-defense without a duty to retreat if they are in a place they have a legal right to be and reasonably believe such force is necessary to prevent imminent death, great bodily harm, or the commission of a forcible felony."

Luckily, for most of us, the stand your ground law doesn't allow you to shoot someone in a parking lot simply for arguing over a parking spot, not immediately walking away when you brandish a gun, then walking towards you in an obviously unthreatening manner. I suppose she'll claim she "reasonably believed" she was in imminent danger of being killed or seriously injured, but the video evidence doesn't show that.

[Midwestern Democrat]

48. I certainly didn't see anything in the video that justified a shooting. NT

[SergeStorms]

24. Floriduh.

Rapidly trying to overtake Texas as the most gun-happy lunatic asylum in the contiguous 48.

[FakeNoose]

25. She didn't have to kill him, that's how the jury would see it

Even if he did threaten her, she could have aimed his foot (or the ground in front of him) and achieved the same thing.

I'll never understand the "stand your ground" mentality but it has been argued and upheld in various court rulings. So this is where we are now.

It doesn't surprise me that no tourists (especially no Europeans) have an interest in visiting Floriduh any more.

[ananda]

27. People are touchy these days.

A few days ago a man parked next to
my car, leaving his tail end sticking out.

I told him he wasn't parked right, and
he retorted, who make you the parking
boss?

Then i said, I'm worried you'll get hit
since you're car is sticking out. So then
he said, OK, and moved it forward.

He was a rich, elderly, crotchety guy
driving an old long type Mercedes.

[J_William_Ryan]

31. This is the Supreme Court's America

Guns for everyone – violence is a legitimate means of conflict resolution.

[Wonder Why]

32. Had he the brains to back up & call the police saying a woman was threatening him with a gun,

there would be an entirely different ending.

But then this is Florida.

[DrFunkenstein]

34. I'm Pretty Sure Everyone Here Was Operating From The Amygdala, Except One Had a Handgun

Don't think there was a lot of rational thinking happening, and honestly I doubt my rational brain would be working in the same situation. Plus, we don't know if there is any mental health issues going on here.

The main talking point here is why there was a handgun in the conversation.

Chekov once said, "If in the first act you have hung a pistol on the wall, then in the following one it should be fired. Otherwise don't put it there." Why was there a pistol "on the wall" here in the first place?

[angrychair]

53. Clearly

The white man harassing her had something to do with it.

I find it interesting that so many here are blaming the Black women but never even acknowledge that the white man could have just walked away and left her alone

It gives "but what was she wearing" vibes

[MichMan]

33. Why did she exit her car brandishing the gun instead of just driving away?

Undermines a self defense claim IMO

[Kaleva]

49. By law, she isn't required to drive away

[MichMan]

60. She isn't required to shoot and kill either

Stand your ground is not absolute. Self defense is determined on what a reasonable person would have done. Ultimately if she is charged, a jury will have to make that determination. I would think that the availability of other options other than firing would play into that decision.

[stopdiggin]

71. larger male repeatedly physically advancing on female that is (repeatedly)

trying to create distance and (again repeatedly) asking that he stop.

I guess we'll (eventually) let a jury decide this. But (some of us at least) are not going to have great difficulty ...

[Kaleva]

105. Based on what I saw, I'd say her actions were resonable

And based on what I know about Florida law, I don’t think she’ll be charged but that’s just my opinion.

[angrychair]

52. Some of these responses are disturbing

I find it telling that a lot of people on here are putting the blame on the Black woman and saying nothing about what the old white man was doing.

That ignorant asshole literally started to drive away and came back to harass her but somehow it's her fault?!?

Way to many of these responses are giving "but what was she wearing" vibes.

Sometimes I wonder why I stay on this site, even here the old white man is always blameless

[MichMan]

58. Why does race have to be a factor?

[MorbidButterflyTat]

69. Why does gender have to be a factor?

Because IT IS.

Wishing or pretending race and gender don't matter doesn't make it so.

[Torchlight]

70. Why should race be ignored?

[angrychair]

72. Because, it always about skin color

Even when people say

People haven't even seen the video and automatically lay blame at her feet and completely ignore, don't even mention, the actions of the old white man.

Very telling that only the actions of the Black woman get mentioned.

[MichMan]

95. "People haven't even seen the video"

You know that, how?

Quite ignorant to blindly assume anyone with a different viewpoint didn't watch it before commenting.

[angrychair]

96. I'm not assuming anything

Some have said themselves they haven't seen the video.

I'm done listening to victim blaming. I will not respond again. Move along and hope you have a great 4th of July weekend.

[muriel_volestrangler]

61. We have video; he was not in a position to physically threaten her

Maybe it's "the person who was not attacking, but who got killed, is blameless"? I don't think saying "I'll shoot you" is a good enough excuse for shooting someone.

[angrychair]

73. Interesting

That you saw the same video I saw, I assume, and your take away is the white man didn't do anything wrong or threatening.

[muriel_volestrangler]

76. I might put it as "the unarmed person didn't do anything wrong or threatening"

I'm surprised there is talk of him sitting up at first, after being shot, without a description of what anyone did to try and save his life. By the end, it looks like a police officer and the shooter are calmly talking over his dead body.

For the record, I thought George Zimmerman should have been convicted of killing Trayvon Martin. I suppose you might say that "equal Florida justice" here should mean this woman should go free too.

[angrychair]

79. Then the unarmed man

Should have left the armed women alone and moved along.
The best way to not get shot is to not be there in the first place.
He had left and she was trying to leave and he came back and engaged with her again.

Saying from my childhood comes to mind:
"Dont write checks your ass can't cash"

[muriel_volestrangler]

81. I don't see "might is right" as a good guiding principle

But if that is the way you want the USA to be, go for it. It's your fellow citizens who will end up dead, not mine.

[angrychair]

86. No

That man had every advantage over her: He was bigger. He was stronger. He was a man. He was cloaked in white privilege.

To imply she acted out of malice is exactly what Black people have been told their whole lives whenever they stand up to those attacking them.

[muriel_volestrangler]

88. 'Malice'? No. Recklessness, yes.

The thing was, he wasn't attacking her. He was shouting at her. She was the threat to him; she had been pointing a gun at him for some time.

If a police officer saw them, do you think he should have shot the man first, or her? Or, just maybe, neither - and thus, she shouldn't have shot either?

[angrychair]

90. We are done

Tired of listening to victim blaming. Move along. I will not reply again.

[muriel_volestrangler]

91. "Victim blaming"? I'm not blaming the victim. The victim is the dead guy.

I can't see where you're "listening to victim blaming".

[Kaleva]

111. But his behavior was irrational

Despite the repeated warnings and the presence of the gun, he kept advancing towards her.

[muriel_volestrangler]

113. Being irrational is not a reason to be shot.

They got into a shouting match over a parking spot. Yes, that's irrational. People are irrational every day. We have two irrational people, and one of them gets out of her car with a gun, threatens the other, and then kills him.

[Kaleva]

114. Approaching someone armed with a gun is highly irrational behavior

She kept retreating while warning him but he kept coming. Her behavior was rational. His wasn’t.


The 21 foot rule comes into play here. The distance an antagonist can cover in about 1.5 seconds. For self defense, one should strive to keep a potential antagonist more then 20-30 feet away. Her retreating suggests to me she wasn’t attempting to create to create a buffer zone but his insistence on trying to close the distance suggests to me that he was a clear threat.

[muriel_volestrangler]

115. No: we must be absolutely clear: her behaviour was extremely irrational, and she killed him as a result

She got out of her car, holding her gun. She moved into the public space with a deadly weapon. She repeatedly pointed it at him, when he had not come close to attacking her. He was walking, all the time. A very fast walk is 6 feet per second - and he was ambling about half that speed.

She's a killer. She was not acting rationally.

[Skittles]

102. sorry, I see her as a gun humper

if she had missed and shot someone else what would you be saying?

these two assholes created an entirely avoidable situation

[angrychair]

103. Sorry

All he had to do was walk away. He had her car partly blocked in, she couldn't drive away.

[Skittles]

106. SHE could have driven away too

there are all sorts of crazy out there and there are BETTER WAYS to deal with them

over and OUT

[angrychair]

108. He was the aggressor

That so many run to defend an old white man harassing a Black woman shouldn't surprise me but I guess I shouldn't be surprised anymore

[Vinca]

59. That's just stupid. I can't imagine shooting someone over a parking space.

If you feel threatened, get in the car and lock the doors. Call for help or drive to the store entrance and go in. It's Florida, though, so she'll probably get a medal.

[sarisataka]

63. I am not to say this was justified or not, but I have a question

To all who say the woman could have just walked away-

Why couldn't the man have walked away or stopped approaching?

[MichMan]

64. He should have

Doesn't mean he deserved to be killed

[angrychair]

77. So she is just supposed to stand there

And let him attack her? She literally had a gun on him and repeatedly asked him to back off
Literally tried to put space and cars, between them and he kept coming.

Yet you people put the burden of retreat and withdrawal on her and not him.

Not one mention of his responsibility to retreat, only her.

More and more the reason so many people support centrists becomes clearer to me.

[muriel_volestrangler]

78. You see an "attack"; I see an argument

which she escalated by getting out of her car with a gun, and then pointing it at him.

I'm really not sure with side of "centrist" you see your 2nd Amendment on.

[angrychair]

82. I see centerists

Tired of explaining the same thing over and over again.

Believe what you want. No sense arguing when a mind has already decided.

[muriel_volestrangler]

83. As I said, I really don't understand where "centrists" come into this

Are you saying the left and right are both pro-2nd Amendment, Shoot the Unarmed Person types?

[angrychair]

89. No

What I'm saying is that centrists and Republicans are more likely to defend white males and more likely to blame women or Black people when they try to defend themselves against aggressive white males.

[sarisataka]

84. Very few people deserve to be killed

However, it is reasonable to assume someone who you have attempted to flee multiple times but keeps on approaching you, even himself having left and come back that it is a very small step from argument to physical harm.

[LudwigPastorius]

110. Another thing to keep in mind is that...

unarmed doesn’t necessarily mean incapable of murder.

About 4% to 5% percent of homicides per year in the U.S. are committed without the aid of a weapon.

[Kaleva]

112. I agree

[Buddyzbuddy]

65. Bottom line, stupidity got him killed.

I hate guns and I'm skeptical of those that own them. They're used out of fear, anger, survival and ego. Licensing and ownership need to have stricter requirements.
I grew up around them, mostly illegal, had them pointed at me on many occasions, been shot at on a few occasions had several cousins and uncles killed and one paralyzed.

Having said this, I ask, was this man shot in the back? Was he on the phone with the police to call for help? Was he defending somebody else by placing his body in harms way?

She was in possession of a gun, legally or not. Stress point, parking spot. Really stupid reason. She's scared, maybe angry, he's definitely angry. He's bigger and likely stronger she has this "equalizer" which emboldens her. She thinks, I'm scared but this will scare him away.
He "thinks" WTF! I'm an entitled person and I fear no ***** person, especially holding a gun. I'll show you. He goes after the person holding the gun, not knowing if she's crazy, murderous or really scared and may shoot accidentally. Nobody in their right mind goes toward the shooter without a gun unless the threat is imminent. Not even LEO's would do that. It wasn't heroics it was STUPIDITY. Sure she was the shooter and that will be investigated but he will not celebrate another 4th of July because he was STUPID. That's an entitled man that was used to scaring other people into doing what he wanted. Sound familiar?

NO MORE GUNS

[MorbidButterflyTat]

68. "That's an entitled man that was used to scaring other people into doing what he wanted."

Exactly!

[Sneederbunk]

66. Leave it to judge and jury.

[csusan]

80. Black woman, white older man

Unless any of you are a black woman you really can't know the fear she might have been feeling. Can you imagine what it might have been like for her to have a white man walking toward even after she repeatedly asked him to back off. Black people and women in particular have good reason to be scared of an approaching white man who refuses to back off. She could not count on any other person in the parking lot to help her. I'm an older white woman and I had my SIL's brother get in my face and start cussing me and yelling. He was much bigger than me and it was terrifying. Being a white woman, I felt it was ok for me to stand my ground. There were a number of people standing around but none did anything. Black women do not have the same privilege that I have.

[MichMan]

123. Did you pull out a gun and shoot your SIL brother?

I'm also a white male about the same age as the guy that was killed. Since like you said, I can't possibly comprehend the fear Black women are feeling, this is the first time I'm hearing that my mere presence could be terrifying to them as I never considered such a thing.

[csusan]

125. No

Lucky for my SIL brother I don't own any guns. Never held a gun and have no use for a gun. I know women my age that carry guns in their purses. They are all maga and are scared all the time.

[RockRaven]

85. Having been right is poor consolation when you're dead or in prison.

You may think you have a right to walk towards a person brandishing a firearm, but any such right does not mean you can do so safely.

And only a fool would count on the criminal justice system to fairly decide that you had acted correctly when it comes to killing someone.

[OC375]

92. In MN, she'd be incarcerated, whatever her story, because she didn't physically run away first.

Here you must try to run away, even in your own home, even on public transit that's in motion, even if the other person has a weapon already out, pointed, and clearly states intent to kill you. You gotta try and book it, even if your wife is over there, and you are over here, and they're in between you two... tough luck, you're both on your own. Grow a pair and run separate directions.

You will be charged with 2nd Degree Assault (No Injury) if you draw without running first, even if you never fire a shot.. Even if the guy ultimately attacks you, and you get hurt, and he doesn't, you get charged. You're going to prison too.

Getting robbed or accosted is much worse on some states than others. She's luck she's in Florida in this instance.

I have no pity for bullies, robbers or opportunists who get smoked victimizing people, even if they are normally nice, or just getting their life together, or came from a bad home, or love puppies, or were just try to scare them, or whatever.

We have plenty of people already, and we'll get along fine with one less ash hole.

[sarisataka]

93. MN has castle doctrine

you do not have to flee in your home. While I am not a lawyer, her attempts to keep away from him would meet duty to retreat IMO.

[OC375]

97. Castle doctrine in name only.

You must try to evade, actively, within the home.

You can't shoot someone because they kicked in your door, and decided to start punching your wife or kid cause she done someone wrong or said something about someone. Duke it out, run away, whatever... grab a bat, or gun or anything useful, you're now the bad guy.

For that matter, if someone kicks in your door, grabs you by the shirt, and says gimme all your money or else... Well, you can't shoot them either, cause all they did grab and threaten you. Duke it out, run away, whatever... grab a bat, or gun or anything useful, you're now the bad guy.

No castle allows that.

[sarisataka]

98. Can you provide a case

where a person in their home was convicted for using lethal force to stop a physical assault against them in their home?

I have seen a few egregious prosecutions for self-defense but not within one's home.

[OC375]

99. State vs Blevins 2024

No prosecutions yet but disturbing and poorly thought out.

[sarisataka]

100. Not in the home

There was a prosecution, Blevins found guilty of assault for failing to retreat from an alleged threat with a knife.
It did affirm duty to retreat {in public} rather than assumed stand your ground, but different standards apply within one's home.

[OC375]

101. We'll have to see...

[stopdiggin]

109. you have completely misrepresented almost the entirety of what the

law really says. You're entitled to your opinion - but that is all that you advance here.

[OC375]

116. We'll see

Seems like a bad decision and it will be interesting to see how it’s applied in the home when the case details aren’t black and white, and the media gets involved. It’s a poor precedent that forces unnatural reactions from people in horrible situations. It also favors the aggressor which is stupid on its face. My opinion of course.

[Hassin Bin Sober]

117. But are you retreating if you get out of your car with a gun in your hand?

Are you standing your ground?

I can’t get past the fact there was apparently no apparent reason to exit the car with a gun in hand

When she exits the car with the gun, he’s nowhere near her car. Based on the parking spots he’s a good 20 feet away off screen to the right

[sarisataka]

118. Unrelated

That goes to what is often termed unwilling participant. Under that definition you must not start or escalate a confrontation. Since the video begins in media res we cannot be sure if she had displayed her weapon before getting out of the car. Further details of the encounter are needed.

However as this happened in Florida, the pertinent law governing this situation is very favorable to a claim of self-defense-

FL 766.012
(2) A person is justified in using or threatening to use deadly force if he or she reasonably believes that using or threatening to use such force is necessary to prevent imminent death or great bodily harm to himself or herself or another or to prevent the imminent commission of a forcible felony. A person who uses or threatens to use deadly force in accordance with this subsection does not have a duty to retreat and has the right to stand his or her ground if the person using or threatening to use the deadly force is not engaged in a criminal activity and is in a place where he or she has a right to be.

776.041 Use or threatened use of force by aggressor.—The justification described in the preceding sections of this chapter is not available to a person who:
(1) Is attempting to commit, committing, or escaping after the commission of, a forcible felony; or
(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.

I am still unsure if her use of force was justified, but it appears to be legal.

[muriel_volestrangler]

119. The man was shouting; the woman was pointing a gun at him.

There was one aggressor, and it was her. There was no "imminent death or great bodily harm" threatened to her; she did that to him by pointing a loaded gun at him.

[sarisataka]

120. That is for a grand jury to decide

We do not see who started the confrontation, it was in progress when the video begins.

If he started the argument she may, under Florida law, be legally allowed to point a gun at him.

Legally justified and morally justified are not synonymous.

If the races were reversed I would say there would be a 100% chance of no charges. In this situation I'd guess 60/40 in her favor.

[muriel_volestrangler]

121. We do see her getting out of her car with the gun; at that time, he's out of the frame

which indicates he is quite a way away, and not a threat. He may have started the argument, but an argument is not imminent threat of great bodily harm.

[sarisataka]

122. Did he make any threats during their confrontation

while approaching her? Also if he was quite a way away, why did he come back?

If he was walking towards her saying I should kick your ass.. that may be consider a threat of great bodily harm by a larger person to a smaller.

Yes, an argument over a parking space is a stupid reason to die/kill someone but there is quite a bit we do not know at this point.

[OAITW r.2.0]

127. Which one stood the ground best?

I suspect the gun with the gun.