[quote]Jewbacca wrote:
[quote]Professor X wrote:
[quote]Jewbacca wrote:
[quote]Iron Dwarf wrote:
I mean WTF… how many men here WOULDN’T take out a dude following and harassing you?
[/quote]
Sure. And that would potentially be a defense the Black guy would have had, if the fight turned out differently.
Here, however, legally it’s about the mental state of the Hispanic guy (the “mens rea”) and whether he provoked the black guy into the final fight.[/quote]
He chased him…at night…in the rain…carrying a gun.
What the fuck else do you need to do to provoke someone to defend themselves? Actually shoot them?[/quote]
Is there any evidence that the Black guy knew the Hispanic guy had a gun?
A chase may or may not be “provocation” to defeat the Hispanic’s self-defense claim. Provocation, however, is very narrowly legally defined, and means “assualt without legal right” or the like.
I am not sure if a “chase” counts.
I don’t know if being neighborhood watch gives “legal right.”
I defer to a Florida lawyer on those issues.
(Now, be careful — don’t commingle the Black guy’s legal right to defend himself because some nut was chasing him with whether the Hispanic guy no longer has a self-defense right. Legally, different things.)
[/quote]
Look, this Zimmerman guy was not a police officer. Yes, I do question where the hell the gun was. This pasty fat dude who could get whipped by a high school athlete was carrying a gun and running yet the gun could not be seen until he pulled it out the very last instance?
Does that really make sense to you?