<p>There’s a misunderstand about self-defense law in Florida. I’ve quoted the law in this thread but I don’t see post numbers now so here it is the relevant section:</p>
<p>“A person who is not engaged in an unlawful activity and who is attacked in any other place where he or she has a right to be has no duty to retreat and has the right to stand his or her ground and meet force with force, including deadly force if he or she reasonably believes it is necessary to do so to prevent death or great bodily harm to himself or herself or another or to prevent the commission of a forcible felony.”</p>
<p>In this case, there is doubt about whether an attack was committed because the shooter initiated and renewed the confrontation. I don’t see the shooter getting past that hurdle. As I mentioned in an earlier post, the Zimmerman/Martin case turned legally on Zimmerman’s assertion that Martin attacked him - which couldn’t be disproven by physical evidence. </p>
<p>Second, the shooter has already admitted in court that he believed he was hit with popcorn and maybe a cellphone. (Everyone acknowledges the victim had both in his hands.) There is no indication the victim was armed. The shooter says popcorn and cellphone, so legally he has essentially admitted that he didn’t “meet force with force” but instead met popcorn and cellphone with gunfire. </p>
<p>The absolute best case the shooter can make is that he was afraid the guy would beat on him but that is only available if he is attacked - and the shooter initiated. And even then firing a weapon when hit with popcorn - and the claim of a cellphone - is not “reasonable” when showing the weapon would be more sensible. </p>
<p>I think the shooter has largely convicted himself. And as I’ve noted in another post, the wife’s comments about him over-reacting are admissible, not privileged.</p>
<p>And bluntly, the facts are terrible for the shooter. First, testimony already on record says the victim said he wanted to respond to a text from the babysitter, meaning the victim wasn’t confronting the shooter but was using non-threatening words. Second and something that can’t be forgotten in the context of jury trials, the victim was a white veteran out with his wife to get some time away from their sick child, not a dope smoking black kid with a discipline record wearing a hoodie in the dark. </p>
<p>As I noted in an earlier post, if I were the defense, I’d be looking for a plea because the cost of defense will bankrupt the family and the chances of getting off are really bad.</p>