Bad: Gun drawn during fight near Palm Bay Publix

[wraithls1]

Sounds like someone had their gun and just couldn't wait to use it. While the article doesn't mention if he has his permit. I assume so, being that he is not being charged with possession. In light of the Zimmerman fiasco, this is just bad.

Gun drawn during fight near Palm Bay Publix

[DefensiveCarry.com]

[wraithls1]

PALM BAY POLICE DEPARTMENT
NEWS RELEASE
FOR IMMEDIATE RELEASE
CONTACT: Yvonne Martinez, Public Information Coordinator, 321-426-5194

Sunday, August 26, 2012. 7:22 PM

TWO FACE CHARGES AFTER INCIDENT AT LOCAL STORE


(Palm Bay)—Two men face charges following an incident at a local grocery store that ended with the reckless display of a firearm in front of dozens of witnesses. Derek Dimsey, (dob 02-24-1981) faces charges of disorderly conduct, resisting arrest, reckless display of a firearm and aggravated assault. Kenny Mercado, Sr. (dob 08-10-1962) faces charges of battery and disorderly conduct.


Just before 11 a.m. Sunday patrol officers responded to the Publix Supermarket at 3450 Bayside Lakes Blvd. SE after reports of an incident involving a gun inside the store. When officers arrived two individuals involved in the incident were immediately detained and the weapon was secured. Further investigation revealed the two men, unknown to each other at the time, entered the store. An incidental contact between the two parties triggered a loud verbal exchange which escalated to the point where Mercado punched Dimsey. Dimsey then responded by pointing a large caliber pistol at Mercado. Mercado raised his hands then fled to the next aisle. During this time, Dimsey pointed the weapon at several people during his assault on Mercado. Store employees intervened by separating the two individuals and then convinced Dimsey to put the gun away. Police then arrived and secured the scene. “Florida Statutes Chapter 776 authorizes anyone the right to defend themselves when presented with unlawful force. However, the response by the defender must be reasonable,” said Deputy Chief John Blackledge, who teaches legal use of force in the regional police academy. “The law does not allow for the presentation of deadly force in every situation. It is certainly not justified as the response to a simple punch. The use of deadly force requires a much greater presentation of force than what was presented in this incident.”


The gun was not fired and no one was injured. Additional charges are being considered regarding both Dimsey and Mercado as police continue to investigate the incident further.

Both individuals were taken into custody and were transported to the Brevard County Detention Center.

[bigmacque]

I've often said there is a huge difference between being prepared for a fight and looking for a fight.

[OldVet]

I certainly hope all this was over something more than having 11 items in the 10-item express checkout line.

From what the article said, the charges seem appropriate. Acting like an arse in public can qualify as disorderly conduct (and nearly anything can). Perhaps further charges are in the wings, perhaps not. Just as in Zimmerman's case, FL law requires any claim of firearm self sefense to be "investigated" prior to an arrest.

At my age and physical condition, I'm not going to allow someone to pound on me either. It could easily cause "grave physical harm." This is not like the "Z" case, as apparently neither participant "pursued" the other when walking away (or staying in the vehicle) would have resolved the issue.

[wraithls1]

Exactly. Granted I wasn't there, but I get the impression that Dimsey wasn't trying too hard to avoid the confrontation

[wraithls1]

I live real close to this store and shop there all of the time. Consequently I know many of the employees at the store. I may ask around and see if I can get a clearer idea of what happened.
Additionally,
I only brought up the Z case in repect to us carry folk getting bad press coverage. I know that otherwise it is apples and oranges.

[OldVet]

Exactly. Granted I wasn't there, but I get the impression that Dimsey wasn't trying too hard to avoid the confrontation

I'm not going to try to justify two idiots getting into a fight at a supermarket, but how much "avoidance" is enough? FL does have "Stand your ground" so "retreat" isn't a requirement. I'd hate to set some legal presedence where one is not required. Still . . . idiots generally get what's coming to them. One does have that "banjo-player" look to him.

[rdpG19]

Wonder what sparked the dispute?

[wraithls1]

I'm not going to try to justify two idiots getting into a fight at a supermarket, but how much "avoidance" is enough? FL does have "Stand your ground" so "retreat" isn't a requirement. I'd hate to set some legal presedence where one is not required. Still . . . idiots generally get what's coming to them. One does have that "banjo-player" look to him.

A very good question and one that I often wrestle with, when reading about other cases and wondering what I would do if it happened to me.

[barstoolguru]

Being FL; I can't comment on their laws but here in Texas he would have been illegal too because there is "mutual combat" and a 'verbal confrontation". You can't antagonize the situation by verbally assault.

There is a thing we call being the adult; put the testosterone in your pocket and stand down. You know you have the upper hand (gun) so why push it to the point where you night need to use it.

[OldVet]

So in TX one must go quietly into the night or face charges?

No, even here in FL a firearm is not an appropriate response to a verbal argument. But once an assault starts, someone has escalated to violence. And violence is a bad thing.

[wraithls1]

Thinking about it, it could be said that it was justified as Mercado move it from the verbal realm to the physical one.

[wraithls1]

Still, if the other guy baited him, while not necessarily illegal, it was a stupid thing to do.

[ccw9mm]

I've often said there is a huge difference between being prepared for a fight and looking for a fight.

The statutes say this, as well.

[Hot Wing]

Exactly. Granted I wasn't there, but I get the impression that Dimsey wasn't trying too hard to avoid the confrontation

I agree with that .

Wow I have a twin sisiter that lives in Bay Side.

I have been in that store before too .

Hate to hear stuff like this it gives us all a very bad name

BTW my Sister is as anti as they come