A interesting "Stand your Ground" case

A interesting "Stand your Ground" case

This is a discussion on A interesting "Stand your Ground" case within the In the News: The Good, the Bad and the Ugly forums, part of the The Back Porch category; There is an interesting "Stand your Ground" case happening in my area. http://www.naplesnews.com/news/2010/...couture-death/ A key element of a Stand Your Ground claim is that the ...

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Thread: A interesting "Stand your Ground" case

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    A interesting "Stand your Ground" case

    There is an interesting "Stand your Ground" case happening in my area.

    http://www.naplesnews.com/news/2010/...couture-death/

    A key element of a Stand Your Ground claim is that the shooter had a lawful right to be at the location of the incident. Brittany Bay is a gated community in which neither Menard nor his friends lived; on the night of the shooting, they entered through an open gate.
    It involves a fatal shooting of a high school teenager so it's not easy getting the real story. The shooter appears to be an uninvited aggressor at the victims apartment. I would not want to be in his situation. With proper respect to the involved, it will be interesting to follow this case.

    Background article
    Police report


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    Distinguished Member Array mr.stuart's Avatar
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    Sounds like punks,all of them,all looking for a fight.But,the real truth will probably never be known.

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    VIP Member Array Madcap_Magician's Avatar
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    That's ugly, all around, and the CCW permit holder looks like a real winner, too.

    Like John Farnam says, don't go stupid places, don't do stupid things, and don't hang out with stupid people.
    Hakkaa päälle!

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    Distinguished Member Array GunGeezer's Avatar
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    Similar issues have been bones of contention lately by reason of gangsta's using the stand your ground defense when shooting rival gang-bangers. This is causing officials to rethink the law and judges seem to be more reluctant to giving an automatic "get out of jail free card" to obvious abusers.

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    Clear violation of the "law of the 3 stupids." It would be interesting to see how this progresses. I hope some of our Florida members who may live close by will keep track of this case and post some updates.

    It will be real interesting to see if his claim for the stand your ground law will stand up under these circumstances. I'm not holding my breath on this one, but you never know.

    It's also interesting that the one he shot was not the one allegedly brandishing the toy Uzi. In a true "force of numbers" disparity of force issue, which aggressor in the crowd who gets shot usually, doesn't matter as long as they were part of the aggressive mob. However, in this case, "force of numbers" disparity clearly does not exist since the shooter had a gang of his own with him.
    -Bark'n
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    "The gun is the great equalizer... For it is the gun, that allows the meek to repel the monsters; Whom are bigger, stronger and without conscience, prey on those who without one, would surely perish."

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    VIP Member Array Guantes's Avatar
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    Maybe premature, but it sounds like, G vs G, NHI.
    "I do what I do." Cpl 'coach' Bowden, "Southern Comfort".

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    Hmm... he went looking for them with a confrontation in mind about the alleged mugging that occurred. This alone, to me, negates his defense as his presence in that area was directly related to his seeking a confrontation to avenge his buddies for the mugging. However, if they had some other reason to be within the confines of this gated community and were confronted by the other group, one of whom then flashed an uzi (toy or not) then his actions would have, IMHO, been justified.
    "I pledge allegiance to the Flag of the United States of America, and to the Republic for which it stands, one Nation indivisible, with liberty and justice for all."
    You are not paranoid if They are actually out to get you, however, They probably are not and you probably are.

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    Senior Member Array hayzor's Avatar
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    Quote Originally Posted by SamRudolph View Post
    Like John Farnam says, don't go stupid places, don't do stupid things, and don't hang out with stupid people.
    Can't say it any better than that.
    The world is a dangerous place to live; not because of the people who are evil, but because of the people who don't do anything about it. Albert Einstein

    "People in Arizona carry guns," said a Chandler police spokesman. "You better be careful about who you are picking on."

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    This didn't take long
    Judge denies Stand Your Ground motion in Couture slaying

    After more than two hours of witness testimony, acting Collier Circuit Judge Michael Provost denied Menard’s motion. He also rejected the theory that Menard acted in self-defense, a bad sign for the defendant as he approaches trial.

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    <Deleted due to new information posted above that had not been there when I began drafting my post.>

    - Janq
    "Killers who are not deterred by laws against murder are not going to be deterred by laws against guns. " - Robert A. Levy

    "A license to carry a concealed weapon does not make you a free-lance policeman." - Florida Div. of Licensing

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    Member Array chivvalry's Avatar
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    These guys were obviously spoiling for a fight and waited to ambush the other group when they returned to the apartment. This guy is likely to spend a loooong time contemplating his actions nestled in his comfy cell in the arms of his new boyfriend, Spike/Bubba/BigJoe/whatever.
    "I pledge allegiance to the Flag of the United States of America, and to the Republic for which it stands, one Nation indivisible, with liberty and justice for all."
    You are not paranoid if They are actually out to get you, however, They probably are not and you probably are.

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    Senior Member Array DUNDEM's Avatar
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    Can't wait to see how this plays out.

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    VIP Member Array ctsketch's Avatar
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    sounds like they went looking for trouble...and found it
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  14. #14
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    Often the courts look at what lead up to the shooting, and in this case Menard went looking for the guys that robbed his friends and I think he will have to have a good lawyer to be found not guilty. Keep up posted.
    If anyone has any references to other similar cases in FL and what the outcome was, please let us know.

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