Latest Stand Your Ground With a Twist

[kelcarry]

Yesterday in SC, a magistrate judge dismissed charges against a man who slashed a Navy sailor during a fight on the night of 4/15. Apparently the Navy sailor and his friends had been drinking heavily and in their condition decided to beat on a man in the street for who knows what. His friend jumped in to assist him and then was set upon himself and was being kicked a stomped by the Navy sailor using his boots. The man then used his knife and slashed at the Navy man and opened a 4 inch gash in his abdomen. He was later arrested for the attack. The dismissal was a reaffirmation of the SC "stand your ground" law, in that the arrested gentleman, trying to assist his friend from great bodily injury (alter ego rule) was then set upon by the sailor and had a reasonable assumption that he was being seriously attacked and defended himself. Wonder if this case would have had bigger implications if the sailor had not been white. Incidentally the man and his friend happen to be, as our vaunted press would tell you "white puerto ricans".

[DefensiveCarry.com]

[barstoolguru]

he might have gottin away with it but not without a costy court battle

[Mike1956]

How does fighting for one's life while getting thumped within inches of it constitute "stand your ground" vs. the tried-and true self-defense claim?

[Hopyard]

How does fighting for one's life while getting thumped within inches of it constitute "stand your ground" vs. the tried-and true self-defense claim?

They are related but not the same concept. Basic self-defense generally carries a duty to attempt to retreat. That duty is not
present if SYG laws apply.

[Mike1956]

They are related but not the same concept. Basic self-defense generally carries a duty to attempt to retreat. That duty is not
present if SYG laws apply.

True, but why does SYG keep getting bought to the forefront in case after case in which it does not apply? Flat on one's back getting pummeled has nothing to do with SYG, since retreat isn't even an option.Yet, it is invariably mentioned.

[Hopyard]

True, but why does SYG keep getting bought to the forefront in case after case in which it does not apply? Flat on one's back getting pummeled has nothing to do with SYG, since retreat isn't even an option.Yet, it is invariably mentioned.

Well two points. Poor reporting. And in this specific story, its a bit hard to tell (at least for me) exactly what has been
going on and how the fight evolved. There probably are jurisdictions in which a DA might assert that there was a duty to
avoid the drunks and never get in that situation in the first place. With SYG, its a different story.

I like SYG laws, even though I think getting out of the situation or avoiding it in the first place is the wiser action.

A couple of years back we had a guy murdered in a bar parking lot. A drunk just followed him out for no reason and shot him.
There was no time for either SD or SYG. Had it gone down slightly differently one or the other or both would have been options in play.

[beni]

Here is a link to the story:

http://www.postandcourier.com/articl...120519812/1165

[kelcarry]

They are related but not the same concept. Basic self-defense generally carries a duty to attempt to retreat. That duty is not
present if SYG laws apply.

Good point. It is called "yellow journalism". It is called "if it bleeds it leads". Papers like this one will make sure you hear about "stand your ground". The term was used by the defense attorney for the man who slashed the Navy guy; it was not used by the judge. The paper probably licked their chops on that one and couldn't wait to pour a little journalistic gasoline on the fire.

[jonconsiglio]

Well, it kind of is a stand your ground. He stood his ground and fought for his friend when he easily could have walked away. Good for him.

[BugDude]

There should be a "Ground and Pound" law that basically says if you're on the ground and they are pounding you, you have the right to defend yourself with whatever force necessary to keep from being beaten into vegetablehood. That would be distinctly different from "Stand your Ground."

[ep1953]

Well two points. Poor reporting. And in this specific story, its a bit hard to tell (at least for me) exactly what has been
going on and how the fight evolved. There probably are jurisdictions in which a DA might assert that there was a duty to
avoid the drunks and never get in that situation in the first place. With SYG, its a different story.

I like SYG laws, even though I think getting out of the situation or avoiding it in the first place is the wiser action.

A couple of years back we had a guy murdered in a bar parking lot. A drunk just followed him out for no reason and shot him.
There was no time for either SD or SYG. Had it gone down slightly differently one or the other or both would have been options in play.

Good comments. As for the "poor reporting", is the any other kind?

[dukalmighty]

Something tells me that after the civilian trial was over,the Sailors involved in the fight very likely received letters of reprimand and very possibly Article 15's

[Hot Wing]

Something tells me that after the civilian trial was over,the Sailors involved in the fight very likely received letters of reprimand and very possibly Article 15's

Indeed

[claude clay]

self-defense, stand your ground...
i'm so confused

i dearly miss the Jupiter ll
i so hope it comes back for me soon

[paching]

The reporters called it "SYG" because it's hip and it sesationalizes the case. They'll do anything to sell their article.