Trucker in Road Rage Incident
Discussion in 'Trucking Accidents' started by Puppage, Jun 27, 2015.
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Also you being the person who keeps an assault rifle because "everyone has" handguns makes me understand why you were the first to respond to my bigger guns = bigger coward. Did I touch a nerve?
Lastly, I'm entitled to my opinion like everyone else here. I just happen to have more experts agreeing with my opinion on the subject/personal preference. So accept it and enjoy the rest of your holiday weekend. -
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"Officials say the tractor-trailer driver then got out of his truck and ran up to the driver’s side of the car while it was stopped at the traffic light at the end of the exit ramp. The truck driver allegedly struck the driver of the car with an unknown object, causing a cut to the car driver’s face, according to a press release from state police.
As the truck driver tried to return to his truck, the driver of the car got out and chased after the truck driver. While pursuing the truck driver, the car driver withdrew a 9-millimeter semi-automatic pistol (for which he had a valid pistol permit), and fired several rounds."
... Since the truck driver viciously attacked the car driver all the car driver needed to do is say he was afraid and trying to "prevent death or great bodily harm" knowing the assailant could turn around and attack him again, get a weapon from his truck, run him over with his truck, whatever.
The Florida law is a self-defense, self-protection law. It has four key components:
- It establishes that law-abiding residents and visitors may legally presume the threat of bodily harm or death from anyone who breaks into a residence or occupied vehicle and may use defensive force, including deadly force, against the intruder.
- In any other place where a person “has a right to be,” that person has “no duty to retreat” if attacked and may “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 to prevent the commission of a forcible felony.”
- In either case, a person using any force permitted by the law is immune from criminal prosecution or civil action and cannot be arrested unless a law enforcement agency determines there is probable cause that the force used was unlawful.
- If a civil action is brought and the court finds the defendant to be immune based on the parameters of the law, the defendant will be awarded all costs of defense.
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Man Retreating From Fight Shot In Back Of Head, 2007
Michael Palmer and Timothy McTigue got into a fight in Rivera Beach, during which McTigue claimed Palmer tried to drown him. McTigue then fatally shot Palmer in the back of the head while Palmer was climbing out of the water.
McTigue was acquitted.
Man Kills Robber Who Stole Car Radios, Then Sells Radios, 2012
Greyston Garcia saw Pedro Roteta stealing a stereo from his truck in Miami. He pursued Roteta, who swung a bag of car stereos at Garcia, according to surveillance video. Garcia chased, then fatally stabbed Roteta, went home, hid the knife, and sold two of the stolen stereos.
A Miami-Dade judge cited the Stand Your Ground law in dismissing the case against Garcia.
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In Brandon, 70-year-old Ralph Wald walked in on former neighbor Walter Conley having sex with Wald's wife. After fatally shooting Conley, Wald claimed that although Conley had lived nearby, he did not recognize him and thought a stranger was raping his wife.
Wald was acquitted after a two-hour deliberation.
His defense team invoked Stand Your Ground, according to the Tampa Bay Times, and noted that "Wald had 'no duty to retreat' when facing perceived danger within his own home."
Trash Bags, 2006
Kenneth Allen was upset that Clearwater neighbor Jason Rosenbloom had placed eight rather than the allowed six trash bags on their curb. The two men got into a verbal dispute. As Rosenbloom approached, Allen shot him once in the stomach and once in the chest, claiming Rosenbloom had tried to enter his home.
Allen was not charged, police believing his self-defense claims. "Had it been a year and a half ago, he could have been arrested for attempted murder,” Rosenbloom said of how the then-new Stand Your Ground law affected the case.
Rival Drug Dealer Killed, 2009
Jackson Fleurimon shot and killed Lucus Termitus, claiming that Termitus had shown up at his Orlando apartment brandishing a gun. Fleurimon's girlfriend told police that Fleurimon shot Termitus because he told him not to "sell dope on my side of the complex."
Fleurimon was granted immunity under Stand Your Ground.
Newspaper Delivery Man Kills Stranger, 2008
Tony Hayward was delivering newspapers in West Palm Beach when, he said, Jyron Miles approached him. Hayward claimed he thought Miles was reaching for a gun so he shot him.
Hayward was acquitted.
Man Claims He Had to Shoot Because Of Arthritis, 2008
In Hudson, Anthony Boglino, 64, was in an argument with Haigh Frank Kopain, 36, when he said he felt threatened. He claimed his arthritis prevented him from otherwise defending himself, so he shot his pistol, wounding Kopain.
Boglino was acquitted under the Stand Your Ground law.
Neighbor Kills Man In Front Of His Children In Dog Dispute, 2009
A neighborhood dispute over dogs in Homosassa turned deadly when Oscar Delbono shot Shane Huse as Huse's two young children watched from his truck. Witnesses say that Huse had turned to walk away when Delbono fire his gun.
Delbono was not charged with a crime.
Man Kills Door-to-Door Adventist, 2009
Tampa neighbors said that Carlos Ibanez, a Seventh Day Adventist, had been acting out, pounding on car windows and apartment doors when Marcos A. Trujillo shot and killed him.
Trujillo was not charged.
Teen Kills Deaf Wave Runner Robber, 2011
A Miami mother told her 14-year-old son, Jack Davis, to "get the gun" when they spotted a man trying to steal their waverunner from the dock, according to 911 calls. Davis shot and killed Reynaldo Munoz, who the family claimed had threatened them. A former teacher of Munoz said that was impossible because Monuz was deaf and could not speak clearly.
Davis was not charged.
Marijuana Deal Turns Deadly, 2009
Anthony Gonzalez Jr. fatally shot Sujaye Henry in a Miami marijuana deal dispute that led to a car chase and shootout.
Gonzalez pleaded guilty to manslaughter and was sentenced to three years in prison.
"The limitations imposed on us by the 'stand your ground' law made it impossible for any prosecutor to pursue murder charges," said a spokesman for the Miami-Dade prosecutor's office.
Gang Shootout Kills Teen, 2008
A gang shootout in Tallahassee left 15-year-old Michael Jackson dead. Two rival gang members were granted immunity under Stand Your Ground.
"A spokeswoman for Florida's Attorney General says in this case, the court made a decision about whether the defendants had a right to defend themselves regardless of whether they were gang members," according to WCTV.
Man Fires At Utility Workers Collecting Unpaid Bills, 2009
Miami's Ernesto Che Vino fired at two Florida Power & Light workers who had entered his yard to cut power due to unpaid bills.
A judge tossed out two counts of armed assault and one count of improper exhibition of a firearm, saying that under Stand Your Ground, Vino had a reasonable fear for his life.
Deadly Road Rage, 2012
Seth Browning, a 23-year-old security guard in Palm Harbor, was concerned about Brandon Baker's driving and followed him to get his tag number. Baker pulled over and confronted Browning, who police say sprayed Baker with pepper spray.
Browning said Baker then reached in and punched him, prompting Browning to pull out his company-issued gun and fatally shoot Baker.
Browning was not charged.
"The bottom line is, this was justifiable use of deadly force," Assistant State Attorney Bill Loughery told Palm Harbor Patch.
Bar Fight Shooting Spree Leaves One Injured, 2010
Tyrone Anthony Jackson was in an altercation with Etti Miezan at a Tampa birthday party. Jackson reportedly went to his car to get his gun and came back to start randomly shooting into the street. Miezan was injured while trying to evade his shots.
Jackson was acquitted on the grounds of self-defense. -
Keep believing that, and see how it works out for you. "Stand your ground" does NOT mean "advance your position". Lethal force is allowed to STOP a threat, not prolong the engagement by pursuing a fleeing attacker. Once you initiate pursuit, the "stand your ground" laws no longer apply to your situation, because you have become the aggressor.
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