Florida: What could be wrong about this self-defense claim?

#1

There are so many things that make this appear to not be self-defense… What do you see that’s wrong about this situation?

#2

Well, cocaine possession is a pretty big red flag.

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#3

That was one of the big ones for me, too @James! There are a number of other things that had me scratching my head as well.

Sometimes truth is stranger than fiction.

Anyone else catch anything off about this guys situation?

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#4

Yeah the article has a bunch of examples.

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#5

The drug possession, and a fist fight that wasn’t substantiated by witnesses, and what stopped him from going in the house and calling the cops.

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#6

In a self-defense situation where the “attacker” has been stopped and is incapacitated, why would the “victim” leave? Staying to provide medical help and/or not leaving the scene go along way in supporting your side of the story. Hiding in a yard down the road and forcing the police to search for you doesn’t help.

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#7

There seems to be a multitude of issues.

He went to the victims house. He wasn’t defending his own.
The drugs are a definite problem.
There is not hint that the witnesses backed up his story that he was being hit and was on his back.
He was throwing things around in the yard, which would indicate he had time to leave if he felt threatened.
Witnesses said he was told to leave by the victim.
He fled the scene.

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#8

In a self-defense situation it isn’t uncommon for a victim to leave for their safety. If I’ve had to physically defend myself from someone continuing to attack me and I find a way to get away, I am totally getting away to somewhere safe - and then call the police. I would make sure I was calling the police ASAP after the incident. The police would never have to search for me once the attacker was stopped.

Now if the threat was down and I knew could no longer attack me, I would be staying there and calling the police.

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#9

I have had the chance to watch videos listening to Mr. Andrew F. Branca. he explains in a
well documented video that there is a circle of areas that you have to prove to the
prosecution, jury, and the judge that your innocent. Your proof has to be complete and
truthful in ALL 5 or 6 of the chapters that are list in that CIRCLE. Burden of Proof must completely
show all the facts that are listed from witnesses, proof of where, what, when; ( ALL THE FACTS ABOUT the PLANTIFF ) . If one of those chapter fails and they ( Prosecution ) proves that the facts are incorrect; the plaintiff is GUILTY. The SELF DEFENSE CASE is no longer self defense. It can be attempted murder or murder for the plaintiff. Read book and your laws, but do not test them.

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#10

It’s incidents like this that jeopardize the Florida Stand your ground law. Too many questionable claims will turn the public against the law and cause its demise.

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