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Family of Florida boy killed by Neighborhood Watch seeks arrest

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Log4Girlz

Member
There is no master list of things which are legally threatening or non-threatening. What matters is how a court of law interprets information. Being followed by a stranger in a car, is potentially threatening. Getting out of said car and confronting a person is very threatening. Even if the boy initiated fisticuffs, he could have felt threatened and justified in his acts.

Great way to show how completely obtuse you are.

Being stalked and engaged by a total stranger is not threatening now?

Dude, but the stranger wasn't black *rolls eyes*
 

KHarvey16

Member
Depends on the person's skin color. If it was a black person following a white man in a car, then getting out of the car to confront him said white person...it would be a huge threat and the white man would get away scott free if he shot the black man.

So no.

Stalking?

Also no.

Please blow that out your ass.

When someone follows you in a car in the middle of the night, you don't find that threatening? When he gets out of the car, with (best case scenario here) something bulky around his waste or in his jacket, you don't find that threatening?

And another no!

Cmon man. Believing that its threatening and it being a law have nothing to do with each other. Except that the former can become the latter if enough people fight for it.

Uh...we're dealing with the law right now. Exclusively.

I don't know if it's legally a threat, but you better be assured that I would consider it a fucking threat.

And would you consider a physical response legally justifiable?
 

Draft

Member
Based on the known facts the neighborhood watch guy sounds like a straight up murderer. That man needs to go to jail for a good 25 years.
 

Air

Banned
KHarvey16 said:
Driving behind someone and then getting out to speak to them or walk over to them doesn't alone constitute a threat.[/B]

The thread is moving fast but stalking goes against Florida law:

FLORIDA

Section 784.048. STALKING; DEFINITIONS; PENALTIES. 1997.

(1) As used in this section, the term:

(a) "Harass" means to engage in a course of conduct directed at a specific person that causes substantial emotional distress in such person and serves no legitimate purpose.

(b) "Course of conduct" means a pattern a conduct composed of series of acts over a period of time, however short, evidencing a continuity of purpose. Constitutionally protected activity is not included within the meaning of "course of conduct." Such constitutionally protected activity includes picketing or other organized protests.

(c) "Credible threat" means a threat made with the intent to cause the person who is the target of the threat to reasonably fear for his or her safety. The threat must be against the life of, or a threat to cause bodily injury to, a person.

(2) Any person who willfully, maliciously, and repeatedly follows or harasses another person commits the offense of stalking, a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.

(3) Any person who willfully, maliciously, and repeatedly follows or harasses another person, and makes a credible threat with the intent to place that person in reasonable fear of death or bodily injury, commits the offense of aggravated stalking, a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(4) Any person who, after an injunction for protection against repeat violence pursuant to s. 784.046, or an injunction for protection against domestic violence pursuant to s. 741.30, or after any other court-imposed prohibition of conduct toward the subject person that person's property, knowingly, willfully, maliciously, and repeatedly follows or harasses another person commits the offense of aggravated stalking, a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(5) Any person who willfully, maliciously, and repeatedly follows or harasses a minor under 16 years of age commits the offense of aggravated stalking, a felony of the third degree, punishable as provided in s. 775.082, so. 775.083, or s. 775.084.

(6) Any law enforcement officer may arrest, without a warrant, any person he or she has probable cause to believe has violated the provisions of this section.

So what the neighborhood watch guy did was technically an offense. There isn't any way around that.
 

DY_nasty

NeoGAF's official "was this shooting justified" consultant
^Thanks.
So no.



Also no.



And another no!



Uh...we're dealing with the law right now. Exclusively.



And would you consider a physical response legally justifiable?
I'm asking you

what you feel is threatening. Please stop being obtuse for the sake of being obtuse. Would you find that threatening?
 

Log4Girlz

Member

There is no master list of things which are legally threatening or non-threatening. What matters is how a court of law interprets information. Being followed by a stranger in a car, is potentially threatening. Getting out of said car and confronting a person is very threatening. Even if the boy initiated fisticuffs, he could have felt threatened and justified in his acts.


.
 

KHarvey16

Member
The thread is moving fast but stalking goes against Florida law:

FLORIDA

Section 784.048. STALKING; DEFINITIONS; PENALTIES. 1997.

(1) As used in this section, the term:

(a) "Harass" means to engage in a course of conduct directed at a specific person that causes substantial emotional distress in such person and serves no legitimate purpose.

(b) "Course of conduct" means a pattern a conduct composed of series of acts over a period of time, however short, evidencing a continuity of purpose. Constitutionally protected activity is not included within the meaning of "course of conduct." Such constitutionally protected activity includes picketing or other organized protests.

(c) "Credible threat" means a threat made with the intent to cause the person who is the target of the threat to reasonably fear for his or her safety. The threat must be against the life of, or a threat to cause bodily injury to, a person.

(2) Any person who willfully, maliciously, and repeatedly follows or harasses another person commits the offense of stalking, a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.

(3) Any person who willfully, maliciously, and repeatedly follows or harasses another person, and makes a credible threat with the intent to place that person in reasonable fear of death or bodily injury, commits the offense of aggravated stalking, a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(4) Any person who, after an injunction for protection against repeat violence pursuant to s. 784.046, or an injunction for protection against domestic violence pursuant to s. 741.30, or after any other court-imposed prohibition of conduct toward the subject person that person's property, knowingly, willfully, maliciously, and repeatedly follows or harasses another person commits the offense of aggravated stalking, a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(5) Any person who willfully, maliciously, and repeatedly follows or harasses a minor under 16 years of age commits the offense of aggravated stalking, a felony of the third degree, punishable as provided in s. 775.082, so. 775.083, or s. 775.084.

(6) Any law enforcement officer may arrest, without a warrant, any person he or she has probable cause to believe has violated the provisions of this section.

So what the neighborhood watch guy did was technically an offense. There isn't any way around that.

No it wasn't. What you bolded there isn't satisfied legally in any way whatsoever.
 

KHarvey16

Member
I'm asking you

what you feel is threatening. Please stop being obtuse for the sake of being obtuse. Would you find that threatening?

I would ask him what he was doing. If I initiated a physical altercation, I would expect to be arrested.

It depends how it happened. Which we don't know. Considering this guy decided to play rogue cop, we have no idea what he actually said to the kid.

Precisely.
 
So we've reached the point where Harvey is so out of touch with reality being followed by a car isn't threatening. Don't even post in his direction anymore fellas. Seriously. Don't give him any more attention.
 
So basically you got "what if he's innocent!" to my "what if he's guilty :| and this dude should at least be locked up for rogueing out"

I've said multiple times that he should bear responsibility for refusing to stand down and contributing to the situation, that's true regardless of what happened next.

I'm only saying "what if he's innocent?" because there are a ton of people concluding he's a murderer based on what little we know. If anyone was concluding he was innocent I'd be saying "what if he's guilty?" too. This is the position that you and everyone else refuse to acknowledge in both KHarvey16's and my posts, and just argue against the idea of him being innocent.
 

Log4Girlz

Member
I would ask him what he was doing. If I initiated a physical altercation, I would expect to be arrested.



Precisely.

When you were 17? Charges would not stick. You could explain the circumstances in court and any case would be thrown out. The kid was a fucking minor for Christ's sake.
 

Shakala

Member
Based on the known facts the neighborhood watch guy sounds like a straight up murderer. That man needs to go to jail for a good 25 years.

No, he's just a shooter and he only did it in self defense because he wanted to have a chat with his gun!
 

DY_nasty

NeoGAF's official "was this shooting justified" consultant
I've said multiple times that he should bear responsibility for refusing to stand down and contributing to the situation, that's true regardless of what happened next.

I'm only saying "what if he's innocent?" because there are a ton of people concluding he's a murderer based on what little we know. If anyone was concluding he was innocent I'd be saying "what if he's guilty?" too. This is the position that you and everyone else refuse to acknowledge in both KHarvey16's and my posts, and just argue against the idea of him being innocent.
The 'little we know' is that he's already in the wrong and should be locked up for that much if nothing else.

Murder, manslaughter, selolfdefense can be decided after the whole rogue neighborhood watch thing gets decided... and you and harvey aren't arguing the same thing either.
You are just being willfully ignorant then.

He is. At least it's clear now.

Car rolls up on you in the middle of the night - "Want some of my skittles! :D"
 

Aeonin

Member
So on KHarvey's point..about the law.

Can anyone really go out, tail and kill a minor in the state of Florida, SAY it was self defense - and get away with it? Legally?
 

Log4Girlz

Member
I've said multiple times that he should bear responsibility for refusing to stand down and contributing to the situation, that's true regardless of what happened next.

I'm only saying "what if he's innocent?" because there are a ton of people concluding he's a murderer based on what little we know. If anyone was concluding he was innocent I'd be saying "what if he's guilty?" too. This is the position that you and everyone else refuse to acknowledge in both KHarvey16's and my posts, and just argue against the idea of him being innocent.

The case for him being innocent is weak at best. We have someone stalking a minor, leaving a vehicle against police advice to confront said minor because he was "suspicious". Why would he be so bold to leave his car? Because he was armed and wasn't afraid to start shit.
 

KHarvey16

Member
You are just being willfully ignorant then.

No, I can read. It says "Any person who willfully, maliciously, and repeatedly follows or harasses another person." They'd need to prove malice and they'd also need to prove this happened before. Do you see evidence for this?
 

DY_nasty

NeoGAF's official "was this shooting justified" consultant
No, I can read. It says "Any person who willfully, maliciously, and repeatedly follows or harasses another person." They'd need to prove malice and they'd also need to prove this happened before. Do you see evidence for this?

We're talking about what you would find threatening since you've been all over the place with this DA stuff.

We'd like to ask the kid, but he's dead. So what's your opinion on being rolled up on by a car in the middle of the night after leaving a convenience store?
 

Korey

Member
Not sure why people are spending the effort to defend this guy. We all know exactly what happened, let's just wait for the courts to serve this guy some justice.
 

Air

Banned
No it wasn't. What you bolded there isn't satisfied legally in any way whatsoever.

It was in regards to you saying that driving behind somebody and questioning them isn't a threat. It is a very real threat. Again, I don't know how you would feel if some stranger drove up to you and started questioning you. The kid had every right to feel (assumingly) threatened. I know I would have, and again, the scenario is similar to if a woman was walking around late at night and some stranger drove up to them asking them questions.
 

Log4Girlz

Member
Because you say so?

*rolls eyes* A minor is followed in an automobile by an adult, who gets out AGAINST POLICE ADVICE to confront them. If you started the fight and claimed you felt threatened, charges would be dropped. If you feel there is any chance that in reality you would face any kind of penalty then you are living in fantasy land.
 

Kinitari

Black Canada Mafia
Maybe it would help us understand each other better if we wrote out the possible scenario's we are envisioning here - here's a possible scenario where the 17 year old started the physical confrontation:

26 year old man gets out of the car, and approaches the 17 year old
26: "Hey, let me talk to you"
17: "Uh, yeah?"
26: "What are you doing right now?"
17: "What am I doing right now? What the fuck is it your business what I am doing right now?"
26: "Well where are you going then?"
17: "None of your business man"
*starts to walk away, 26 year old tells him to stop, maybe moves in front of him*
17: "Get the fuck out of my way"
*pushes/shoves 26 year old, or in some way, gets physical - fight breaks out, 17 year old gets shot*

Does that sound plausible?
 

KHarvey16

Member
We're talking about what you would find threatening since you've been all over the place with this DA stuff.

We'd like to ask the kid, but he's dead. So what's your opinion on being rolled up on by a car in the middle of the night after leaving a convenience store?

How was it done? Also I'll point out that legally how I perceive these actions is not what is most relevant. Unless the man's actions legally justified a physical response from the teen the self defense scenario is still in play according to the law.
 

commedieu

Banned
That's nice, however the law does not. The chief explained precisely what it was, did you see it?

I'm responding to your speculative about the shooter & justifying altercations. After hes instructed by the police, he shoots the kid. And I didn't say anything about the legality of an order. The law is on the shooters side in this matter.
 

Log4Girlz

Member
We're talking about what you would find threatening since you've been all over the place with this DA stuff.

We'd like to ask the kid, but he's dead. So what's your opinion on being rolled up on by a car in the middle of the night after leaving a convenience store?

Harvey would ask if the person needed directions. If they got out of the car, he would draw a map for them, because there would be no reason to feel threatened. I bet this happens all the time.
 

Aeonin

Member
No, I can read. It says "Any person who willfully, maliciously, and repeatedly follows or harasses another person." They'd need to prove malice and they'd also need to prove this happened before. Do you see evidence for this?

Going against Police orders to follow - repeated following willfully.
Tailing teen in the middle of the night and then confronting while carrying loaded gun into gated community - harassment and malice
 

Enron

Banned
Most likely the guy panicked and shot the kid. I seriously doubt the guy was thinking HOO WEEE IMMA SHOOT ME A BLACK KID!!! Either way, have fun in prison, bitch.

Do you really need an armed neighborhood watch in a gated upscale community? Sounds like someone's got a cop fantasy.
 

Skeyser

Member
It was in regards to you saying that driving behind somebody and questioning them isn't a threat. It is a very real threat. Again, I don't know how you would feel if some stranger drove up to you and started questioning you. The kid had every right to feel (assumingly) threatened. I know I would have, and again, the scenario is similar to if a woman was walking around late at night and some stranger drove up to them asking them questions.

Seriously, anyone thinking it's not threatening must be living is some kind of paradise where crime doesn't exists.
 

KHarvey16

Member
It was in regards to you saying that driving behind somebody and questioning them isn't a threat. It is a very real threat. Again, I don't know how you would feel if some stranger drove up to you and started questioning you. The kid had every right to feel (assumingly) threatened. I know I would have, and again, the scenario is similar to if a woman was walking around late at night and some stranger drove up to them asking them questions.

No it isn't! Did you even read what you posted? There's an AND there, which means ALL of those things need to be satisfied. It must be MALICIOUS, WILLFUL AND REPEATED. Tell me right now all of these things happened. PLEASE.
 
Most likely the guy panicked and shot the kid. I seriously doubt the guy was thinking HOO WEEE IMMA SHOOT ME A BLACK KID!!! Either way, have fun in prison, bitch.

Do you really need an armed neighborhood watch in a gated upscale community? Sounds like someone's got a cop fantasy.

That's not how racism works. The point is that he would not have been following to kid and calling 911 if he was white.
 

railGUN

Banned
The police released him, meaning they could not pin murder on him. The report details his injuries.

The report is talked about here:

http://www.orlandosentinel.com/news...illed-sanford-police-20120308,0,1380794.story



I imagine the police are making that the focus of their ongoing investigation. They'll present their findings to the state for prosecution if it's warranted.
That article says his back was wet and he had grass clippings on him... That's enough to straight up shoot someone in the chest?
 

KHarvey16

Member
Middle of the night, a car pulls up beside you and a guy with a bulky object around his waist/in his jacket gets out of his car and walks up to you.

Not threatened?

Does this describe the incident here? According to who? Where was the gun? Can I see it? How is the man behaving?
 
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