LA Times: Justifiable Homicide Originated with Stand Your Ground
LA Times published an article entitled “ ‘Stand your ground’ law upheld in Florida murder case”.
Greyston Garcia accosted a burglar, who swung a bag of stolen car stereos at Garcia’s head. Garcia swung back, holding a kitchen knife. The burglar died later, and Garcia was charged with second-degree murder. The charge may have been appropriate, because Garcia may have escalated the confrontation by his actions:
A neighbor had alerted Garcia in the early morning hours that two men were burglarizing vehicles in the neighborhood, including his truck. Garcia ran out and yelled at them to drop the radios, but Pedro Roteta ran with the loot, provoking a chase that ended with the fight. Garcia was arrested the day after the incident.
One of the reasons Chris Bird’s “The Concealed Handgun Manual” is so highly recommended is because he liberally peppers facts with stories of how defenders actually behaved. After reading the entire book, it’s clear that one of the easiest ways for a defender to run afoul of the law is to act like a cop.
In this case, Garcia chased the perpetrator, as opposed to self-defense training where we consistently tell people to stop shooting when the threat stops (e.g. attacker runs away). There are instances when continuing may be acceptable under Citizens Arrest, when a felony—like burglary—has been committed. But, to be on the safe side of the law, this may be more appropriate in violent crimes necessitating the use of self-defensive force, as opposed to property crimes like burglary.
Garcia claimed self-defense. According to LA Times, Garcia cited Florida’s Stand Your Ground (SYG) law. However, as noted in a previous article, pre-existing Florida statutes already delineated when the use of deadly force is acceptable in self-defense. In fact, this is what the judge referenced when dismissing the case.
So what we have here is an attempt by the Times to blur the lines between lawful self-defense and SYG, in order to make it seem that actions like Garcia’s had only become acceptable upon enactment of SYG. In reality, both Citizens Arrest and pre-existing statutes were sufficient to merit a dismissal:
Circuit Judge Beth Bloom threw out the murder charge this week, finding that Garcia’s “use of force was justified in order to defend himself from the victim’s actions.”
The Times can afford a legal researcher to determine all the above, so the question is: Does the Times intentionally mislead readers to promote an anti-rights agenda, or are they merely stupid and lazy?
“The Times can afford a legal researcher to determine all the above, so the question is: Does the Times intentionally mislead readers to promote an anti-rights agenda, or are they merely stupid and lazy?”
Is this a trick question? The answer is yes to both.
Howard – They’re stupid and lazy, and they aim to deceive. When you aim to deceive you generally don’t have to do too much research.
Mr. Nemerov:
The liberal press, particularly here in California, is very selective in what they report and how they report it. The editorial pages are even worse. Last Tuesday, the Argus here in Fremont ran an editorial cartoon that had the state of Florida drawn in the shape of a pistol on the subject of the Trayvon Martin shooting. Yesterday’s was even more offensive with a portrayal of what was supposed to be Zimmerman holding a smoking gun, and a character labeled “NRA” telling him the Skittles could be lethal.
Now, it has been almost a month since Maricopa County Arizona Sheriff Joe Arpaio revealed the findings that the “birth certificate (sic)” and “draft card (sic)” provided by Obozo were both forgeries. I have yet to see word one in the Argus about this significant news event. To make matters worse, at the news conference, the news people attending didn’t ask any questions about the evidence and how it was arrived at. Instead, they delivered ad hominem attacks directed at Sheriff Arpaio.
– complex now takes up several blocks in downtown L.A., part of same just across the street from the Times Building. Perhaps Jack Dunphy or someone else could cross over and explain to its editorial board.