Florida shooting ruled self defense TWO YEARS LATER!

[leadcounsel]

The accused spent TWO YEARS in jail!


http://blogs.ink19.com/truthtopower/archives/7299

Florida oks shoot ‘em in the back law
Fla. court OKs force against retreating attackers

TALLAHASSEE, Fla. — Florida’s “stand-your-ground” law allows the use of deadly force for self-protection even if an attacker or intruder is in retreat, an appellate court said Wednesday.

A three-judge panel of the 1st District Court of Appeal issued that explanation for last month releasing Jimmy Hair from jail, where he had spent two years awaiting trial on a first-degree murder charge.

Hair, 28, was charged with fatally shooting Charles Harper, 26. Harper had forced his way into a car in which Hair was a passenger and then tussled with him. The car was parked outside a Tallahassee nightclub where Harper earlier had argued with the driver.

A trial judge had refused to grant Hair “stand-your-ground” immunity due to conflicting testimony on whether Harper was being pulled out of the car by a friend when he was shot, but the appellate court said that didn’t matter.

“The statute makes no exception from immunity when the victim is in retreat,” the panel wrote in an unsigned, unanimous opinion.

Shooting someone in retreat is not self defense, it’s retribution.

 

[calaverasslim]

Ya pays ya money, ya takes ya chances.

front or back, makes no difference, pay back is a bitch

 

[General Geoff]

Unless and until the attacker who is retreating DOES NOT POSE A THREAT ANYMORE, the shoot is still righteous.

 

[ManBearPig]

Let me ask something, because I'm not very familiar with it. If you go through a trial, get convicted, get sent to prison, and then later get released because you found to have been innocent.....do you get your gun rights restored immediately? Or do they just say you are innocent....but since you did spend time in jail (even though you were innocent and didn't belong there), you're screwed and you're not getting your rights back? How does that work?

I realize that in theory you should immediately have your life back; but I'm willing to bet that in the real world that's not how it works out.

 

[Justo]

If the appeal is granted than the first conviction is over turned. So that means he no longer a felon and can use fire arms again. Well..... unless the the appeals judge says he cant.

 

[damien]

Ya pays ya money, ya takes ya chances.

If he had any money, he would have paid his bail. This doesn't sounds like a case where bail would be unavailable, it would just be high.

 

[withdrawn34]

Let me ask something, because I'm not very familiar with it. If you go through a trial, get convicted, get sent to prison, and then later get released because you found to have been innocent.....do you get your gun rights restored immediately? Or do they just say you are innocent....but since you did spend time in jail (even though you were innocent and didn't belong there), you're screwed and you're not getting your rights back? How does that work?

I realize that in theory you should immediately have your life back; but I'm willing to bet that in the real world that's not how it works out.

If you are deemed innocent of those charges, then there's no reason to have any charges on your record. It should and must be completely cleaned. Basically, it needs to be restored to how it was before the incident, which should include restoration of all rights.

If he had some other charges that were not tossed out that could still affect his firearm rights, then he might not get them back.

In reality though, you're right. It's probably going to be tough for this guy to get everything scrubbed out. He's going to have to spend a lot of time fighting again - with bureaucracy.