VaultNetwork.net Vault Network Boards
Author Topic: Somewhat Similar Case In Florida [Locked]
Groucho48  3 stars
Posts: 821
Registered: 2003-10-22 03:00:14
Quote:

Trevor Dooley stood his ground, brandished his gun and killed a man after an argument over local skateboarding rules in a Florida town.

He argued in court last month that he had a right to do so under the state’s Stand Your Ground law.

Outrage over the death of 17-year-old Trayvon Martin, killed by a crime watch volunteer, has focused new attention on the law, which permits those in Florida “to meet force with force, including deadly force” when attacked. As my colleague Lizette Alvarez reports, the Justice Department is pursuing an investigation into Trayvon’s case.

As that investigation goes forward, the law is currently being invoked as a key defense by Mr. Dooley.

The man he killed, David James, had been playing basketball with his 8-year-old daughter in September 2010 when he and Mr. Dooley began arguing over whether a boy on a skateboard had a right to ride on the court, according to an account in The St. Petersburg Times. There was a “physical confrontation,” the police said, during which Mr. Dooley fired the weapon he was carrying, killing Mr. James in front of his daughter.



Without googling or anything, do you think the shooter should be sent home with no charges or charged with something? Speculate on how you think the police should have handled this situation. (This is not a gotcha for one side or the other.)

 

-----signature-----
“Science is like sex: sometimes something useful comes out, but that is not the reason we are doing it.” – Richard Feynman
Ashmaele  4 stars
Title: Pastor of Muppets
Posts: 1,809
Registered: 2002-1-15 08:30:50
tag for later

 

-----signature-----
I had a dream. It was an incredible dream. When I awoke, I had a huge mess to clean up.
MayorShade  2 stars
Title: Not Special Forces
Posts: 258
Registered: 2004-3-1 10:40:52
He should have shot the skateboarder instead. Nobody likes skateboarders.

 

-----signature-----
"drive a SUV and have a Apple straped to your azz" - Blue_Arrow
"ou guys know that I love homosexuals." - GrilledCheez
Z-Elder  3 stars
Posts: 671
Registered: 2002-3-15 13:58:39
Who started fighting?

 

-----signature-----
"The poison of our ordinary habits has killed the magic of the moment"
"Men are not in hell because God is angry with them . . .
they stand in the state of division and separation which by their own motion, they have made for themselves"
Groucho48  3 stars
Posts: 821
Registered: 2003-10-22 03:00:14
Z-Elder posted:

Who started fighting?



I posted a bit more about this in one of the other threads.

If by fighting, you mean...who initiated physical contact..you decide. After the one guy waved his gun around, he stuck it in his waistband and started walking away. The other guy followed him saying something like...don't ever pull a gun like that. The guy then pulled the gun again and the other guy grabbed for it. A struggle ensued and the guy without the gun got shot and died.

 

-----signature-----
“Science is like sex: sometimes something useful comes out, but that is not the reason we are doing it.” – Richard Feynman
Groucho48  3 stars
Posts: 821
Registered: 2003-10-22 03:00:14
This is the link from the other thread...


Quote:




Trevor Dooley's attorney portrayed him Wednesday as a 69-year-old man with fused discs in his neck who feared for his life when set upon by his 41-year-old neighbor, six inches taller and 70 pounds heavier.

Dooley is protected by Florida's "Stand Your Ground" law, his attorney argued, firing in self-defense when the most mundane of neighbor disputes turned violent.
.
.
.
Arthur, now 15, said he was visiting friends in the Twin Lakes neighborhood. He took his skateboard to the park and asked permission to practice trick moves from James, who was shooting hoops with his daughter. The only others in the park were a couple playing tennis.

But the boy then heard a voice from across the street. It was Dooley, outside his garage, shouting that he should get off the court, that there was a no-skateboarding sign. The boy stopped.

He heard James call out to Dooley, "Show me the sign."

Michael Scott Whitt, practicing tennis serves nearby with his wife, Michelle, stopped to watch.

They testified that Dooley briefly went into his garage, then started across the street with a dark object sticking out of his waistband. They said James threw his hands up and said, "Oh, come on."

Dooley and James argued over letting the boy skate until Dooley lifted his shirt and said, "F--- you," the Whitts testified.

They said Dooley turned and started home, but James caught up with him. "Mr. James said, 'Don't flash a weapon,' something like that," Michelle Whitt testified.

Then, she said, Dooley pulled out the gun and James grabbed his hand. The men struggled, they fell to the ground, and James ended up on his knees as Dooley lay on his side. They still wrestled for the gun.

The gun fired.


http://www.tampabay.com/news/courts/criminal/witnesses-dispute-trevor-dooleys-stand-your-ground-claim-in-valrico/1206308

This is from December. I've been trying to find out what the verdict was but haven't been able to. It also appears that a civil trial also happened/is happening.

 

-----signature-----
“Science is like sex: sometimes something useful comes out, but that is not the reason we are doing it.” – Richard Feynman
Z-Elder  3 stars
Posts: 671
Registered: 2002-3-15 13:58:39
"They said Dooley turned and started home, but James caught up with him. "Mr. James said, 'Don't flash a weapon,' something like that," Michelle Whitt testified.

Then, she said, Dooley pulled out the gun and James grabbed his hand. The men struggled, they fell to the ground, and James ended up on his knees as Dooley lay on his side. They still wrestled for the gun.

The gun fired."


That is a tough call. Dooley was going home and it was over until the younger, bigger guy got pissed and started it again by closing ground. I'd think that sets Dooley free.

I found that the motion to dismiss the case comes up in April.

 

-----signature-----
"The poison of our ordinary habits has killed the magic of the moment"
"Men are not in hell because God is angry with them . . .
they stand in the state of division and separation which by their own motion, they have made for themselves"
IMHO  4 stars
Title: Official Outpost Greeter
Posts: 2,287
Registered: 2001-11-1 03:55:02
Dooley was the aggressor.
If he truly stopped to get his gun before he went over to confront James, I think it could be argued first degree murder.

 

-----signature-----
You're Right ~ Koneg
He's [Manegarm] like the Fred Phelps of atheism. ~Bubbledude
many of you are in the Republican boat, aka the ship of fools. ~Modeeb
We are here on Earth to fart around. Don't let anybody tell you any different. ~Kurt Vonnegut
IMHO  4 stars
Title: Official Outpost Greeter
Posts: 2,287
Registered: 2001-11-1 03:55:02
Z-Elder posted:

That is a tough call. Dooley was going home and it was over until the younger, bigger guy got pissed and started it again by closing ground. I'd think that sets Dooley free.



Dooley initiated the incident. The fact that he may have stopped to get the gun is premeditation. If he had time to think there might be trouble (he grabbed his gun) he should have called the police.

 

-----signature-----
You're Right ~ Koneg
He's [Manegarm] like the Fred Phelps of atheism. ~Bubbledude
many of you are in the Republican boat, aka the ship of fools. ~Modeeb
We are here on Earth to fart around. Don't let anybody tell you any different. ~Kurt Vonnegut
IMHO  4 stars
Title: Official Outpost Greeter
Posts: 2,287
Registered: 2001-11-1 03:55:02
What would have happened if James had a concealed carry permit and Dooley flashed his gun? That would be a green light for James to stand his ground and shoot the Motherf***r.

 

-----signature-----
You're Right ~ Koneg
He's [Manegarm] like the Fred Phelps of atheism. ~Bubbledude
many of you are in the Republican boat, aka the ship of fools. ~Modeeb
We are here on Earth to fart around. Don't let anybody tell you any different. ~Kurt Vonnegut

VaultNetwork.net is an independently operated community forum and is not affiliated with, endorsed by, or technically based on IGN, GameSpy, FilePlanet, GameStats, or the former IGN/GameSpy Vault Network.
References to VaultNetwork.net mean this site/domain. VNBoards-style presentation is a visual homage only. By using this site, you agree to the forum rules.