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09-08-2012, 12:42 PM #1
Man who used Stand Your Ground defense convicted
Man who used Stand Your Ground defense convicted of firing on Jacksonville Taco Bell coworker
Posted: September 8, 2012 - 11:47am
By Adam Kealoha Causey
A 23-year-old man who used Florida’s Stand Your Ground law as a defense was convicted Friday for firing a handgun at a Taco Bell coworker following a fist fight, according to a news release from State Attorney Angela Corey’s office.
Gordon Agenor and Marquis Brown worked at the fast food restaurant on Atlantic Boulevard in May 2011 when the two got into a scuffle, the news release says. After the right, Agenor went to his truck and grabbed a gun from the glove compartment.
Brown ran across Atlantic when he saw the weapon, and Agenor fired at him three times “during broad daylight and rush hour traffic,” prosecutors said. Agenor said he was trying to “wound” Brown.
Assistant State Attorney Alexis Sykes complimented the Jacksonville Sheriff’s Office investigation on the case.
“Detectives did not accept Agenor’s self- defense claim at face value and instead pieced together significant physical evidence, witness testimony and defendant statements that would later disprove his Stand Your
Ground claim,” Sykes said in the news release. “Innocent bystanders also witnessed the shooting and came forward to testify and assist in securing justice in this case.”
Agenor was convicted on a count of Aggravated Assault with Actual Possession and Discharge of a Firearm. He faces a minimum mandatory sentence of 20 years in prison, with sentencing set for October.
Read more at Jacksonville.com: http://jacksonville.com/news/crime/2...#ixzz25tgtyhGh"Don't you have anything better to do than to troll gunboards"? Mauserboy48
"But broadly accurate, probably." Clyde
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09-08-2012, 01:04 PM #2Senior Member
- Join Date
- Dec 1969
He had an IDIOT for an attorney if he was allowed to use that defense! Of course he probably just ignored his lawyers advice.
09-08-2012, 01:10 PM #3
WE know that firing at a fleeing person after a fist fight is not justified, unfortunately a large portion of society has been indoctrinated to think that's what 'stand your ground' is.For those who love peace, there sometimes comes a time when you must fight for it.
"A well regulated militia, being necessary to a free state..." means a properly functioning militia consisting of the body of the people. YOU are the militia.
09-08-2012, 01:53 PM #4
The fools who believe that will get what they deserve without sympathy from me, Bill.
What seems to be wildly misunderstood is "Stand your ground" means that IF you have a situation that justifies self defense with the use of force and deadly force, you don't have to retreat and be followed until you are backed into a corner before you shoot (or knife or club or wahatever). It doesn't mean that you can get into a fist fight, have the fight get over, then go get a gun and shoot the other participant while he is running off. As this fool found out, eh?
Something to remember is that a self-defense claim is a DEFENSIVE plea and requires you to ADMIT you did the shooting BUT "I had to".Absent comrades (sound of breaking glass)
09-08-2012, 02:04 PM #5Copper Bullet Member
- Join Date
- Mar 2011
When you have no defense, you grab at straws - but they're giving "stand your ground" a bad name.
09-08-2012, 02:22 PM #6
yeah, what greybeard said
stand your ground, simply removed the retreat requirements, which are part of common law due to DUELING, where the victor of an illegal duel would claim self defense, well if he wasn't trying to run away...
Stand your ground simply means that you can defend yourself before / removes having to show - retreat, or that you were in a position where retreat is not possible.
what it doesn't mean is that you can active ENGAGE in MUTUAL combat, then claim that it's self defense, as a matter of fact, all the SYG laws I've read specifically say that criminal conduct (and mutual combat) are NOT covered. So, if I were the DA, I'd add a stupidity tax to his sentence and ask for all the enhancements.Live, learn and be happy.
09-08-2012, 03:59 PM #7
Mutual affray that escalates during the combat MAY bring self-defense into play. For example, a couple of lads dispute which is the better football team, and, having had a few beers, start swinging at one another. Then one pulls out his knife and commences to cut on the other (or try to), whereupon the guy without a messer remembers he has a pistola, pulls it and shoots. There may well be a self-defense claim here that would be allowed and a jury might well buy it.*
*Note - better to avoid that sort of situation; the jury might NOT buy it...
Last edited by Clyde; 09-11-2012 at 12:28 PM.Absent comrades (sound of breaking glass)
09-08-2012, 04:44 PM #8
"YOU wait right here while I run to my car and get my gun" ≠ "stand your ground"."If you analyze it, I believe the very heart and soul of conservatism is libertarianism."-Ronald Reagan
"Simply hating the other side is not an ideology. It’s partisanship. It’s childishness. And it’s useless." -Jack Hunter
"I am convinced that there are more threats to American liberty within the 10 mile radius of my office on Capitol Hill than there are on the rest of the globe." -some guy
09-11-2012, 11:08 AM #9
To believe that the "Stand Your ground" law applies to this you have to be as stupid as the reporters and editors of the Tampa Bay Times. Their big "expose'" had nothing but claims, obfuscation of the details, claiming plea deals were cases of the stand your ground claim letting a criminal off, and really nobody getting off who didn't have a legitimate case of self defence. The one scandal was that the report did reveal that in many cases the judges refused to follow the law in stopping prosecution of legitimate self defence, and let trials go forward to the inevitable jury acquittal.
http://www.tampabay.com/news/publics...cle1233133.eceI swear by Jupiter Optimus Maximus .... in the army of the consul Lucius Quinctius Cincinnatus and for 10 miles around it I will not steal anything worth more than a sestertius in any one day.
09-11-2012, 12:55 PM #10
What an idiot, fortunatly the other guy or a bystander wasn't killed.
Some peeps are just too plain stupid to be allowed near a firearm.Laugh hard and often.
09-13-2012, 03:11 AM #11Gold Bullet Member
- Join Date
- Sep 2010
- The Arizona Desert
Seems to me that 'Stand Your Ground' laws just won't do anybody any good if they are not carrying a gun when getting in trouble. If getting the gun means leaving the site of trouble and then coming back in to it, SYG laws no longer apply and the gun carrier is now the law breaker. I figured that out without even reading a SYG law.
I sure miss common sense, don't you?
09-13-2012, 09:27 AM #12
Yes. Going off and getting your gun and coming back means you aren't just standing your ground, you ceded your ground to him and now are coming back to push him off it! SYG NOT!I swear by Jupiter Optimus Maximus .... in the army of the consul Lucius Quinctius Cincinnatus and for 10 miles around it I will not steal anything worth more than a sestertius in any one day.