Florida man invokes ‘Stand your ground’ after shooting sheriff’s deputy

[Judi Lynn]

Source: Raw Story

Florida man invokes ‘Stand your ground’ after shooting sheriff’s deputy
By David Ferguson
Friday, March 7, 2014 13:00 EST

A Pensacola, FL court is set to decide on Friday whether 24-year-old Keenan Finkelstein is criminally liable for shooting a deputy sheriff in the leg in March of 2013. According to the Pensacola News-Journal, Finkelstein and his defense team are pinning their hopes on the controversial “Stand Your Ground” law.

On the night of March 20, 2013, Escambia County Sheriff’s Deputy Sgt. Shedrick Johnson and other police officers were searching on foot for a robbery suspect in the Scenic Hills area of Pensacola. A robbery victim told police that someone from a home located on the 8800 block of Burning Tree Road had stolen marijuana and a handgun from his residence.

Police converged on the home and saw Finkelstein — who was not the subject the police were searching for — emerge from the house’s garage. Sgt. Johnson said that he emerged from a hiding place behind a tree and identified himself as a sheriff’s deputy.

Finkelstein produced a gun and fired, striking Johnson in the leg.

Finkelstein’s attorney Brandon Moros is arguing along with his client that Johnson emerged from the shadows without identifying himself and that Finkelstein fired in self-defense. Moros contends that Finkelstein’s actions were justified under “Stand Your Ground.”


Read more: http://www.rawstory.com/rs/2014/03/07/florida-man-invokes-stand-your-ground-after-shooting-sheriffs-deputy/

[jaysunb]

1. I'm loving this !

It won't get much press, but I'm betting if this goes in favor of the defendant, there will be some " rethinking " of this law.

[Jake Stern]

6. I wish this would trigger a "rethinking" of the law.

However I suspect that the legislature will make changes specifically to protect cops and leave the law the same for everyone else.

[jaysunb]

8. You're probably right. n/t

[Cha]

15. yeah, protect their own.. everyone else can be killed with impunity.

[yurbud]

39. How to make a Florida legislator's head explode: what if it's a white suspect and a black cop?

[blkmusclmachine]

2. I only think that works if the victim is African-American.

[madokie]

37. That seems to be the case

'specially down there in Floor-ida

[Laurian]

3. Why the hell not? Any shooter in Florida

feels free to stand their ground anytime, anywhere after it worked for Zimmeman.

[1000words]

4. This is interesting.

Going to keep an eye on this story ...

[uppityperson]

5. Well, isn't that something. k&r for the irony

[jberryhill]

7. Florida Man sure is busy

[NBachers]

9. A diseased offshoot of the evolutionary tree

What o what will he do next?

[d_r]

10. I'm stuck on the part

"officer, somebody stole my pot."

Dammit, Florida Man.

[Sunlei]

11. The court will take the cop for his word, he "identified himself".

[Mr.Pain]

12. Who on earth would call the cops

If they had weed stolen. as far as i know it is illegal still in Florida?

[jberryhill]

13. Two things

1. If your weed is stolen, you can't be busted for possessing it.

2. A handgun was stolen. That's a big deal.

Yes, the guy, rightly, reported the stolen gun. They asked him whether anything else was taken, and it seems he valued giving accurate information.

I don't think he was looking for them to get his weed back.

Remember kids: Only users lose drugs.

[cui bono]

20. One time on my way to high school I went and picked up my friend.

She told me she had seen some jr. high aged kids put something in the ivy on the sidewalk and then put a piece of notebook paper at that spot. So we went over to see and the note said "keep out" or something like that. So we looked in the ivy underneath and there was a baggie of weed. So we um, confiscated it. For their own good of course. They were too young for it. But mostly they were too stupid.

[Jackpine Radical]

27. Brilliant!

"Remember kids: Only users lose drugs."

As we used to say in the '60's, Keep the Baby, Faith!

[grahamhgreen]

31. ... Like Obama, Bush, & Clinton....

[DeSwiss]

14. The only way this could be more ironic......

...would be if the shooter's name had been George Zimmerman.

- K&R

[Kablooie]

16. This clearly falls under the stand your ground law.

If the police confront you you have a valid reason to be scared so of course you have the right to shoot and kill him.
No question about it.

[ManiacJoe]

17. Well, you got the "no question" part right.

However, there is "no question" that the stand your ground law does not apply when confronting the cops, so says the law.

[Demeter]

24. Anybody could "identify" themselves as police

I'd be scared, if I didn't have the time and resources to confirm the assertion, that some unscrupulous con man was trying to bamboozle me. Even a uniform could be faked or stolen.

It's a scary world out there...television tells me so!

[JoeyT]

18. I don't think it will fly.

The statute specifically exempts law enforcement officers as long as they identify themselves or a reasonable person should have known they were law enforcement*. The cop claims he identified himself, and juries tend to be filled with people that will believe anything a cop says.

*Of course it also claims you need to be in a situation where a reasonable person would fear for their lives to invoke it, so their idea of reasonable is pretty questionable.

I hope it does work. I think we'll see a lot of support for the law drop off quickly.

[KansDem]

19. It was just a matter of time...

...before SYG would be used on cops, what with the number of police beatings and killings of civilians on the rise.

What are you supposed to do? Stand there peacefully while being shot or beaten to death?

[treestar]

29. Is there any evidence this particular cop was doing any such thing? nt

[KansDem]

36. Why don't you ask the 400 to 500 innocent Americans killed by police every year?

Oh, wait, you can't. They're dead.

[treestar]

38. So what has that got to do with this particular cop?

He's guilty because of other cops' actions, just because he is in the same profession? Those people can't testify in this case, because they don't know anything about it, so asking them is dumb.

[KansDem]

41. I don't know, but apparently the 400 to 500 innocent Americans killed each year...

... are "guilty" because of other citizens' actions.

Besides, when a police officer is killed by a private citizen, an arrest is made, there's a thorough investigation, trial ensues and if a guilty verdict is rendered, the killer goes to prison or is executed. When a private citizen is killed by a police officer, well, if an investigation is pursued, there's usually "evidence" (possibly fabricated) to warrant a decision of a justified finding (I believe it's called a "good shooting&quot . And we've seen in recent incidents the cops just out-and-out lie to escape accountability.

But, let's stop and think for a moment. What if SOG was investigated? "Stand Our Ground"

What if I'm walking down the street and I see a fellow citizen being killed by cops? Do I just keep walking or can I invoke SOG in an attempt to save the life of my fellow citizen? I'd really feel terrible if I saw a fellow citizen killed and did nothing to stop it.

Do you think if every citizen is C&C and SOG was the law of the land, do you think a cop may think twice before beating someone to death? Running them over in his car? Firing a dozen rounds into his body?

There's a reason we don't have these kinds of killings at 2-A Gunnutz rallies!

This shit's got to stop! Maybe SOG will do it and help bring back true "To Protect and Serve" based on mutual respect?

[cui bono]

21. Florida gun owners should be required to wear lapel cameras

like those LEO in that town in CA.

Fucking idiots. WTF is wrong with people down there???

[avebury]

22. I would not discount Finkelstein's attorney

getting at least a hung jury. They might get one or more jurors who would appreciate the irony of the case. Furthermore, it may come down to how much the jurors trust the police and what their personal feelings are on the numerous reporting of police beating and/or killing of citizens.

State troopers in Oklahoma recently beat the crap out of a deaf guy and the DA sided with the police that they did nothing wrong. They guy was reaching for his deaf placard and they thought he was reaching for a gun. He did resist but the guy is DEAF. They had yelled at him to comply but the guy was deaf and had no clue what they were saying to him. The troopers need training on how to recognize handicaps that may not be obvious at first. How would you feel if you were deaf and found some police officers/troopers coming at you with no sign of realizing you are deaf and they mean business. I can understand why a person might fear for his/her life around the police.

[thucythucy]

28. It is not at all a rare thing for Deaf people to get hassled

and even brutalized by the police. This is especially a problem for Deaf youth, and of course even worse for Deaf people who are also African American. Outside the big cities police generally don't know much about Deaf people or ASL. And even in the cities it's a problem.

[avebury]

23. Florida Judge: SYG Not Applicable

http://morallowground.com/2014/03/07/florida-judge-stand-your-ground-not-applicable-in-keenan-finkelstein-deputy-shooting-case/

A Florida man accused of shooting an Escambia County Sheriff’s deputy cannot invoke the state’s controversial ‘Stand Your Ground’ law to dismiss the charges against him, a judge has ruled.

------

Deputies were searching for Chappell when the incident occurred. Judge Terrell rejected Finkelstein’s motion on the grounds he had at least reasonable notice that deputies might arrive at the home while searching for Chappell. Finkelstein knew that the robbery in question had occurred.

Terrell said he based his decision on previously unaddressed evidence, namely a phone call to Chappell from the man he robbed earlier that day. The judge said that during the conversation, the man told Chappell that police had been notified. Under the state’s ‘Stand Your Ground’ law, a person may not use deadly force when in fear of death or great bodily harm if they “knew or reasonably should have known that the person was a law enforcement officer.”



Well that most certainly doesn't help Finkelstein's defense.

[Doctor_J]

25. strange. seems backward. if finkelstein knew a robbery had occurred

then he would be more likely to need to SYG, since the robber might still be in the area. This judge's decision, that because there was a recent crime SYG doesn't apply, fails the laugh test

[petronius]

32. Except that Finkelstein apparently was apparently in the company of

the robber (Chappell) - he knew that the guy he was currently smoking and drinking with was the guy that the police were looking for.

My WAG is that Finkelstein and Chappell thought that it was the robbery victim outside, not a deputy, and that's why he went out armed and ready to shoot. No 'SYG' is definitely right IMO, and these guys need some prison time. (Even if Finkelstein had had no knowledge of the robbery, I don't really see self-defense here - an unknown person appearing from behind a tree doesn't seem to rise to any sort of reasonable fear...)

[Judi Lynn]

34. Wonderfully good news! Didn't expect it to happen. Thank you, so much. n/t

[heaven05]

26. just remember and never forget

Jebbie,'the smarter bush', signed this clusterfuck legislation into fla. law. Another damn bush responsible for murder and mayhem. NEVER FORGET!!!!

[billh58]

30. Just another Florida

right-wing gun nut looking for any reason to shoot someone.

[Nitram]

33. Eventually...

...incidents like these will convince even right wingers that it's a stupid law. How many more will have to die before that happens?

[greiner3]

35. My take on the whole thing;

Why the hell is he still alive?

Shooting a cop??????

[wheniwasincongress]

40. He shot the deputy

but he didn't shoot the sheriff