The movie theater killer's self-defense claim
Could Florida's "stand your ground" law come into play in the case of a retired cop who fatally shot a man in a movie theater? Police say he fired his gun during an argument over texting. Now another couple is stepping forward and claiming they had a run-in with the suspect days earlier, at the same theater. Martin Savidge has the latest on the case.
Click here to learn how to help the Oulson family.
Friends of movie theater shooting victim Chad Oulson are uniting to help his family. In a web exclusive interview Joe Detrapani shared his memories.
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Filed under: Crime & Punishment • Mark Geragos • Martin Savidge • Sunny Hostin |
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The "stand your ground" defense does not apply in this case because in order to use such a defense, the defendant had to have been where he or she was legally allowed to be and engaged in legal activity when the shooting occurred. Since the theater in which this tragic murder happened prohibits the possession of firearms on its premises and has a clearly posted no firearms sign, then the shooter was most certainly not where he was legally allowed to be nor engaged in legal activity. To put it simply, the shooter in this case was already committing the crime of TRESPASS before he ever opened fire. This precludes any "stand your ground" defense.
To enter a private place of business in violation of clearly posted conditions for admittance is to commit the crime of trespass. One cannot claim "stand your ground" while engaged in criminal activity.
If a business has a clearly posted "no shirt, no shoes, no service" sign and one enters that business without the required clothing, then one cannot use the "stand your ground" defense against the owner of that business when said owner grabs the trespasser and throws him off of the premises.
When did popcorn become a lethal weapon?????