Welcome to DU! The truly grassroots left-of-center political community where regular people, not algorithms, drive the discussions and set the standards. Join the community: Create a free account Support DU (and get rid of ads!): Become a Star Member Latest Breaking News General Discussion The DU Lounge All Forums Issue Forums Culture Forums Alliance Forums Region Forums Support Forums Help & Search

DonViejo

(60,536 posts)
Tue Jan 21, 2014, 06:13 PM Jan 2014

Florida Man Claims Self-Defense After Hopping A Fence To Shoot, Kill 21-Year-Old In A Hoodie

Source: ThinkProgress

BY NICOLE FLATOW ON JANUARY 21, 2014 AT 2:57 PM

On Thursday, an Orlando man shot and killed a 21-year-old who was fleeing his yard. He didn’t appear to be stealing anything, according to witness accounts. He didn’t appear to be threatening anybody. But Claudius Smith said he feared he was a burglar, followed him over the fence to a neighboring apartment complex, where he shot him after he said he felt threatened, according to a confession documented in an Orlando Police Department report. Smith even said he feared victim Ricardo Sanes was armed “because his pants were falling down” and his hands were in his hoodie pockets, according to a report obtained by the Orlando Sentinel.

Now, questions are emerging about whether Smith will also invoke the state’s Stand Your Ground law, which gained notoriety over the shooting of 17-year-old Trayvon Martin, shot in a Florida residential development while wearing a hoodie. Law enforcement officials don’t seem to believe Stand Your Ground applies. Smith has already been charged with second-degree murder. But that doesn’t stop a judge from granting Stand Your Ground immunity later. In one of the most recent Florida court decisions on Stand Your Ground, an appeals court granted Stand Your Ground immunity to a man who went to his car to get a gun before the fatal incident.

According to statements by Smith’s girlfriend, Angela Kemraj, to police, the incident started when she saw a man in the yard on surveillance cameras and reported it to Smith. She said they saw the individual in dark clothes and a hoodie leaving their yard without anything in his hands, and climbing over the fence to a neighboring apartment complex. Smith then left the apartment and climbed over the fence. Two minutes later, Kemraj said she heard gunshots. Soon after, Smith came back to the apartment and said Sanes tried to rob him, without mentioning the shooting. During initial police questioning, Smith later denied knowledge about the shooting, and only later confessed, claiming he shot in self-defense.

###

Read more: http://thinkprogress.org/justice/2014/01/21/3187451/florida-suspect-says-believed-man-killed-armed-pants-falling/

17 replies = new reply since forum marked as read
Highlight: NoneDon't highlight anything 5 newestHighlight 5 most recent replies
Florida Man Claims Self-Defense After Hopping A Fence To Shoot, Kill 21-Year-Old In A Hoodie (Original Post) DonViejo Jan 2014 OP
NH license: Live free or die. FLA: license to kill. nt. Warren Stupidity Jan 2014 #1
Wear a hoodie and you die. n/t cosmicone Jan 2014 #11
See, you can chase someone down and claim you feared for your life. Absolutely illogical! blkmusclmachine Jan 2014 #2
its florida rafeh1 Jan 2014 #3
SYG, impolitely known in FL as the "Ni66er Killer" law. blkmusclmachine Jan 2014 #4
Whoa. Now it's devolved to "stand another person's ground". . . Journeyman Jan 2014 #5
Law Being Abused erpowers Jan 2014 #6
So can I drive down the Florida and stand my ground with somebody? Kingofalldems Jan 2014 #7
Florida Dopers_Greed Jan 2014 #8
The Onion couldn't make this up... ck4829 Jan 2014 #9
The Shooter Gets The Benefit Of The Doubt DallasNE Jan 2014 #10
We have to remove this law shenmue Jan 2014 #12
Obviously if you shoot someone and are charged ... spin Jan 2014 #13
One can claim anything he wants. ManiacJoe Jan 2014 #14
Florida, America's Hellhole. nt valerief Jan 2014 #15
So glad we sold our Florida timeshare. nt onehandle Jan 2014 #16
Anyone think for one second that the guy didn't think of the Zimmerman acquittal ... brett_jv Jan 2014 #17

erpowers

(9,350 posts)
6. Law Being Abused
Tue Jan 21, 2014, 06:24 PM
Jan 2014

I realize I am saying the obvious, but this law is being abused. If someone get caught shooting someone they can just claim Stand Your Ground. If someone get angry and decides to shoot someone they can just claim Stand Your Ground. The law at least needs to be changed. There definitely needs to be limits on who can use this law and under what circumstances.

ck4829

(35,077 posts)
9. The Onion couldn't make this up...
Tue Jan 21, 2014, 06:28 PM
Jan 2014

"I HAD to chase him down and kill him... in self defense by the way, all because he was wearing a hoodie and his pants were falling down!"

DallasNE

(7,403 posts)
10. The Shooter Gets The Benefit Of The Doubt
Tue Jan 21, 2014, 06:34 PM
Jan 2014

And the victim lays dead -- again. So I don't see much difference between this case and the other case where the restaurant manager went out to his car to get a gun before coming back to shoot and kill the two guests that were hitting on the help in the bar after they had already been kicked out of the restaurant.

Here it looks like somebody was just cutting across a property, taking a short-cut and since he was black he had to be up to no good. Sounds like George Zimmerman reasoning to me with the same outcome. And instead of a hang-man's noose they now simply use guns.

spin

(17,493 posts)
13. Obviously if you shoot someone and are charged ...
Tue Jan 21, 2014, 07:28 PM
Jan 2014

your attorney will do his best to make sure you get off.

In Florida neither the self defense law or the stand your ground law allow you to pursue, confront and kill a person who has broken into your home and runs when you confront him.

According to the article, the victim hadn't even broken into the house but was merely in the yard. He wasn't threatening anyone and according to the article didn't even appear to be stealing anything. The homeowner decided to pursue the victim after he climbed over a fence and eventually confronted and shot him. The shooter does claim that the victim tried to rob him, but the article doesn't mention any witnesses or any injuries suffered by the shooter in the incident because the victim attacked him.

It would be my bet the shooter stands trial and most likely will be found guilty of second degree murder.

It is also my opinion that Zimmerman should be in prison today but I fault the prosecution in the case as they failed to prove Zimmerman guilty beyond a reasonable doubt.





ManiacJoe

(10,136 posts)
14. One can claim anything he wants.
Tue Jan 21, 2014, 07:30 PM
Jan 2014

However, the facts as reported do not support self defense therefore cannot support SYG.

brett_jv

(1,245 posts)
17. Anyone think for one second that the guy didn't think of the Zimmerman acquittal ...
Tue Jan 21, 2014, 09:34 PM
Jan 2014

During the process of chasing this kid down and putting a bullet into him?

I've always thought it's just a matter of (short) time before some other sociopath decides to do the same thing, and tries for the same defense.

Some people think it's now 'open season' down there, looks like ... and if this guy walks, too? Shit, man. I shudder to think ...

Latest Discussions»Latest Breaking News»Florida Man Claims Self-D...