Stand Your Ground Hearing For Cop In Theater Shooting Postponed – Again

Prosecutors and attorneys for a retired Florida cop who killed a man during an argument over the man texting on a cell phone in a movie theater have agreed to postpone a stand your ground hearing – again, and again, and now again – until next year.

A hearing on an immunity claim of self-defense under stand your ground law was originally set by Circuit Court Judge Susan L. Barthle for January 25, 2016, and postponed to May 26,  then postponed again to June 29, 2016. This time, Judge Barthle has set a date of February 20, 2017.

SEE: A Theater Shooting You May Have Forgotten About

RELATED: A Stand Your Ground Case Taking Too Long To Go To Trial

Curtis Reeves photo credit: Pasco County Sheriffs Office)
Curtis Reeves (photo credit: Pasco County Sheriff’s Office)

Retired Tampa Police Captain Curtis Judson Reeves, 73-years-old, of Brooksville, is charged with second-degree battery and second degree murder in the shooting death of 43-year-old Chad Oulson and wounding Oulson’s wife, Nicole. The incident, which some people call the “popcorn shooting”, occurred inside a movie theater in Pasco County on January 13, 2014.

Theater surveillance cameras captured multiple images from different angles of the venue seating areas and lobby, with one scene that appears to show popcorn, then what appears to be a cellphone being thrown by Oulson just before Reeves fires the fatal shot.

A stand your ground hearing would determine whether or not Reeves is immune from prosecution. If he loses at the hearing the case would then go to trial. If his plea is successful, he will not have to stand trial.

Defense attorneys earlier this year filed a successful request to have public access to possibly dozens of court depositions restricted amid repeated delays in proceedings during an era of calls for an end to gun violence and public scrutiny on law enforcement killings.

RELATED: Attorneys In Stand Your Ground “Popcorn Shooting” Want To Stop Access To Court Records (Updated)

 

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Missouri Governor Vetoes Stand Your Ground Bill

SB656, a bill designed to change Missouri’s self-defense laws – and make Missouri the first state since the Trayvon Martin incident to pass a stand your ground law – was vetoed by Governor Jay Nixon today (June 27). After sailing through the state’s Senate and the House, the bill had been awaiting approval or veto by Nixon since May 13.

It is possible for a gubernatorial veto to be overridden by the state legislature.

SEE: Missouri (Almost) Becomes A Stand Your Ground State

Missouri Governor Jay Nixon
Missouri Governor Jay Nixon (official state portrait)

Nixon, a Democrat, faced enormous pressure from the Republican-led Missouri legislature to enact the law. The bill has been widely considered “veto-proof”; however, a bill which faces opposition by the Governor after passing through the legislature can be challenged with a veto override in the next legislative session, and still become law in the future.

RELATED: 

Missouri’s current self-defense laws state that only the property owner or someone leasing it are allowed to use deadly force against an intruder.

SB656 would have allowed deadly force to be used by anyone who has permission to occupy private property, such as a house guest, and also make it a misdemeanor, and no longer a felony, for anyone carrying a concealed weapon into a place that has restrictions on concealed carry.

The bill also would have allowed open-carry without a permit, and expanded the state’s self-defense laws to include the words “does not have a duty to retreat from a dwelling, residence, vehicle, private property that is owned or leased, or anywhere else a person has a right to be – the very definition of stand your ground law – making Missouri the first state since Trayvon Martin incident to pass such a law.

 

 

Crazy Gun Laws That Put Our Lives at Risk

Did you know there is at least one municipality in America that requires the head of household to own a gun? It’s just one of the many “gun laws” that the National Rifle Association (NRA) has pushed to enact across the nation. In fact, Thom Senzee reports on Advocate.com that there are other “crazy” gun laws – like stand your ground – that put our lives at risk.

The NRA has been so effective at defeating just about every proposed gun control measure in the U.S. Senate, the House of Representatives, and in state houses across the country that it may be time to replace the term “lobbying” with a new one.

The NRA and its executive director, the unyielding Wayne LaPierre, have been working hard to enact pro-gun laws. For example, according to Mother Jones, LaPierre and company are bent on bringing stand your ground laws to all 50 states.

During the past four decades, the NRA has fundamentally changed the very meaning of the term “gun laws.” If you think “gun laws” refers to laws that limit the availability of guns, think again. This list of absurd legislation (and proposed legislation) shows how some are fighting to extend the right to bear arms to even schools and workplaces. See 7 Crazy Gun Laws That Put Our Lives at Risk on advocate.com

South Carolina Supreme Court Upholds Murder Charge Dismissal

South Carolina’s Supreme Court recently ruled that a North Charleston woman legally used deadly force in 2012 when she fatally stabbed her boyfriend at their home. The ruling on May 18, 2016 helps clarify how South Carolina’s “stand your ground” law applies to domestic violence.

SC Supreme Court Asks Lawmakers To Help Them Understand Stand Your Ground

In October, 2014, a trial judge in Charleston dismissed a murder charge against 26-year-old Whitlee Jones, who claimed immunity from prosecution under the state’s Protection of Persons and Property Act. The law allows people in certain situations to use force when faced with serious injury.

Whitlee Jones (photo: Cannon Detention Center)
Whitlee Jones (photo: Cannon Detention Center)

                                   Whitlee Jones (photo: Cannon Detention Center)

Jones was the first of three North Charleston women charged with murder during a two-year span in the stabbing of a boyfriend or a roommate. Judges dismissed charges against all of them. Read the full story at postandcourier.com

White Barber Refused Service, Pulled Gun On Black Man

A South Carolina barber with a history of altercations told police he “felt threatened” when he refused service and pulled out a gun on an African-American man who walked into his barbershop for a shave, according to reports.

Rock Hill barber Larry Thomas, 65-years-old, who is white, allegedly pulled out a gun when Arthur Hill, of Fort Mill, a 37-year-old African-American, walked into Thomas’ barbershop on May 11 asking for a quick shave on his way to work.

Instead of offering a chair, Hill said that Thomas responded by holding a .38 caliber revolver in his hand saying, “I don’t do black hair.” Hill retreated from the shop and called the York County Sheriff’s Office.

When police arrived, Thomas reportedly led them to an outside shed and to the gun Hill had described. Thomas is out on bond after being charged with pointing and presenting firearms at a person. In South Carolina the crime is punishable by a fine or up to five years in prison.

Larry Thomas
Larry Thomas (York County Sheriff’s Office booking photo)

“I told him I did not do black hair and he kept coming towards me and I stepped back here and I always keep a gun right here and I just picked up my gun and put my gun at my side,” Thomas told WBTV. The news station found several other reports from the past of Thomas presenting firearms at potential customers.

Thomas also told the station he doesn’t do flat tops or women’s hair styles. He added, “I’m just not good enough to do black hair cutting at all. Being an autistic individual, I pretty much stick to my routine.”

Hill told WCNC, “I was shocked. I was shocked for my life, because I’m thinking that could’ve been me laying on the floor dead. “He did not point it at me, but it was clear in [hind]sight like he meant business. He said, ‘I don’t do black hair.’ I asked him does he shave, can he shave me, and he said, ‘I don’t do black hair.’ ”

Hill says he asked Thomas to clarify why he couldn’t get a cut. “I  said, ‘Are you referring to African-American hair?’ He said, ‘Yeah,’ and at the time I noticed he already had his hand gripped on a .38 snub nose chrome revolver.”

SEE: South Carolina’s “Protection of Persons and Property Act”

 

Stand Your Ground Top Tweet: In Florida, It’s Glock Time All The Time

Updated: July 14, 2016

Time for another treat with a top tweet about stand your ground laws. It’s summertime and Florida recently began a “#SummerStartsNow Visit Florida” tourism campaign.

Unfortunately, the murder of singer Christina Grimmie and massacre at the Pulse nightclub have occurred two weeks after this tweet was posted. We all truly grieve with Orlando. Yet incidents like these may only serve to help the state promote it’s NRA-led gun agenda.

So, why not celebrate the season in a place where guns are not so prevalent and promiscuous? What better time to give California oranges and juice a try, or skip the Southeast corner of the U.S. to visit Hawaii, which has one of the lowest rates of gun ownership (7%) and gun deaths (7 in 2010).

In case you missed it, or don’t use twitter, here’s a tweet by the Movement to Change or repeal Stand Your Ground Laws that got the most attention over the past few weeks to earn a spot on the top tweet list.

Shannon Watts, founder of Moms Demand Action, also tweeted about the Gunshine state’s tourism campaign. Shout out and thanks to whoever created the graphic:

Man Gets New Trial In Murder Of Neighbor On Basketball Court

In November 2012, Trevor Dooley, now 75-years-old, was found guilty of manslaughter and sentenced to 8 years in prison for the September, 2010 murder of a neighbor, 41-years-old David James, on a basketball court – as James’ 8-year-old daughter watched. Dooley was convicted in 2013, and served three years and three months of his sentence in prison.

Dooley’s first appeal was denied, but the Tampa Bay Times reports a second appeal has been granted because of an ineffective appellate lawyer and “erroneous” wording in the jury instructions on the justifiable use of deadly force. In Florida, that’s known as the “stand your ground” law.

Xena is following this case and posted this update on her website at We Hold These Truths To Be Self-Evident

by Xena

(l) Trevor Dooley booking photo (credit: Florida Dept of Corrections); (r)David James (family photo)
(l) Trevor Dooley booking photo (credit: Florida Dept of Corrections); (r)David James (family photo)

When I heard that Trayvon Martin was killed, and that his killer was claiming Florida’s stand your ground defense, that law piqued my interest.  I had not heard of stand your ground and wanted to know of other cases in Florida where the defendant claimed that defense.

Among the cases I found was that of Trevor Dooley.  On January 23, 2013, I wrote an article on the significance of the Dooley decision.  It is a Florida case where the defendant claimed self-defense….

Read full story at We Hold These Truths To Be Self-Evident