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.
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.
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.
In response to the auction, Lucy McBath, mother of Jordan Davis who was killed in November 2012 at a Florida gas station during an argument over loud music (whose killer used stand your ground as part of his defense) penned this oped for the New York Daily News, exposing how both the auction of the firearm that killed Trayvon and NRA-backed stand your ground laws (and the legislators who vote for them) share the same deplorable lack of value for human life.
Stand your ground laws make communities less safe by letting people shoot to kill in public places, even when they can clearly and safely walk away from danger. And now Missouri is on the verge of becoming the first state to pass a new stand your ground law since Trayvon was killed.
The research on how stand your ground laws endanger public safety and in particular, disproportionately affect African Americans, is clear:
Everytown for Gun Safety found that states with stand your ground laws have, on average, experienced a 53 percent increase in homicides deemed justifiable in the years following passage of the law, compared with a five percent decrease in states without stand your ground statutes during the same period—an increase disproportionately borne by the black community. And after Florida passed its stand your ground law, its “justifiable homicide” rate tripled.
A 2012 study by researchers at Texas A&M found that stand your ground laws are associated with an increase in homicides, resulting in 600 more homicides nationwide each year.
The Urban Institute also examined racial disparities in justified gun homicide rulings that involve a single shooter and victim who are strangers. The researchers found that when white shooters kill black victims, 34 percent of the resulting homicides are deemed justifiable, while only 3.3 percent of deaths are ruled justifiable when the shooter is black and the victim is white.
Beyond all of that, Missouri’s SB 656 would also dismantle the state’s concealed carry permit requirement and allow people – including some violent criminals – to legally carry hidden, loaded handguns in public without a permit or any safety training. Missouri legislators passed this despite opposition from 76% of Missourians.
These are all reasons why hundreds of volunteers with the Missouri chapter of Moms Demand Action for Gun Sense in America, part of Everytown for Gun Safety, have made phone calls, sent emails, met with their lawmakers and testified to defeat SB 656. The bill is now on the Governor’s desk.
Source: Everytown for Gun Safety/Moms Demand Action press release
I read the Declaration of Independence yesterday, just to refresh my memory, so it seems fitting today to debut a new featured post called “Tweet of the Month“, which will present some of the most thought-provoking, engaging interactions from our twittersphere every month. Wishing wish you and yours a happy, safe, Fourth of July, also!
Where is the line separating self-defense from vigilantism?
New York is not a “stand your ground” state, meaning that a person has a duty to retreat from a threat if possible, before using deadly force. But this story proves you can still chase after and kill an unarmed person in a crowded subway station and get away with it, in a public shooting that is shocking, even by New York standards.
On Tuesday, March 10, 2015 electricians Gilbert Drogheo, 32 and Joscelyn Evering, 28, were headed home from work, strapping on a crowded subway to Brooklyn. As 69 year-old Willie Groomes, an ex-prison guard (who retired in 1993) with a gun permit, tried to walk between the pair to get on the subway, one of the younger men addressed him with the slang, “my nigger,” according to reports. Groomes replied, “I’m not your nigger.”
“They (Drogheo and Evering) were talking mad trash,” a witness reportedly said. “They must have been drunk.” Other witnesses said Drogheo raised his fist, threatening to “smoke” Groomes before Evering jumped Groomes (something Evering denied). Groomes pulled out a .380 Ruger handgun to try to fight him off. At least one witness reportedly saw Drogheo push Groomes back into the train as the two friends exited to get away. Neither Drogheo nor Evering is reported to have been armed.
Groomes went after Drogheo, later claiming he wanted to make a “citizens’ arrest”. A three minute witness’ cellphone video shows the ensuing confrontation. Groomes is first seen on the video in the station, apparently after exiting the subway, walking swiftly down stairs, toward someone who is shouting at him on the lower stairs, and, as Groomes advances, he can be heard saying “Where you gonna go” to the younger man, who runs when Groomes gets to bottom of the stairs.
During the encounter, someone can be heard shouting repeatedly, “Don’t shoot him, O.G., don’t shoot him”. Groomes stops, looks up, turns, and heads back up the stairs, where, 25 seconds into the video, Groomes goes at Drogheo landing a left fist to the temple and holding a gun in the right hand. Drogheo reels from the blow, then struggles with Groomes over the gun before being shot. Witnesses scramble and a man who appears to be Evering approaches the wounded Drogheo, kneeling over and calling out mournfully to him as police arrive. Evering is arrested. Drogheo died later that evening at a hospital.
On May 4th, Brooklyn District Ken Thompson announced there wasn’t enough evidence to prove a crime was committed.
Thompson issued a statement that read, “Following a full and fair investigation…I have determined that criminal charges are not warranted in this matter. Based on interviews of multiple eyewitnesses to the events leading up to the shooting, our review of video tapes of the shooting itself and other evidence, I have decided not to put this case into the grand jury and will not bring criminal charges against Mr. Groomes. While the death of this young man was indeed tragic, we cannot prove any charge of homicide beyond a reasonable doubt.”
Prosecutors claim a second video shows that Groomes had given up trying to track down Drogheo, but they ran into each other again, when they claim Drogheo initiated a struggle that resulted in an “accidental discharge” of the weapon. This shocking cellphone video below seems to contradict that contention.
New York state self-defense laws allow a citizen to use physical force, “other than deadly physical force” when “he or she reasonably believes such to be necessary to effect an arrest or to prevent the escape from custody of a person” who may have committed a crime. A citizen can use deadly physical force only when defending against “imminent use of deadly physical force,” or when it is necessary to detain a person who was committed manslaughter, murder, robbery, forcible rape, or forcible criminal sexual act.
Gregg Pinto, a former Brooklyn assistant district attorney, told Gawker the reason Groomes was not arrested has little to do with self-defense or anything else about the conflict itself. “I can’t imagine that if this guy didn’t have a badge, he wouldn’t have been arrested,” Pinto. “In my opinion, NYPD is arrest first, ask questions later. The only time you don’t arrest is if the person is somehow connected to the police.”
In 1984, New Yorker Bernie Goetz made national headlines when he shot four black teenagers who were trying to mug him. He was arrested but later acquitted of attempted murder.
No one disputes the fact that Drogheo and his friend initiated the confrontation. Yet Groomes could have simply called the cops, or not followed the two younger men. He has not been charged or arrested. Evering was arrested at the scene, charged with menacing and felony assault. Drogheo’s family wants and deserves justice and have started a petition to get District Attorney Ken Thompson to charge Groomes with murder.
Was Groomes justified? What do you think he should have done? Leave your comments.
66-year-old Omar Rodriguez had a verbal altercation with Jose “Pepe” Rey, and Rodriguez claimed Rey had said he would return. Later, it’s reported that, as Rey was talking with other neighbors at a gathering, Rodriguez appeared. Rodriguez told police he saw Rey move toward him, with some type of “shiny object” in his hand, so he went to his car, got his gun, then opened fire, shooting Rey multiple times. He also threatened to shoot Rey’s wife, Lissy, when she ran to help her husband.
Rey is last reported to be in critical condition, with severe abdominal and spinal injuries. A GoFundMe account has been set up to help the Rey family with medical expenses.
Rodriguez was arrested and faces charges of second-degree attempted murder and aggravated assault. At his arraignment on June 23, a judge denied bond, citing police reports that state Rey had his hands out and was backing up when he was shot.
Neighbors of Rodriguez’ son and his own neighbors – miles away – all reportedly described Rodriguez as unstable, saying he has allegedly threatened people in his son’s neighborhood as well as his own. Several frightened people in his son’s neighborhood have reportedly filed restraining orders to keep him away, and police have released surveillance camera footage that shows Rodriguez engaged in some mischief and altercations involving neighbors.
It’s been over a year since this non-partisan movement to End Stand Your Ground was cyber-active. Apologies to all of you who were faithful readers from the start.
Maybe the hiatus was partly due to a countless overdose of possible stand your ground cases (still trying to catch up on many incidents over the past year), or writer’s block, or so little time while working a job to make a living. Whatever the reason, there’s a lot of catching up to do here (almost done seeping through thousands of emails).
Now the fight goes on – appropriately starting again on National Gun Violence Awareness Day – with several new, subtle (but unmistakably obvious) changes, which should improve the clarity, awareness, support, and user experience of this network.
The new, biggest change you may notice is that the tag is now ‘to change or repeal’ stand-your-ground laws across America. This was necessary, since basically, if certain states change their ideology and remove the ‘no duty to retreat from anywhere” option, repeal may be unnecessary.
And this movement is not focused on gun control. It’s more about an ideology for saving the lives of unarmed people, whether or not they’re at fault.
Another change is the use of “cyber-movement”, since this activism is taking place primarily via the internet. This should also serve as a reminder to everyone that there is strength in internet users, so your support, participation and involvement – by signup for this blog, a follow on twitter, a like on the ESYG facebook page, comments, and by joining a discussion – is important! You’ll also find this movement has a footprint in many other cyber-places, including YouTube, tumblr, Scoop.It, Pinterest, and Google+.
Finally, if you really want to help in an absolutely awesome way, a donation through Paypal would be the ultimate form of support! Expect an improved experience, with updates on all things concerning stand-your-ground and stand your ground laws. Hang on in here for the ride.
In Memory Of Trayvon Martin (Feb 5, 1995 – Feb 26, 2012), a video by Diego Rodriguz found on YouTube, with a montage of sometimes familiar, touching photos of Trayvon Martin, offers a poignant memorial to the African-American teenager whose death on February 26, 2012 opened widespread, heated debate on race and gun rights in America.
As his killer continues to be a free man, we do hope Trayvon may rest in peace, yet that may not happen until the battle is won to change or repeal stand your ground laws.