Pokemon Go Meets Stand Your Ground

Among the myriad of stories pouring in about dangerous Pokemon Go game experiences happening in the world of AR (Augmented Reality), along comes news from Florida (of course) about a real-world “stand your ground” type of incident which fortunately was not deadly – but could have been.

According to a report from the Flagler County Sheriff’s Office, on Saturday morning (July 16) about 1:30 a.m., a man fired several shots at the car of two young men who were playing Pokemon Go outside his home in Palm Coast, Florida.

Pokemon GO screenshot
Pokemon GO screenshot

The 37-year-old man said he was awakened by a noise, looked outside his home, and saw a white car. He thought that two teenagers, 19 and 16-year-old, were burglars ransacking houses when he reportedly heard them ask each other “Did you get anything?”

The man told police that he stepped in front of the vehicle and ordered the teens not to move. He said the vehicle accelerated toward him, causing him to jump out of the way. He then fired a gun several times at the vehicle because he thought they were trying to run over him.

The teens reportedly later told police that before the shooting they heard someone ask, “Did you catch him?” and one of the teens said, “Yeah, did you?”

They heard the gunfire as they sped off. They didn’t call police or tell their parents because they weren’t injured and had not seen any damage to the car.

But in the light of day, when the vehicle was found to have a flat tire and several bullet holes, they realized how deadly the encounter could have been, and the mother of one of the teens then called police.

Due to Florida’s infamous stand your ground law, it’s unlikely the unidentified homeowner will be arrested or face any charges, but it is possible.

law enforcement officials everywhere advise citizens to call 911 immediately with as much information as possible when you suspect someone is trying to break into your home, and avoid leaving the protection of your home to confront suspects.

Here are additional tips from Flagler County Sheriff’s Department:

Pokemon Go players are urged to follow these safety guidelines

  • Use common sense, be alert at all times and stay aware of your surroundings. In law enforcement, we call this situational awareness.
  • Watch where you are going.
  • Do not drive or ride your bike, skateboard, or another device while interacting with the Pokemon Go app. You cannot do both safely at the same time.
  • Do not trespass, go onto private property or into any area you usually, would not if you weren’t playing Pokemon Go.
  • Understand that people can use your location to lure you to “PokeStops” so they can victimize you.
  • Take a friend with you.
  • If you are a minor, check with a parent before going anywhere and tell an adult or law enforcement officer immediately if anything happens.

Parents of Pokemon Go players

  • Talk to your kids about strangers and set limits on where your kids go.
  • Be aware of third-party software apps claiming to enhance the gaming experience. Unfortunately, many of these apps allow access to sensitive personal data.
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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

Mom Who Killed Daughter Holding Baby Is Sentenced

In the final chapter to a heartbreaking story, a Florida mother was sentenced on yesterday (June 6) to serve 13 years in jail for fatally shooting her daughter a few days before Thanksgiving in 2013.

Adele Bing, 54, of Winter Haven, Florida, had been charged with second degree murder, shooting a deadly weapon, domestic violence with aggravated battery, and child neglect without great bodily harm. She entered a plea of guilty on May 25 to the lesser charge of manslaughter with a deadly weapon for the death of her daughter, 25-year-old Ruby Bing, and to aggravated battery (without firearm) on her boyfriend.

SEE: Mother Shoots Through Door, Kills Daughter Holding Baby

Adele Bing will receive credit for 270 days already served, and be on probation for 10 years after she is released.

Adele Bing
Adele Bing (Polk County Fla. Police booking photo)

On November 25th, 2013 Adele Bing had a fight with her boyfriend, during which she hit him in the head. Bing told police he left, telling her he’d be back to kill her. He instead went to a hospital for treatment of his injury.

While he was at the hospital, Adele Bing claimed she heard a banging and kicking at her apartment door, and, thinking it was the boyfriend, went to the door holding a baseball bat in one hand and a .22 caliber pistol in the other. At the door was her daughter, 25-year-old Ruby, who was holding Adele’s 4-month-old grandchild.

Ruby Bing (facebook photo)
Ruby Bing (facebook photo)

Bing told police that as she opened the door, the gun accidentally went off, hitting Ruby with a single shot to the chest. She died at the scene. Luckily, the baby wasn’t hurt. Police arrived to find Adele Bing cradling Ruby’s body, begging her to wake up.

She reportedly made a statement to police that it was a “f–up accident” and stated, “How can I look my grandkids in their face and say I killed their mother? Y’all can lock me away for good.”

This and other recent incidents underscore the importance of gun safety and dangers of approaching a door in supposed “fear” while holding a gun, and of banging on a door at night, heightening the likelihood that a deadly encounter or a self-defense incident may occur.

 

NBA Player Bryce Dejean-Jones Killed After Breaking Into Dallas Apartment

Bryce Dejean-Jones of the New Orleans Pelicans’ NBA team was shot and killed after an early morning break-in on Saturday, May 28, at a Dallas apartment he believed to be his girlfriend’s, when he startled a man he didn’t know, the Dallas Morning News reports. Under Texas self-defense laws the shooter likely won’t face any charges.

Dejean-Jones, a 23-year-old 6′ 6″ guard for the Pelicans, reportedly kicked open the front door of the unit in the Dallas apartment building, awakening a man who grabbed a handgun,“called out”, then fired when he got no answer and Dejean-Jones kicked the door to a bedroom. Dejean-Jones died later at a local hospital.

Although Dejean-Jones was not armed, the shooter would be justified, and likely won’t face any charges, this should not be considered a “stand your ground” case.

Texas self-defense laws provide immunity from liability for a personal injury or death resulting from the use of deadly force to a defendant who is found to be justified.

Bryce Dejean-Jones
Bryce Dejean-Jones

Just like virtually every other state, Texas uses Castle Doctrine as a basis, defined such that a person is allowed to use deadly force to defend himself inside his home, if “immediately necessary”. The person using deadly force must know or have reason to believe that the person against whom the force or deadly force was used unlawfully and with force entered, or attempted to enter the person’s home.

The stand your ground portion of the law allows deadly use of force with no duty to retreat outside the home, such as in a vehicle, or place of business or employment; or anywhere a person has a legal right to be.

In either case, the person using deadly force cannot be committing or attempting to commit certain serious crimes; cannot have provoked the person against whom the force or deadly force is used; and cannot be engaged in criminal activity. Texas law does not state that the person must feel threatened or in  fear for their life.

DeJean-Jones attended the University of Southern California and the University of Nevada, Las Vegas, then transferred to Iowa State. He joined the Pelicans as a free-agent rookie last year for his only NBA season (which ended early because of a broken right wrist), starting 11 of 14 games and averaging 5.6 points with 3.4 rebounds. He had recently signed a three-year, $2 million deal with the team. Read the full story at Dallas Morning News.

 

10 Infamous Quotes About Stand Your Ground Laws

Ever wondered what a certain person had said or who said what about stand your ground laws? Some statements against stand your ground laws made in the aftermath of the trial in Trayvon Martin’s death were very controversial, and overshadowed the tragedy itself. Here are a few notable – or infamous – memorable expressions:

 

PRESIDENT BARACK OBAMA
PRESIDENT BARACK OBAMA

“If Trayvon Martin was of age and armed, could he have stood his ground on that sidewalk?… when Trayvon Martin was first shot I said that this could have been my son. Another way of saying that is Trayvon Martin could have been me 35 years ago.”

 

FORMER U.S. ATTORNEY GENERAL ERIC HOLDER:
FORMER U.S. ATTORNEY GENERAL ERIC HOLDER

“It’s time to question laws that senselessly expand the concept of self-defense and sow dangerous conflict in our neighborhoods. These laws try to fix something that was never broken. There has always been a legal defense for using deadly force if no safe retreat is available. But we must examine laws that take this further by eliminating the common-sense, age-old requirement that people who feel threatened have a duty to retreat, outside their home, if they can do so safely. By allowing and perhaps encouraging violent situations to escalate in public, such laws undermine public safety.”

 

RELATED: Crazy Gun Laws That Put Our Lives at Risk

 

REP. DAVID GUTTENBURG
ALASKA STATE REPRESENTATIVE DAVID GUTTENBURG

“The law just allows people to go on the offensive…it doesn’t do what people think it does, and people will get the idea that they can shoot people wherever they want. I just think we went too far.”

 

FLORIDA SENATOR GERALDINE THOMPSON
FLORIDA SENATOR GERALDINE THOMPSON

“Florida has to fix this problem because Florida created this problem with the kind of law that we placed on the books, so we have to change the law or we are going to see more Trayvon Martins.”

 

Ohio State Rep. Alicia Reece
OHIO STATE REPRESENTATIVE ALICIA REECE 

“Stand your ground would do nothing but turn our state into the Wild, Wild West.”

 

FORMER MIAMI POLICE CHIEF TIMONEY
FORMER MIAMI POLICE CHIEF JOHN TIMONEY

“Whether it’s trick-or-treaters or kids playing in the yard of someone who doesn’t want them there or some drunk guy stumbling into the wrong house, you’re encouraging people to possibly use deadly physical force where it shouldn’t be used.”

 

Michael_R_Bloomberg
FORMER NEW YORK MAYOR MICHAEL BLOOMBERG

(photo credit: Rubenstein – originally posted to Flickr as Mayor Michael Bloomberg, CC BY 2.0 https://commons.wikimedia.org/w/index.php?curid=9652718)

“‘Shoot-first’ laws like those in Florida can inspire dangerous vigilantism and protect those who act recklessly with guns. Such laws – drafted by gun lobby extremists in Washington – encourage deadly confrontations by enabling people to shoot first and argue ‘justifiable homicide’ later.” 

 

IRAQ WAR VETERAN JON STOLTZ
IRAQ WAR VETERAN  JON STOLTZ

“These laws give anyone with a gun more permissive rules of engagement in America’s communities than our troops have on the battlefield.”

 

Stevie_Wonder
ENTERTAINER  STEVIE WONDER

“I decided today that until the Stand Your Ground law is abolished in Florida, I will never perform there again.”

 

RICHARD ESKOW
RICHARD ESKOW, AUTHOR

“The laws are also more permissive than 19th-century law, despite the fact that dueling remained legal until 1859, when most states outlawed it. Unlike Stand Your Ground, both parties in a duel were armed and had an equal chance of success. Duels were also voluntary, whereas a person who is shot under Stand Your Ground has no choice in the matter.”

 

 

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

As a bill that would expand the state’s stand your ground law stalled in the Senate, the South Carolina Supreme Court has asked legislators to clarify under what circumstances someone can claim self-defense if they kill a stranger or someone else in their home.

They also asked the state lawmakers to determine if all defendants deserve a stand your ground hearing before a trial.

standyourground

A bill that would shift the burden of proof in a stand your ground case to require prosecutors to prove there was no threat stalled in the state Senate on Thursday, May 19, when a subcommittee decided not to vote on it. The bill would essentially be an expansion of South Carolina’s existing “shoot first” stand your ground law.

Should the burden of proof shift from defendant to prosecutor, it would make it easier for a defendant to prove self-defense.