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Posted: 8/10/2014 5:02:24 AM EDT
[Last Edit: 8/10/2014 5:02:41 AM EDT by AJ-IN-JAX]
This is interesting.

Appears these were two FINE upstanding citizens, but what's interesting is what the State's Attorney said.

http://www.ocalapost.com/wal-mart-parking-lot-shooting-no-charges/

Ocala, Florida — No charges for Colt Thriemer, 20, for the shooting death of Thomas James Brown, 21.
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The State Attorney’s Office said Thriemer is protected by the "Stand Your Ground” law.

The shooting took place on July 9, 2014.

According to a very detailed e-mail sent to Ocala Post, friend Stephanie Torres stopped by Wal-Mart at the request of Brown because he thought Thriemer would be there.

While at Wal-Mart, Brown was speaking with Thriemer when Torres said she saw Brown punch Thriemer in the face.

During the dispute, Brown reportedly told Thriemer that he had a gun and he was not afraid to use it.

Officials said on the night of the shooting, witnesses reported Brown had told Thriemer that [he] had a gun and then demanded money.

According to the e-mail, Torres told detectives that Thriemer then reached into his truck, pulled out a gun, and shot Brown. When Brown turned around, Thriemer continued to shoot. According to the unnamed source, at least nine (9) more shots were heard being fired.

At the time of the shooting, detectives would not say if Brown was armed, however, sources say he was not. Sources also indicate that majority of the shots were fired into Brown’s back – some were fired while Brown was already on the ground.

Assistant State Attorney Amy Berndt noted, "The stand your ground statute makes no exception from the immunity because Brown may have been walking away from Thriemer at the time the deadly force was used. The stand your ground law does not require Thriemer to wait until Brown in fact retrieved a gun before he fired. Under the current state of the law and the facts of this case, Thriemer was legally allowed to use deadly force based on a reasonable belief that his life was in danger and that he was about to become the victim of an armed robbery.”

...
Reportedly, the dispute was over money that Thriemer owed to Brown.

The e-mail describes both men involved as nice, positive, and funny guys.

An eight page report obtained by Ocala Post outlines the reason behind the State Attorney’s decision.

The report states, that on the night Brown was shot, he "sought out Thriemer and physically attacked him. All of the evidence clearly supports a reasonable belief by Thriemer that his life was in imminent danger, giving Thriemer immunity from criminal prosecution.”

The report also states, "all of the evidence supports a reasonable belief that Brown was about to arm himself in an attempt to obtain money from Thriemer. The use of deadly force to prevent this forcible felony is also justified by the statue.”

The following was noted in the report: "An addiction to crack cocaine, as well as a drug debt, apparently caused him to become increasingly violent, aggressive and threatening, and ultimately led to his death.”


Here's another story on the case with more info. http://www.ocala.com/article/20140730/ARTICLES/140739990
Link Posted: 8/10/2014 5:07:17 AM EDT
http://www.ocala.com/article/20140730/ARTICLES/140739990
The night of the shooting, officials at the scene were told that Brown and Thriemer saw each other. One of Thriemer's friends said Brown told Thriemer that he had a gun in his truck and demanded that Thriemer give him his money, the report states.

Witnesses said Brown punched Thriemer twice in the face and Thriemer didn't "fight back." Some witnesses said Thriemer was punched only once.

Thriemer's friend said that after the punch, Thriemer told Brown he should "cut this out" and said "we used to be friends." Thriemer said Brown told him "I have a gun in the truck and I'm not afraid to use it," according to the report.

At that time, Brown walked toward his truck.

Thriemer told authorities he believed Brown was going for a gun so he reached into his own vehicle, took out a 9mm and fired at Brown, the report states.

...


Authorities did not recover a gun from Brown's vehicle.


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Link Posted: 8/10/2014 5:42:41 AM EDT
Sounds like a good shoot.
Link Posted: 8/10/2014 6:00:11 AM EDT
Link Posted: 8/10/2014 6:11:43 AM EDT
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Originally Posted By VA-gunnut:
Florida
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Always.
Link Posted: 8/10/2014 6:15:33 AM EDT
Sounds like another "When Idiots Collide: Florida Edition" episode.
Link Posted: 8/10/2014 6:15:48 AM EDT
Good shoot.
Link Posted: 8/10/2014 6:18:23 AM EDT
yet GZ got a HUGE trial for shooting once into a person actively beating the shit out of him
Link Posted: 8/10/2014 6:35:45 AM EDT
Don't bring an imaginary gun to a gun fight.
Link Posted: 8/10/2014 6:39:15 AM EDT
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Originally Posted By stlyns:
Don't bring an imaginary gun to a gun fight.
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Agree. Don't even mention or brandish a gun unless you're going to use it too.
Link Posted: 8/10/2014 6:46:04 AM EDT
I think a member here started a thread on this a while back because he knew of one of the guys.
Link Posted: 8/10/2014 7:12:51 AM EDT
Thriemer told authorities he believed Brown was going for a gun so he reached into his own vehicle, took out a 9mm and fired at Brown, the report states.
View Quote


I suppose jumping into your car (since you're already there) and leaving is too much to do?

Shoot ONLY when NOT SHOOTING is worse. Just because you can shoot doesn't mean it's the best option.
Link Posted: 8/10/2014 7:19:45 AM EDT
[Last Edit: 8/10/2014 7:24:38 AM EDT by Top_Secret]
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Originally Posted By VA-gunnut:
Florida
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Link Posted: 8/10/2014 7:23:58 AM EDT
Link Posted: 8/10/2014 7:27:55 AM EDT
[Last Edit: 8/10/2014 7:31:10 AM EDT by Miami_JBT]
784.011 Assault.
(1) An "assault” is an intentional, unlawful threat by word or act to do violence to the person of another, coupled with an apparent ability to do so, and doing some act which creates a well-founded fear in such other person that such violence is imminent.
(2) Whoever commits an assault shall be guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.

784.021 Aggravated assault.
(1) An "aggravated assault” is an assault:
(a) With a deadly weapon without intent to kill; or
(b) With an intent to commit a felony.
(2) Whoever commits an aggravated assault shall be guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

784.03 Battery; felony battery.
(1)(a) The offense of battery occurs when a person:
1. Actually and intentionally touches or strikes another person against the will of the other; or
2. Intentionally causes bodily harm to another person.
(b) Except as provided in subsection (2), a person who commits battery commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.
(2) A person who has one prior conviction for battery, aggravated battery, or felony battery and who commits any second or subsequent battery commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s.775.084. For purposes of this subsection, "conviction” means a determination of guilt that is the result of a plea or a trial, regardless of whether adjudication is withheld or a plea of nolo contendere is entered.

784.045 Aggravated battery.
(1)(a) A person commits aggravated battery who, in committing battery:
1. Intentionally or knowingly causes great bodily harm, permanent disability, or permanent disfigurement; or
2. Uses a deadly weapon.
(b) A person commits aggravated battery if the person who was the victim of the battery was pregnant at the time of the offense and the offender knew or should have known that the victim was pregnant.
(2) Whoever commits aggravated battery shall be guilty of a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
Link Posted: 8/10/2014 7:34:58 AM EDT
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Originally Posted By JellyBelly:


I suppose jumping into your car (since you're already there) and leaving is too much to do?

Shoot ONLY when NOT SHOOTING is worse. Just because you can shoot doesn't mean it's the best option.
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Originally Posted By JellyBelly:
Thriemer told authorities he believed Brown was going for a gun so he reached into his own vehicle, took out a 9mm and fired at Brown, the report states.


I suppose jumping into your car (since you're already there) and leaving is too much to do?

Shoot ONLY when NOT SHOOTING is worse. Just because you can shoot doesn't mean it's the best option.


OTOH...

Run away, and he's probably just going to show up again at some later point, when you're less prepared, and start the same shit again.

Except with a weapon instead of a bluff.

Apparently the state attorney's office agrees with this assessment...It is Ocala, after all. Sort of an eastern version of Texas, basically.
Link Posted: 8/10/2014 7:38:17 AM EDT
[Last Edit: 8/10/2014 7:38:57 AM EDT by Sean124]
Discussion ForumsJump to Quoted PostQuote History
Originally Posted By JellyBelly:


I suppose jumping into your car (since you're already there) and leaving is too much to do?

Shoot ONLY when NOT SHOOTING is worse. Just because you can shoot doesn't mean it's the best option.
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Originally Posted By JellyBelly:
Thriemer told authorities he believed Brown was going for a gun so he reached into his own vehicle, took out a 9mm and fired at Brown, the report states.


I suppose jumping into your car (since you're already there) and leaving is too much to do?

Shoot ONLY when NOT SHOOTING is worse. Just because you can shoot doesn't mean it's the best option.


If you truly believe someone is going for a gun, it's already too late to just get it your car and drive away. He used the opportunity to get a jump on the guy. The exact opposite could have happened if he starts trying to get it his car and drive off.

I have no problem with this. Don't assault people and you're far less likely to get shot.
Link Posted: 8/10/2014 7:42:11 AM EDT
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Originally Posted By VA-gunnut:
Florida
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AKA
Dodge City
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