Interesting Stand Your ground immunity case in FL....Killed while walking to get gun.

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[ARCHIVED THREAD] - Interesting Stand Your ground immunity case in FL....Killed while walking to get gun.

Posted: 8/10/2014 5:02:24 AM EDT

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

Posted: 8/10/2014 5:07:17 AM EDT

[#1]

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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Posted: 8/10/2014 5:42:41 AM EDT

[#2]

Sounds like a good shoot.

Posted: 8/10/2014 6:00:11 AM EDT

[#3]

Florida

Posted: 8/10/2014 6:11:43 AM EDT

[#4]

Quote History

Quoted:
Florida

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Always.

Posted: 8/10/2014 6:15:33 AM EDT

[#5]

Sounds like another "When Idiots Collide: Florida Edition" episode.

Posted: 8/10/2014 6:15:48 AM EDT

[#6]

Good shoot.

Posted: 8/10/2014 6:18:23 AM EDT

[#7]

yet GZ got a HUGE trial for shooting once into a person actively beating the shit out of him

Posted: 8/10/2014 6:35:45 AM EDT

[#8]

Don't bring an imaginary gun to a gun fight.

Posted: 8/10/2014 6:39:15 AM EDT

[#9]

Quote History

Quoted:
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.

Posted: 8/10/2014 6:46:04 AM EDT

[#10]

I think a member here started a thread on this a while back because he knew of one of the guys.

Posted: 8/10/2014 7:12:51 AM EDT

[#11]

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.

Posted: 8/10/2014 7:19:45 AM EDT

[#12]

Quote History

Quoted:
Florida

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Posted: 8/10/2014 7:23:58 AM EDT

[#13]

Stupid kids.

Posted: 8/10/2014 7:27:55 AM EDT

[#14]

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.

Posted: 8/10/2014 7:34:58 AM EDT

[#15]

Quote History

Quoted:

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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Quote History

Quoted:

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.

Posted: 8/10/2014 7:38:17 AM EDT

[#16]

Quote History

Quoted:

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.

View Quote View All Quotes

View All Quotes

Quote History

Quoted:

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.

Posted: 8/10/2014 7:42:11 AM EDT

[#17]

Quote History

Quoted:
Florida

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AKA
Dodge City

[ARCHIVED THREAD] - Interesting Stand Your ground immunity case in FL....Killed while walking to get gun.

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