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-   -   Stand Your Ground Defense Fails Again (http://www.firearmstalk.com/forums/f97/stand-your-ground-defense-fails-again-90991/)

Doc3402 05-20-2013 09:44 PM

Stand Your Ground Defense Fails Again
 
Personally, I think this case reeks. I can't tell you why yet without ruining the story.

Quote:

A Jacksonville man who almost went free on a Stand Your Ground law claim will spent 10 years in prison for a fatal street fight shooting when he was 16.

On Monday, Circuit Judge Adrian G. Soud sentenced Quintavis Sermond Seay, now 20, for the manslaughter of 20-year-old Jeremy Ervin Godboldt in 2009. Under a plea agreement between Seay’s lawyers and prosecutors, Soud had the discretion of sentencing Seay to anywhere from five to 15 years.
Link To Story

MisterMcCool 05-20-2013 11:09 PM

Witnesses said the fight had ended before the boy produced the weapon and shot at the gang. The threat had ended and he was no longer in danger of peril.

Doc3402 05-20-2013 11:28 PM

Quote:

Originally Posted by MisterMcCool (Post 1252885)
Witnesses said the fight had ended before the boy produced the weapon and shot at the gang. The threat had ended and he was no longer in danger of peril.

Close, but you're not quite there. Admittedly, I do have an unfair advantage because I live in the same city. Let's just say the injuries were not consistent with a retreating individual. I believed the science at the time, and I still do. Witnesses can be very unreliable. Unfortunately for the kid the judge is ignorant of the science involved, or he may have doubted the witness testimony, too.

No, what gets me is that Swing'em Soud said he was "razor close" to granting the S-Y-G defense, but later he splits the difference on sentencing because of the kids age at the time of the crime. This kid has already served 3 years for something he did as a juvenile. Add in that what he did was a reaction to a fight that was brought to him, and in reality, had nothing to do with him. Why not give him the minimum 5 years with time served if it was that close a call on S-Y-G?

In case you're wondering, our judges are elected, and "They're Tough On Crime"

Fathead00 05-20-2013 11:42 PM

Did anything happen to the kids that beat the other guy unconcious?

DrumJunkie 05-20-2013 11:46 PM

SYG is great on paper but you're going ot have trouble with the expert testimony dependent on the judge and opinions of a jury. sure, it's not supposed to be that way but it is what it is. The laws are pretty close here too but they still pretty much have to be in your house. We did have a gas station clerk that was acquitted after he chased the robber out of the store and shot him though. Ky is still pretty gun friendly but the times they are a changin' in the bigger cities.

Sounds in this case though the guy took a deal. That probably was his mistake.

TekGreg 05-20-2013 11:46 PM

The fact that he had no right to be carrying the weapon that he used would make me nullify the SYG defense, if I were on the jury. Had he killed him with something legal to a 16-year-old (brick, knife, broom, etc), then I would allow it. The defense is kind of "fruit of the poisonous tree," I.e. You can't be justified in defending yourself under SYG when the weapon used is illegal. Also, his attackers didn't allow him to retreat when they attacked him from behind. Anyone else have a thought on this?

It brings up an interesting point for those of us who are legally allowed to possess a firearm: WHEN is the threat serious enough to produce your weapon, fired of not? This guy was jumped from behind by three attackers, so therefore could've drawn and fired immediately (most states have laws regarding "overwhelming numbers" of attackers, allowing armed defense even if the attackers are not armed. The number does vary by state.).

Doc3402 05-20-2013 11:46 PM

Quote:

Originally Posted by Fathead00 (Post 1252952)
Did anything happen to the kids that beat the other guy unconcious?

You know, that didn't get a lot of airtime. I'll try to get an answer for you.

MisterMcCool 05-20-2013 11:52 PM

Quote:

Originally Posted by TekGreg
You can't be justified in defending yourself under SYG when the weapon used is illegal. Anyone else have a thought on this?

He was not charged with possession of an illegal weapon. He was charged with murder. If possession was the issue, then that is what should have been addressed.

Doc3402 05-20-2013 11:59 PM

Quote:

Originally Posted by MisterMcCool (Post 1252967)
He was not charged with possession of an illegal weapon. He was charged with murder. If possession was the issue, then that is what should have been addressed.

Technically, the charge he was sentenced on was manslaughter, a much lesser crime here in Florida. Anyway, you're right on the gun charge unless it was buried as part of the deal.

HockaLouis 05-21-2013 12:51 AM

Ooo..., McCool, you're gonna take that from him?


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