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DOOM arrested per CBS4

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  • DaFace
    replied
    Originally posted by ramanboy33 View Post
    Well, had the circumstance been that this women got out of her car, walked up to Dumervil's car, and vandalized it while he was behind the wheel, I imagine he could have remained in his car (Stood His Ground) and brandished his gun in an attempt to stop the vandalization, I highly doubt he would have found himself arrested or in violation of the law (although I imagine there is a handful of states in which that would still be illegal).

    But it seems, according to the witnesses, that he advanced upon her and threatened her with brandished guns sometime after she threw something at his car and had gotten back in hers. That's a completely difference set of circumstances.
    You guys are confusing all the stand your ground stuff pretty badly here. It only applies in the case of someone threatening someone's life. To make it clearer, if I came at your car with a can of spray paint and violently sprayed paint all over the place, there are no circumstances under which you could pull a gun and be in the clear.

    If I came at your car with a baseball bat, you might have an argument, but again, it has to do with fearing for one's life.

    Unless whatever they threw was something potentially deadly, stand your ground has absolutely nothing to do with this.

    Leave a comment:


  • ramanboy33
    replied
    Originally posted by MH Stampede View Post
    Let me put it this way...

    If I walked up to you in your car, keyed the side, you would be guilty of assault by showing me a gun and telling me to back off? And the fact that I keyed your car is completely irrelevant?

    Well, had the circumstance been that this women got out of her car, walked up to Dumervil's car, and vandalized it while he was behind the wheel, I imagine he could have remained in his car (Stood His Ground) and brandished his gun in an attempt to stop the vandalization, I highly doubt he would have found himself arrested or in violation of the law (although I imagine there is a handful of states in which that would still be illegal).

    But it seems, according to the witnesses, that he advanced upon her and threatened her with brandished guns sometime after she threw something at his car and had gotten back in hers. That's a completely difference set of circumstances.

    Leave a comment:


  • DaFace
    replied
    Originally posted by MH Stampede View Post
    If the vehicle is occupied, then it IS assault.

    And again, (and again) I am not defending Elvis acting stupidly by getting out of his car and then lying to the cop.

    I think at this point, you are just arguing to argue....
    We're getting into semantics here, but assault has to do with a threat - not physical contact. You can't assault an inanimate object.

    Leave a comment:


  • EddieMac
    replied
    Just a little fuel to this fire. This a a portion of a 2005 article when the castle doctrine was signed into law in Florida:

    Baxley's bill addresses three areas of self-defense: It codifies into law a long-standing assumption that a homeowner has the right to use deadly force against an intruder if he feels that his or his family's life is in danger; shields the homeowner from prosecution; and prevents the assailant from lodging future civil action against the homeowner.

    Secondly, it extends this right to protection of one's vehicle. Thirdly, persons attacked in any place outside the home where they have a legal right to be may also use force to defend themselves. This last measure is the most significant change because previous law dictated that a person has a "duty to retreat" from confrontation before he or she can use deadly force in a public space, meaning he or she has to try to flee an attacker first.
    It appears the defence of ones vehicle is covered by that law. Now we wait and see if this is applicable in this case.

    Leave a comment:


  • Peyton&Eli_fan
    replied
    Originally posted by DaFace View Post
    From a legal standpoint, that is 100% correct. I would go to jail. You would go home.

    In that case, your best course of action is to press charges for vandalism - not to pull out a gun.
    right. Showing a gun is threatening with a lethal weapon. In this case, you'd probably both be arrested, but the one who showed the gun would be in much more trouble.

    Leave a comment:


  • oklahomabronco
    replied
    I hope Doom doesnt get suspended over this crap

    Hopefully he is innocent of it...

    Leave a comment:


  • DaFace
    replied
    Originally posted by MH Stampede View Post
    Let me put it this way...

    If I walked up to you in your car, keyed the side, you would be guilty of assault by showing me a gun and telling me to back off? And the fact that I keyed your car is completely irrelevant?
    From a legal standpoint, that is 100% correct. I would go to jail. You would go home.

    In that case, your best course of action is to press charges for vandalism - not to pull out a gun.
    Last edited by DaFace; 07-16-2012, 03:15 PM.

    Leave a comment:


  • MH Stampede
    replied
    Originally posted by ramanboy33 View Post
    I've mentioned several times the report of the female driver throwing something at Dumervil's car. That's not an assault. Perhaps it's vandalism (if it was something like a rock) - perhaps simply littering (if it was something like a McDonald's cup). In either case, we have no information about any accusations, arrests, or charges against this women for throwing something.

    And her throwing something at his car is no justification (legal or moral) to then get out of your car, approach her as she's sitting in her car, and threaten her by brandishing a gun.
    If the vehicle is occupied, then it IS assault.

    And again, (and again) I am not defending Elvis acting stupidly by getting out of his car and then lying to the cop.

    I think at this point, you are just arguing to argue....

    Leave a comment:


  • MH Stampede
    replied
    Originally posted by Legion509 View Post
    When a Truck is honking a horn and coming down the road at you, don't worry its not really there. Keep telling yourself that. You wouldn't want to base your opinions or assumptions on a truck about to hit you. very very bad practice!
    If a truck is coming at me, I dont have to assume anything.

    Leave a comment:


  • MH Stampede
    replied
    Originally posted by Peyton&Eli_fan View Post
    You don't have the right to defend yourself with deadly force for a non-life threatening situation. Damage to your car is not life threatening.
    What is threatening or not, is a very subjective thing. What isn't threatening to me, might be to you.

    Now dont get me wrong here, Elvis getting out of his vehicle was stupid, as was lying to the cop.

    But lets not pretend that the "victims" here had absolutely nothing to do with how this incident played out.

    Leave a comment:


  • MH Stampede
    replied
    Originally posted by #87Birdman View Post
    You have the right to protect your property.
    Not according to several of these posters...

    Leave a comment:


  • MH Stampede
    replied
    Originally posted by DaFace View Post
    From a legal standpoint, brandishing a gun = acting aggressively. It doesn't matter what the other party did unless it was life threatening.
    Let me put it this way...

    If I walked up to you in your car, keyed the side, you would be guilty of assault by showing me a gun and telling me to back off? And the fact that I keyed your car is completely irrelevant?

    Leave a comment:


  • MH Stampede
    replied
    Originally posted by Legion509 View Post
    These kind of posts just blow me away, are you serious here? You throw and object at a car and that warrants gun usage in MIAMI? By two bodybuilders basically? against a Husband and wife? I now realize what is wrong with the world when i read stuff like that. You actually believe what you typed?

    Remember they already have the Zim case going. Its a big problem down there, they have about zero tolerance anymore with all the things happening in the world post 9/11. You gotta think man.
    Except I didnt say anything at all about Dumervil's reaction being warranted.

    Gotta love being vilified for something that is just made up out of the blue.

    Leave a comment:


  • ramanboy33
    replied
    Originally posted by dizzolve View Post
    Throwing something at a moving vehicle could result in multiple fatalities - not saying that then gives Doom some kind of right to go waving a gun around at least and firing it off at most. But- if tossing a plastic bag at someone's moving vehicle results in someone's death you're talking about some serious charges like vehicular manslaughter I'd imagine.

    All I'm saying is it's NOT such an innocent thing to throw ANYTHING at a moving car. I dunno exactly what the laws are but I guarantee if someone gets hurt - SERIOUS charges will come from it.
    The police report specifically indicates this incident happened when "traffic was at a standstill due to heavy vehicular traffic."

    Leave a comment:


  • dizzolve
    replied
    Throwing something at a moving vehicle could result in multiple fatalities - not saying that then gives Doom some kind of right to go waving a gun around at least and firing it off at most. But- if tossing a plastic bag at someone's moving vehicle results in someone's death you're talking about some serious charges like vehicular manslaughter I'd imagine.

    All I'm saying is it's NOT such an innocent thing to throw ANYTHING at a moving car. I dunno exactly what the laws are but I guarantee if someone gets hurt - SERIOUS charges will come from it.

    Leave a comment:

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