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Old Mar 7th, 2014, 10:56 PM   #1
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Florida man invokes ‘Stand your ground’ after shooting sheriff’s deputy

Florida man invokes ‘Stand your ground’ after shooting sheriff’s deputy



http://www.rawstory.com/rs/2014/03/0...eriffs-deputy/


By David Ferguson
Friday, March 7, 2014 13:00 EST

A Pensacola, FL court is set to decide on Friday whether 24-year-old Keenan Finkelstein is criminally liable for shooting a deputy sheriff in the leg in March of 2013. According to the Pensacola News-Journal, Finkelstein and his defense team are pinning their hopes on the controversial “Stand Your Ground” law.

On the night of March 20, 2013, Escambia County Sheriff’s Deputy Sgt. Shedrick Johnson and other police officers were searching on foot for a robbery suspect in the Scenic Hills area of Pensacola. A robbery victim told police that someone from a home located on the 8800 block of Burning Tree Road had stolen marijuana and a handgun from his residence.

Police converged on the home and saw Finkelstein — who was not the subject the police were searching for — emerge from the house’s garage. Sgt. Johnson said that he emerged from a hiding place behind a tree and identified himself as a sheriff’s deputy.

Finkelstein produced a gun and fired, striking Johnson in the leg.

Finkelstein’s attorney Brandon Moros is arguing along with his client that Johnson emerged from the shadows without identifying himself and that Finkelstein fired in self-defense. Moros contends that Finkelstein’s actions were justified under “Stand Your Ground.”

Witness testimony is expected to last through the day on Friday. Judge Terry Terrell will then decide whether to drop charges against Finkelstein or allow his case to proceed to a criminal trial.
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Old Mar 7th, 2014, 11:07 PM   #2
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Re: Florida man invokes ‘Stand your ground’ after shooting sheriff’s deputy

This was bound to happen, soon or later.
It is only up to the person claiming Stand Your Ground defense to make a judgment whether his/her life was in danger or not.

I am not sure if the law makes an exception for alleged aggressor if s/he is law enforcement officer.

It it does not, and Finkelstein fears for his life, then that is that matters.
It is his words only words.
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Last edited by tennisbum79 : Mar 7th, 2014 at 11:16 PM.
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Old Mar 7th, 2014, 11:09 PM   #3
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Re: Florida man invokes ‘Stand your ground’ after shooting sheriff’s deputy

It was only a matter of time. Maybe THIS will get the attention of the higher ups when it involves one of their own...hmmm?
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Old Mar 8th, 2014, 07:12 AM   #4
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Re: Florida man invokes ‘Stand your ground’ after shooting sheriff’s deputy

Quote:
Originally Posted by tennisbum79 View Post
This was bound to happen, soon or later.
It is only up to the person claiming Stand Your Ground defense to make a judgment whether his/her life was in danger or not.

I am not sure if the law makes an exception for alleged aggressor if s/he is law enforcement officer.

It it does not, and Finkelstein fears for his life, then that is that matters.

It is his words only words.
Well...no.

SYG only removes the duty to retreat assuming a safe avenue exists and assuming they're legally entitled to a self-defense claim. He (NOT the state in this hearing) would have to prove that he objectively and subjectively believed his life was in danger. He'd have to prove the officer didn't identify himself, that he was dressed in plain clothes and there was nothing to indicate that he was a LEO and that Johnson had a gun and was about to fire.

Anything less means no self-defense and subsequently no SYG.

To make matters worse, it has to be more than his testimony. It's self-serving and isn't very strong on it's own. The only other witnesses (other LEO's) will probably back up Johnson's claim that he did identify himself.

That's what Marissa's problem was during her SYG trial. SHE had to prove her self-defense claim rather than the state having to disprove her claim. and the only thing she really had was her own testimony. There wasn't much she could offer to prove that she met the criteria for self-defense. ergo SYG was out of the question.


EDIT: Bombshell...he lost.

Quote:
A man charged with shooting an Escambia County Sheriff’s deputy last year will not be able to use the state’s controversial Stand Your Ground law to dismiss those charges, Circuit Judge Terry Terrell ruled today after a two day hearing.

Keenan Finkelstein, 24, attempted to use Stand Your Ground law as a defense for shooting Sgt. Shedrick Johnson in the leg outside a home in Scenic Hills March 20, 2013. Minutes prior to the shooting, Finkelstein consumed alcohol and marijuana inside the home with Jonathan Chappell, 24, a robbery suspect that deputies were actively searching for.

Judge Terrell ruled today that Finkelstein’s motion would be denied because he had reasonable notice at minimum that law enforcement officers might respond to the house in search of Chappell. Finkelstein was aware that the robbery had occurred.

Revealing evidence that had yet to be addressed by the prosecution or defense, Judge Terrell said he based his decision on a phone call made to Chappell from the man he robbed earlier in the day. Judge Terrell said during the conversation, it was made clear to Chappell that law enforcement officers had been notified of the robbery.

Judge Terrell cited the language of the Stand Your Ground law, which states that a person may not use deadly defensive force in the fear of death or great bodily harm if they knew or reasonably should have known that the person they attacked was a law enforcement officer.

Finkelstein will face trial either April 7 or 14, Judge Terrell said.

Last edited by 2notrump : Mar 8th, 2014 at 07:39 AM.
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Old Mar 8th, 2014, 07:37 AM   #5
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Re: Florida man invokes ‘Stand your ground’ after shooting sheriff’s deputy

Gun culture and SYG. They're going to run and run until the Government dare tackle them and people face up to the consequences of them.
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Old Mar 8th, 2014, 02:10 PM   #6
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Re: Florida man invokes ‘Stand your ground’ after shooting sheriff’s deputy

" Keenan Finkelstein" ?? Really? That name is just . . .classic.
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