Brandished firearm escalated argument ?; CHP holder arrested

[BenCarp27]

My question based upon the description provided:

So the victim yells at the CHP, begins a physical struggle with the CHP, and gets shot.

And the Concealed Handgun Permitee is (innocent until proven guilty) assumed to be the bad guy? I agree that this is a sad situation, but am I the only one who thinks the "victim" behaved very poorly here?

The two men exchanged words in a confrontation in a public park. That's a public disturbance, disturbing the peace, or whatever terminology Florida uses. It's a crime.
The CHP at that point is involved in the commission of a crime, plain and simple. He could have avoided the circumstance all together, or after it started, he could have walked away, WITHOUT turning back around to get the last word. If he carried a weapon to defend or protect himself, fine. But, remember that the best protection is avoidance. Avoidance isn't always possible, but it was here.
Saying he had a right to fire here just isn't so. He started the confrontation. It would be like saying an armed robber has the right to kill the store clerk in self defense because he tried to wrestle his gun away, and he feared the store clerk would kill him if he did.
I'm not saying that the victim was a model citizen, or that he didn't use a few choice words. But he didn't pose a threat until Dooley placed himself in the situation.
He may not have gone there with the intent to kill, but his actions led to a situation in which it happen. Hence, the manslaughter charge.

 

[LongGoneDays]

You were being facetious right?

A wee bit.

 

[Doug.38PR]

hmmmm....I'm sorry James was killed. But I do wonder what he said to Dooly.

I can think of 2 reasons why Dooly might not have been arrested immediately
1) it was a white guy vs. a black guy and the authorities are afraid of so-called Civil Rights and so-called black interest groups and didn't want to upset them

or

2) James said (and testimony backed it up) something to Dooly as he walked away to the effect of "I'm going to take that gun away and kill you with it"

 

[Gus McCrae]

had he pulled a gun on me in that same situation, I would have done my dead level best to relieve him of it or stop him in whatever manner I could as I WOULD be threatened!

This could get you shot and/or killed.

 

[Yrdawg]

All right. We get it. You hate Open Carry. Noted.

BUMP


I heard the Grand Jury said OC caused this whole confrontation and what followed...USAG Holder picked up on this and said OC will no longer be allowed in the US

but maybe my cousin was making it up

 

[herohog]

This could get you shot and/or killed.

So could doing nothing. Also, my best might be to beg for mercy and live to walk away. HOWEVER, if there is a chance I can disarm the guy, I'll take it. Yes, I could lose but sometimes fighting back IS the right thing to do. It all depends on the exact situation. I HAVE been there and I HAVE disarmed someone before. Ya just don't know what you will do until you HAVE to make a decision. At that point, it's all up to you and what you think is in your best interests and within your ability.