Archive for the ‘Stand Your Ground Law’ Category

Trump campaigns where Trayvon Martin died – NJ TODAY

President Donald Trumpis taking his campaign and the coronavirus to the Florida city where in 2012 the shooting of Trayvon Martin made headlines.

Trumps campaign Friday said the president will appear at 7 p.m. at Orlando Sanford International Airport.

The event will come 10 days after his originally scheduled rally was canceled because he and First Lady Melania Trump received a diagnosis of COVID-19.

The rally will come a little more than three weeks before the Nov. 3 election, with Trump widely viewed as needing to win Florida if he is going to win re-election.

The location is intended to signal Trumps most controversial supporters in the white supremacy movement as well as the one Hispanic group that Trump is doing well with: Cuban-Americans.

George Zimmerman, a 28-year-old man of mixed race, followed, provoked a physical altercation with and then fatally shot Martin, an unarmed 17-year-old African-American high school student whose father lived in the neighborhood.

Zimmerman was told to stop following Martin when he reported his suspicions to the Sanford Police Department but he was not charged at the time.

Police said there was no evidence to refute Zimmermans claim of self-defense, and that Floridas stand your ground law prohibited them from arresting him.

After national media focused on the incident, Zimmerman was eventually charged and tried, but a jury acquitted him of second-degree murder and manslaughter in July 2013.

Following Martins death, rallies, marches and protests were held across the nation.

A petition calling for a full investigation and prosecution of Zimmerman garnered 2.2 million signatures and media coverage surrounding Martins death became the first story of 2012 to be featured more than the presidential race, which was underway at the time.

A task force eventually recommended against repealing the stand-your-ground law, saying that Florida residents had a right to defend themselves with deadly force without a duty to retreat if they feel threatened.

In July 2013, a movement opposing the frequent injustice resulting from the death of African Americans began with the use of the hashtag #BlackLivesMatter on social media after the acquittal of Zimmerman.

Trump comes to Sanford today bringing nothing but reckless behavior, divisive rhetoric, and fear mongering, said Vice President Joe Biden. But, equally dangerous is what he fails to bring: no plan to get this virus that has taken the lives of over 15,000 Floridians under control, no plan to protect Floridians health care amid his attacks against the ACA, and certainly no plan to mitigate the economic impact the pandemic is having on families across Central Florida.

Trump has been criticized for downplaying the dangers of COVID-19, including taking his mask off after arriving back at the White House to film a campaign ad and working at the Oval Office during the week despite still being infectious.

Thousands of workers across this state were required by their employers, rightfully so, to show a COVID negative test before they return to work, said Florida state Rep. Carlos Guillermo Smith. Why? Because we dont want to spread a deadly virus that will get people killed. And Donald Trump wont show us that hes COVID negative?

At least 29 people connected with the White House have been infected, including White Huse staff, journalists, housekeeping staff and debate preparation partners.

The Centers for Disease Control and Prevention recommends that people with COVID-19 refrain from being around others for 10 days after symptoms first appear, including 24 hours with no fever without the use of fever-reducing medications.

Critics have also rebuked Trump for holding large, sometimes indoor rallies amid the pandemic, including an event in Tulsa in June that local health officials said contributed to a spike in coronavirus cases.

At least nine cases have been linked to a Minnesota rally from mid-September, including two hospitalizations and one in intensive care.

U.S. Rep. Darren Soto, D-Orlando, agreed, saying Hispanic support for Trump particularly among Puerto Ricans is abysmal, and any claim by the Trump campaign to the contrary is simply untrue.

They have to be kidding themselves, said Soto, who is Puerto Rican. Trump failed our island in ways that have left an indelible scar on the souls of Puerto Ricans. He also opposes statehood, while Biden supports statehood.

Every other nation has shown they were able to handle it better than the U.S., said Cecelia Gonzalez, a 21-year-old woman whose family moved to Florida from Venezuela. The U.S. has the best resources for health and economy and we have the highest mortality rate. As an immigrant, I feel devastated.

She said Trumps lack of concern for the physical and economic health of the country mirrors his lack of concern for the environment another important issue for Hispanics, she said.

I want a sustainable planet where I can breathe and drink the water and go for a walk, she said. The way president Trump is handling it, I dont think Im going to have a sustainable planet where I can raise my kids.

Patty Mahany, one of the citys commissioners who became well known for vocally defending the citys police chief when it came to the controversial handling of Martins case and a 2016 Trump voter, said she planned to vote for Democratic presidential candidate Joe Biden.

It could be absolutely fine, nothing could happen, Mahany said of the rallys likely crowd. Or it could end up a superspreading event.

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Trump campaigns where Trayvon Martin died - NJ TODAY

Will Kenneth Walker face more charges now that LMPD has released their public integrity investigation? – WHAS11.com

"I don't understand at all why they would be knocking on her door unless it was a mistake," Kenneth Walker said during his interview the night of the shooting.

LOUISVILLE, Ky. Nearly five months ago, the commonwealth's attorney Tom Wine, dismissed charges of attempted murder of a police office without prejudice against Kenneth Walker. That means Walker could be charged again as more facts are released.

Just a few days ago, LMPD released their public integrity unit's investigation to the night Breonna Taylor was killed. Thousands of pages of documents and hours of video, take us minute by minute through the aftermath of the shooting. But there is still no video evidence of what happened before she was killed.

"I don't understand at all why they would be knocking on her door unless it was a mistake," Kenneth Walker said during his interview the night of the shooting.

Videos like this interview with Walker, are part of the thousands of pages, and hours of videos released. Wine's office says they will not be making any decisions on further charges until they review all of that material, or until the FBI and other federal agencies complete their investigations.

The lengthy report also cites text messages alleging that Walker was trafficking marijuana and prescription medication in the months prior to the shooting.

Walker's attorney Steve Romines sent this statement:

"It is both pathetic and unsurprising as it completely consistent with the coverup that began that night and continues up to today. And it reflects the fact that several months into the investigation of Breonna Taylors death, LMPD is more interested in including unsupported allegations to smear Kenny Walker than it is in actually finding the truth and charging anyone for her murder. The only thing surprising is they did not claim that they confirmed this information with the US postal inspector as well."

Walker recently filed a lawsuit seeking compensation from the city and LMPD, and immunity under Kentucky's stand your ground law. That protects anyone acting in self defense.

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Will Kenneth Walker face more charges now that LMPD has released their public integrity investigation? - WHAS11.com

Breonna Taylor’s Boyfriend Argues ‘Stand Your Ground’ Law In New Lawsuit, Seeks Immunity from Possible Charges Related to Warning Shot He Fired At…

Kenneth Kenny Walker, boyfriend of Breonna Taylor, is suing for immunity from charges related to the warning shot he fired during the botched police raid that left the 26-year-old Louisville, Kentucky, woman shot to death in her apartment this past March.

Walkers legal team filed a lawsuit against several parties on Tuesday, reported WLKY. The defendants include state Attorney General Daniel Cameron, Louisville Mayor Greg Fischer, 13 Louisville police officers, former police Chief Steve Conrad and interim police Chief Rob Schroeder, and the Louisville metro government.

Taylor died in March after Louisville Metro Police stormed her apartment. The police showed up to the apartment around midnight to execute a no-knock warrant related to a drug case surrounding Taylors ex-boyfriend, Jamarcus Glover.

On Monday, WDRB reported a plea deal offered to Glover named Taylor as a co-conspirator in his organized crime syndicate. It was widely reported the admission would give him a shot at freedom but Scott Barton, Glovers lawyer, told NPR that wasnt true. Every deal presented to Glover included a 10-year prison sentence but the lawyer noted his client immediately rejected anything with her name in it.

It wasnt like there was an incentive Barton stated. Like if Glover puts her name in there, then well give you a better deal. It was the same deal regardless.

Taylor and Walker were in bed watching a movie when the police arrived at the apartment complex. When they heard someone at their door, the court papers state, Taylor asked who was at the door three times but she did not receive a response.

The couple started walking out of the bedroom when the front door flew open in the darkness, the lawsuit read. Kenny immediately reacted by firing a single shot to scare away the intruder or intruders.

One officer was hit in the leg and the police responded with gunfire. Taylor was hit five times but Walker was unharmed. He was taken into police custody and charged the next day with attempted murder. The charges were later dropped without prejudice, meaning there is a possibility Walker could be charged again.

The lawsuit argues Walker had a right to fire his weapon under Kentuckys stand your ground law, which protects all Kentuckians who seek to protect themselves of loved ones in self-defense. Kentuckians have no duty to retreat or submit to force.

Walker and his attorneys announced the lawsuit during a news conference on the day of the filing.

I was raised by a good family. I am a legal gun owner and I would never knowingly shoot at a police officer, he said during the conference.

Walker believes the police charged him with attempted murder to silence me and cover up Breonnas murder.

For her and those that I love, I can no longer remain silent, he added.

Steven Romines, one of Walkers lawyers, tied the Glover deal to Walkers plight.

It is still six months later, and theyre trying to determine what happened in that apartment. They arrested Kenny for what they say happened after about three hours, Romines said. The reason why is because that fit their narrative and using the criminal justice system to try to justify shooting of Breonna Taylor is what this complaint is about. And were watching it in real time every day. What we saw yesterday with the Glover plea is the same thing.

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Breonna Taylor's Boyfriend Argues 'Stand Your Ground' Law In New Lawsuit, Seeks Immunity from Possible Charges Related to Warning Shot He Fired At...

Georgia Supreme Court to hear case of mentally ill man Tased to death – Georgia Recorder

On a blisteringly hot day in July2017, Helen Gilbert called 911 in Washington County, halfway between Macon and Augusta. She was worried about her brother, Eurie Martin.

Im concerned about him being out in all that weather, Gilbert told a 911 dispatcher. She sounds near tears.

Now where hes going to, I have no clue, Gilbert said.

It turns out Martin was on a 30-mile walk from Milledgeville to Sandersville.

Gilbert told the dispatcher Martin had a history of mental illness and was well past 50 years old. She wanted someone to find him and help him.

But unbeknownst to Gilbert, she called too late. Several minutes earlier, someone else had already called the authorities about Martin, and that call had led to his death.

Case tests law enforcement use of stand your ground

The legal path following Martins death has led to a hearing before the Georgia Supreme Court, a hearing that could have important implications for how police officers are held accountable when they kill while on the job. At issue is how Georgias stand your ground law applies to law enforcement.

Martins thirst in the over 90 degree heat had caused him to stop on the outskirts of the town of Deepstep, which bills itself as The Heart of Kaolin at the city limits in honor of the clay mining industry that sustains a handful of east Georgia communities.

There, Cyrus Harris was cutting grass in front of his home, across the road from a chalk white and red kaolin pit, when Martin asked to fill the Coke can hed cut in half to use as a cup with water from Harris spigot.

He just walked right up in my yard. I dont see no car, I dont see nothin, Harris told a 911 dispatcher.

I told him to get out, Harris said.

Harris knew nothing about Martins history of mental illness. All he knew, he said, was that he was afraid for his wifes safety and that the thirsty Black man in his yard was filthy. Because of that call, when Washington County sheriffdeputies arrived, they were looking for a suspicious person.They apparently had no knowledge of Martins mental illness, either.

The 911 calls of Gilbert and Harris, dashcam video plus cell phone video made by passersby were presented as evidence against Washington County sheriff deputies Henry Copeland, Michael Howell and Rhett Scott who would eventually face murder charges in Martins death.

The video showsthat once the deputies found Martin just inside the city limits of Deepstep, he ignored them until one of them deployed a Taser to slow him down.He tore the electrical contacts from his bodyand walked on. Up the road he was surrounded by all three deputies and tased again until he was handcuffed.

This time Martin did not get up.

Dashboard video taken soon after shows Martin face down in the grass, his hands cuffed behind his back, motionless. Martin had been tased for over a minute and a half total.

We had to tase some Hes a Black male, Deputy Copeland told a superior over the radio.

We dont know his name yet. He was acting crazy.

It was five minutes after Copeland called his superior before anyone realized Martin wasnt breathing, another four minutes or so after that before CPR was administered by an EMT.

Martin died in the grass on the side of Deepstep Road. In Washington County, parallels were drawn to Martins death and the killing of other Black men by police, like Eric Garner who died face down on a New York City street.

In Martins case, though, murder charges were brought immediately. The deputies were also fired shortly after the killing forviolating several department procedures.

The first indictment was tossed on a technicality. In the second, the defense argued in a pretrial hearing the deputies should be immune from prosecution.In late 2019, a Superior Court judge granted that immunity.

This immunity that theyre talking about here is immunity from criminal prosecution based on the fact that you were justifiably acting in self-defense, said Jim Fleissner, professor atMercer University School of Law and an expert in the 4th Amendment.

Its not unlike the law in Florida that they call the Stand Your Ground law, Fleissner said.

Fleissner said over the last 20 or so years, officers asking for immunity under stand your ground laws has become a kind of trend. Stand your ground lawsallowthe use of deadly force without an individual needing to retreat from the situation.It was under Floridas stand your ground law that George Zimmerman was acquitted in the shooting death of Trayvon Martin.

Prosecutor: You cant be the aggressor and claim stand your ground

Heyward Altman is the Middle Georgia Judicial District Attorney who presented the case against the deputies who tased Martin to deathto both grand juries. He will challenge the immunity ruling in the Georgia Supreme Court.

Altman said a stand your ground defense ultimately rests on who started the fight.

You cannot be the initial aggressor, Altman said. If you bring the fight to somebody, you cant later complain that person fought back.

In his ruling, Judge H. Gibbs FlandersJr. notes Martin neverdisplayed overt aggression, even though he was clearly agitated and tense.However, Flanderssaid under Georgias stand your ground law,and because of Martins non-compliance with officers who suspectedhim of themisdemeanors of loitering and walking in a public roadway, the use of force was justified.

Altman saidbecause the deputies initiated the violence, the ruling could carve out special protections for law enforcement under stand your ground.

What were saying is the court expanded that to include an officer and his use of force in making an arrest, Altman said.It expands the statute beyond what it was originally intended to be.

Civil rights activist and attorney Francys Johnson represents Martins family. He said Georgia has a lot riding on the immunity appeal.

We stand to gain everything when it comes to whether the value of a Black life is truly respected in the law and in Georgia, Johnson said.

Already Martins death has changed the way Georgia law officers are trained to use Tasers. Johnson said he hopes the case leads to bigger changes in how police are trained.

Train them to preserve life, he said.

In addition to the Georgia Supreme Court hearing on immunity for the three former deputies, some state legislators have begun considering changes to Georgias stand your ground law, especially in wake of the Ahmaud Arbery killing earlier this year near Brunswick.

This story appears through the Georgia Recorders partnership with Georgia Public Broadcasting.

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Safeguarding the Second Amendment – The Highland County Press

By U.S. Rep. Blaine LuetkemeyerR-Missouri

[T]he right of the people to keep and bear Arms, shall not be infringed.

In 1791, our Founding Fathers saw it necessary to amend the United States Constitution with the Second Amendment in order to give the citizens of this country the right to bear arms and defend themselves.

American families have the right to feel safe and secure in their own homes, and exercising Second Amendment rights is a way to help do just that. As a representative in Congress, I take my role as a defender of the Constitution very seriously, especially when it comes to protecting our right to possess firearms.

Missouri has recently been in the national spotlight with the McCloskey familys situation in St. Louis. Earlier this month, Mark and Patricia McCloskey were photographed holding firearms after being confronted and harassed by an angry mob of rioters outside of their St. Louis home.

Feeling extremely threatened and unsafe on their own private property, the McCloskeys were well within their rights to bear arms to protect themselves. Our states Castle Doctrine and Stand Your Ground Law both explicitly give Missourians the right to defend themselves and their property.

Unfortunately, Circuit Attorney Kim Gardner has been using the McCloskeys case for political gain and fundraising efforts even before any charges were filed. Thankfully, Attorney General Schmitt and Governor Parson have both recognized this gross injustice and infringement on the McCloskeys freedom and are working to have their names cleared.

While Missouri is home to the Castle Doctrine and Stand Your Ground Law, nothing of the sort exists in the federal level. In order to protect Second Amendment rights of Americans across the country, I am a proud cosponsor of fellow Missourian Congressman Jason Smiths bill, the American Family and Private Property Defense Act. This legislation would prevent an American citizen from being prosecuted for the use of force against an intruder as long as that force was used to protect themselves, another individual or private property. I am hopeful we will be able to get this bill passed to ensure Second Amendment rights nationwide are safeguarded.

With repeated calls from Democrats to defund the police and the violent rioting taking place across America, our Second Amendment rights are more meaningful than ever. Having the ability to protect your property, your family and yourself is a fundamentally American right that I firmly believe in, and I will continue to be a strong defender of the Second Amendment in Congress.

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Safeguarding the Second Amendment - The Highland County Press