Monday, January 17, 2011

Florida Jogger Who Shot And Killed Mugger Released Without Charge

When Thomas Baker was confronted by two youths while out on a late night run he decided to defend himself.
Having been punched in the face and fearing his attacker was armed he pulled out a handgun from his pocket and shot dead the teenager who had hit him.

Citing the state's 'stand your ground' law they ruled the 28-year-old was entitled to protect himself.
Under the 2005 law people have the right to use deadly force as long as they 'reasonably believe' their life is in danger.

Baker was out jogging alone after midnight near his home in Tampa, Florida, when he was confronted by Mustelier and a 16-year-old youth.

The teen told told police Mustelier decided he wanted to rob Baker, telling him: 'I'm going to bam him.. I'm gonna knock him out.'
Baker told investigators he was suddenly confronted by Mustelier who punched him in the face.
With his lip cut and suffering blurred vision he said he pulled out a handgun that was fitted with a laser sight and fired eight times.

Yeah yeah yeah; remember, this is The Guardian and the mere thought of someone defending himself is anathema to the modern Brit surrender at all cost mentality.

Prosecutors ruled the case 'justifiable homicide' and said Baker will not face any charges. 
Criminal defence lawyer Eddie Suarez, said Florida's Stand Your Ground law had re-defined when you can act in self defence.

Then the lazy journalism clincher:
Mr Suarex said that the  victim's family  are considering filing a civil lawsuit against Baker.

Sorry, but they cannot. The 2005 Stand Your Ground law also protects those who have defended themselves. No civil suit can be forthcoming, or lets at least put it this way; they can get a lawyer to make a stab at it but it isn't going anywhere. The bereaved family doesn't think that Mr. Baker should have fired 8 times. Doesn't matter if he stopped to reload. The law was created to specifically prevent such back door attempts to sue someone for killing a criminal committing a crime.
Stand Your Ground means precisely that. If you are where you have a lawful right to be, and someone threatens or otherwise indicates an attempt to do you serious bodily harm, even if it is just your belief that such  harm might occur, then 'civilians' have the same rights as police officers. More, probably. As it should be. And most 'experts' will recommend you continue shooting until you are sure the criminal has been dispatched. One round or a dozen.

Thanks again to The War on Guns for the heads up.


Paul Kanesky said...

You might get a kick out of this: Here in Arlington, Texas a couple of years ago we had a Troll attempting to elude the police during a high speed chase. This Troll managed to abandon the car and dissappeared during the foot chase.
Police were patrolling the area when they heard a series of shots and quickly converged on the shooting location. The Troll was laying on the front yard of an 82 year old womens house after having broken in her front door. She shot him 6 times. When the police asked her why she shot him 6 times she told them
" Thats all the bullets I had" She was not charged.
Paul in Texas

bah_humbug said...

Villain, 'Hero' and a Happy Ending! That's the nicest story I have heard in a while. Thanks Fits.

fits said...