2
Dec

Not Legal: Florida Man Shoots Out Utility Truck Tires


Welcome to U.S. Law Shield live report
from the news desk in Houston Texas I’m Sam Malone
thanks for joining us on this Facebook live broadcast as always we go through
very hot news stories and how they relate to Second Amendment issues and
then we go to the independent program attorneys of US law shield have a
comment have a question just type it in and our producers will get it and feed
it in our direction this my goodness this story everybody is talking about a
man in Hialeah Florida is accused of shooting up to not one but two AT&T
trucks that were parked in front of his home he told police he went bananas the
64 year old retired firefighter as you will see in just a second on the bureau
came outside with his 357 and started shooting the story went global I mean
you know you may have a problem with the cable company but you have to go out
there with a 357 and start shooting up the place right kind of nutty it’s a lot
of rules and regs involved with this because you may be a licensed gun holder
you may have your concealed carry or open carry and the state where you watch
it in there where you live this probably on the b-roll this is the man who did it
or gay ho Bay he’s the person accused Emily accusative on video yeah let’s see
he was released from jail to something in the morning
yes Trinity posted his bail is bond and area is walking around to the truck and
taking shots at it let’s get us lost yield independent program attorney James
Phillips will this be a Skype to join in he’s in Florida James how are you sir
I’m doing great how are you fantastic this is a gigantic story nationally
because we got to see this via cell phone footage okay here’s the deal he
said he was worried the truck was blocking his driveway might do some
damage of the driveway is private process a private property issue we’ll
start there James well not really because all the reports
I read the truck wasn’t actually even on his property was blocking his property
driveway at one point of course what’s interesting at the point where he came
out and started firing begun the truck had already moved locations to another
driveway but being that the vehicle was the truck was parked in the road as a
public roadway so there’s really not a private property issue since the vehicle
was not actually on his property it was on the street the public property in
front of his house okay and we look at the b-roll now and you can see literally
the truck is pretty much all four tires are on the street there may be a little
bit of the tire touching the brick of his driveway so the angle that it’s on a
public thoroughfare you can’t be shooting up tracks absolutely not even
if it was on his property he couldn’t go out and start shooting you know a person
can use non deadly force to expel a trespasser but you can’t use deadly
force to protect your property as far as your grass or your a driveway so he
either way whether it’s on the public street or on his private property he
went a little too far alright so how about this how about the truck is
blocking his driveway and he I’m just I’m throwing these out there I don’t
actually embrace these concepts but we had a meeting and wrote all these down
he has to get to work right he’s got to go and he’s blocking his driving he
looks around he’s like I’ll just shoot at the tires James no no no and it
definitely can do but I mean listen we could go far fetch and try and make an
argument that they’re creating a false imprisonment which is a felony although
not force a horse fulfilling but listen even if that was a case his reaction of
getting a gun and shooting the tires it’s just not reasonable only then plus
if he’s trying to get away shooting the tires is not going to help move the
vehicle from his driveway hang on to common sense 101 if a vehicle is
blocking your driveway and you shoot out the tires the vehicle will be sitting
there much longer until they and getting tires on it right and you know one thing
that was interesting of course this is just based what I write on the media
yeah he told law enforcement they shot the beach
fires up because he didn’t want the truck two weeks so I’m a little confused
first he wanted to leave now he doesn’t want it to lose its its nutty and then
of course now let’s get to the serious side there’s the video of malli shooting
he’s got the revolver this is an incredible public safety issue okay
he’s shooting at this this Ford truck maybe a Ford f-250 f-350 it has it’s
blinking hazard lights on and it’s in the grille and on top what if the bullet
had god-forbid deflected off of something and struck an innocent
bystander and killed them what kind of stuff of legal issues would this
gentlemen be facing oh he would be in a whole world of hurt you know first of
all he if you look and no less manslaughter charges he could be facing
actually felony murder because him shooting into the vehicle and shooting
at the vehicle is a phony and as a result someone died from it he
could be charged with felony murder so he would be a whole lot of hurt just in
the criminal system that’s not even talking about the civil aspects of being
sued by you know the family members of the deceased that he shot no can’t do it
you guys be careful once you shoot and that bullet leaves your firearm you are
responsible for it by the way Nick on Facebook says lol welcome to South
Florida I would hope not and then real quick when you bubble you can always
leave your comments on Facebook here the US law shield that’s why we’re on
Facebook live now how does it vary how does it differ James you have a man
acting in a reckless and lawless fashion and shooting in into this truck what if
it was a self-defense issue and he’s being attacked and a bullet ricochets
off the truck and strikes an innocent person down there in Florida then what
how does a scenario change well as far as criminal goes if he actually in a
situation where he is forced to use deadly force and he’s justified in doing
so and a bystander is hit such as the ricochets and a bullet Florida has
what’s called a transfer intent so even though he was just a he was justified in
shooting the person other person that gets hit that would
still fall under the justification now here’s the problem that doesn’t mean he
doesn’t get sued civilly right and doesn’t mean they don’t try and go after
I’m trying to say he was reckless in and what he did of course they’re going to
attack the fact that he wasn’t justified in what he did in the first place so I
mean in any situation worse Owen shot although under the law itself you may
come out okay you’re still going to go through the system you know the cops are
going to come there’s probably still going to be arrests and even if you make
it through there you’re going to face tons of civil actions about Facebooker
they’re gonna get you one way or the other I hear you all right now you on
Facebook live the conversation continues that imagine you’re the repairman now
unless it’s not ATT maybe it’s Bob’s plumbing right and Bob carries Bob is a
licensed license to carry in the state of Florida he has his LTC or is
concealed what have you the man is shooting into a truck if you’re Bob the
plumber and you’re forty feet away and the guy is shooting at your truck when
do you get the green light to defend the property in Texas it’s winning it’s dark
what is in Florida Ford is you can never use deadly force
to protect property unless it’s in the commission of a forcible felony
such as a burglary or a robbery and in that situation you’re not really
protecting the property you’re protecting yourself
now if the GSD worker was in the vehicle or right there close to it I would say
he would probably have the green light because the guy is shooting at him if
he’s 40 feet away and the guy’s not pointing at him then it’s going to come
down to whether or not your workers actions were reasonable in shooting
someone you know if he’s in the vehicle I think it’s a pretty pretty clear clear
case of self-defense that be 40 feet away and the guy’s not pointing young
we’re going to have to deal with their whole reasonableness of his actions of
deadly force made James Philips independent program attorney US law
shield with us so when you’re that far away and you’re holding up your cell
phone and it’s by all intents and purposes no I’m not an attorney another
copy from what I see it looks like he acted in a very reasonable calm way the
the employee of the cable company he called and his voices you know wasn’t
screaming gave a address and everything he got it on video
somebody’s system with video so it helps so from the fact that he’s not in direct
threat right the guy didn’t turn and point the gun on the AT&T employee
therefore deadly force probably no green light
there right he didn’t turn around and go I’m gonna up coming up to you next right
because in order to use deadly force when we’re talking about forcible
felonies it still has to be reasonable use now one argument be made is
according to the media there was another employee in the actual pod that lifts up
to the delight Pole uh if the guy is shooting at jung-hwa under florida law
you are justified in using deadly force to protect the other person if you
believe that death or great bodily harm is going to happen to them and i’ve read
a couple reports that says when you also get on scene he was actually shooting up
at the guy in the pot now if that’s the case and the worker pours beat away
would absolutely be allowed or justify him using deadly force to protect his
coworker james flopster oh yeah because Courtney on facebook says there was a
guy in the bucket all right on Facebook live conversation
can I step in could you imagine being that guy in the puckett
you’re like hey I’m in a bucket there’s a guy shooting into the truck Oh
terrible you know and I watch the video and see if I could see him I couldn’t
physically see him I’m assuming he dug down into the budget yeah guys shooting
into the bucket then either the one in the budget or the co-worker would have
been justified or even to be honest a complete stranger could be justified and
using deadly force to protect that worker in the bucket sir thank you for
joining us via Skype thank you you

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5 Comments

  • Juror63 says:

    And here we go… Some jackass giving the left reasons to rail against gun owners. smh…

  • Joe Takacs says:

    What would the legal standing of a License To Carry holder that shot this man to bring an end to his deadly conduct???

  • DanoG1984 says:

    Florida Man strikes again. 😂

  • Steven Trostle says:

    So what's going to happen to this guy, obviously he has mental problems.

  • Arthur Sampe says:

    No one like this should be alowed to carry or own firearms. Unfortunately it is a difficult issue between health record privacy and public safety to decide whom should be allowed to own, and or carry firearms. This is why we will continue to have problems with people like this. I am a retired Healthcare Provider, and current CCW permit holder.

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