Subsection (b):
(b) The use of force against another is not justified:
(1) in response to verbal provocation alone
Sounds more to me just Texans being Texans and not a problem with the law itself.
I’m going to randomly slap a person in Texas. If they even look back at me, I’m going to shoot them and walk away yelling “STAND YOUR GROUND!”
You provoked that confrontation, so while you’d get away with it, it would still be illegal.
Murrica.
Prosecutors also ignored Aimone’s demands that the killing be investigated as a hate crime. Although Caldwell’s investigation found years of anti-Muslim rhetoric posted online by Klimek, Aimone said officials were “dismissive” of the possibility, and added, “It was almost like too much work for them to find something to see if it was a hate crime.”
That’s fucked up.
This part actually makes it more clear.
The justification of deadly force is derived from parts (a) and (b). Parts © and (d) are the “Stand Your Ground” clauses (emphasis mine). According to the wording, SYG doesn’t apply to a provoked attack. Given the white dude was the one popping off, I’m not convinced that SYG applies to him.
Again, the whole case just smells of Texans being Texans.
*Subsection 9.32 - Deadly Force In Defence of Person
a) A person is justified in using deadly force against another:
(1) if the actor would be justified in using force against the other under Section 9.31; and
(2) when and to the degree the actor reasonably believes the deadly force is immediately necessary:
(A) to protect the actor against the other’s use or attempted use of unlawful deadly force; or
(B) to prevent the other’s imminent commission of aggravated kidnapping, murder, sexual assault, aggravated sexual assault, robbery, or aggravated robbery.
(b) The actor’s belief under Subsection (a)(2) that the deadly force was immediately necessary as described by that subdivision is presumed to be reasonable if the actor:
(1) knew or had reason to believe that the person against whom the deadly force was used:
(A) unlawfully and with force entered, or was attempting to enter unlawfully and with force, the actor’s occupied habitation, vehicle, or place of business or employment;
(B) unlawfully and with force removed, or was attempting to remove unlawfully and with force, the actor from the actor’s habitation, vehicle, or place of business or employment; or
© was committing or attempting to commit an offense described by Subsection (a)(2)(B);
(2) did not provoke the person against whom the force was used; and
(3) was not otherwise engaged in criminal activity, other than a Class C misdemeanor that is a violation of a law or ordinance regulating traffic at the time the force was used.
© A person who has a right to be present at the location where the deadly force is used, who has not provoked the person against whom the deadly force is used, and who is not engaged in criminal activity at the time the deadly force is used is not required to retreat before using deadly force as described by this section.
(d) For purposes of Subsection (a)(2), in determining whether an actor described by Subsection © reasonably believed that the use of deadly force was necessary, a finder of fact may not consider whether the actor failed to retreat.*
Calling out OP on thread title.
Want to see some evidence that this dude didn’t spend some time in Florida.
And yea, talking shit to someone then shooting them isn’t stand your ground.
Having a law that lets you defend yourself if necessary as necessary is… necessary.
I doubt the jurors cared much about the actually text in the law, neither did the prosecutor really want an indictment. Texas
When did Islam because a country or place?
Dat oil and gas money
It’s a racist white guy in Texas. You seriously expect them to be intelligent?
Thank God I live nowhere near Texas…
Texas penal code states that you can use self-defense if, amongst other things, you did not provoke the other party. He provoked him by saying “Go back to Islam”. I’m not a lawyer, but not keeping his mouth shut could get him in trouble.
The DA’s office is looking to file murder charges. It’s not like we’re all YEEHAAWWWW pew pew pew doing here albeit there are plenty of gun loving racist white folks over here. I’m not racist either, I swear!
Well at least now I dont have to feel bad about assuming there’s probably a few generations of inbreeding in his DNA. Islam is not a location.
If you have to pull a weapon out in a verbal conflict as stupid as this, you probably shouldn’t be having a weapon in the first place. Stay classy Texas…
Fuck you Texas.
I should think so. How that Klimek guy can claim self defense or even stand your ground is simply ridiculous.
The comments on that article are gold. Xenophobia is alive and well there.
it is possible to “go back” to a set of beliefs. but that statement wouldnt make sense in this case
irrelevant, but arabs and pakistanis do tend to be highly confrontational in road rage situations. white people too. one thing i like about asians is that even though theyre shit drivers, if something does go wrong, they arent confrontational.
the owner of a porsche suv is typically not going to pick a fight because he has a lot more to lose. texan probably had his finger on the trigger for years waiting for this to happen and the syg bailed him out when it finally did. disgusting.
Asians aren’t confrontational in general…