[Danny1900]

We all know who the guy on the pavement is and I don't want this thread to go off track on the trial.

The question I want to pose is, under Florida law does this attempt to kick the head of a person on the ground reach the level of great bodily harm justifying the use of deadly force?

 

[racer88]

Yes. Next question.

 

[Anduril]

Yes.

 

[Ronnie948]

Not really,
Do you remember the guy who shot the guy over the handicaps parking spot.

Shooter was knocked on the ground and attacker was shot by him.
Shooter probably still in jail
Anybody know the outcome of that ????

Ronnie

 

[racer88]

Not really,
Do you remember the guy who shot the guy over the handicaps parking spot.

Shooter was knocked on the ground and attacker was shot by him.
Shooter probably still in jail
Anybody know the outcome of that ????

Ronnie

Knocked to the ground is different than kicks to the head.

Yes, you can even die from being knocked to the ground. But, one could argue the intent to knock someone down to the ground is QUITE different than the intent of a kick to the head.

 

[Denverd0n]

If I am on the ground, and you are trying to kick me in the head, you'd better believe that I am going to fear for my life and respond appropriately!

That's the real question. Florida law does not define specific situations where deadly force is justified. Rather, you have to be able to articulate why you feared for your life, and the judge/jury will then have to decide if your fear was reasonable.

 

[racer88]

you have to be able to articulate why you feared for your life, and the judge/jury will then have to decide if your fear was reasonable.

Bingo. And, it's certainly REASONABLE to equate kicks to the HEAD as life-threatening.

A shove to the ground? Not so much. Kicks to the ****ing HEAD?? Ummm... yeah.

 

[MPDC66]

Totality of the circumstances need to be accounted for. It was reasonable, IMO, for him to believe it would be an ongoing assault with intent to kill him.

 

[gatorhazard]

I feel pretty confident I could kill someone standing over them while they are on the ground and attempting to stomp their head through the pavement. Therefore, absolutely yes, I would say it constitutes lethal force and provides a fear of death or great bodily harm.

 

[mike_1950]

Unfortunately the intent of the law or what we perceive as justified means nothing if some jury selects to see other wise. Just my opinion, for a defendant to rely on fact or the letter of the law for his or her defense is probably less than 50-50 when it comes to receiving a not guilty verdict in our society today.

 

[mike1956]

Up to the cops, and/or the prosecutor, then the jury.

 

[Anduril]

Up to the cops, and/or the prosecutor, then the jury.

... then the appeals court, the Supreme Court, and the 3-percenters.

 

[Anduril]

I just watched something on TV; does this rise to the level of great bodily harm:

Irate customer throws a container of hot soup into the cashier's face and eyes.
Can you shoot the customer?

BTW: If I were on the jury of such a case, I would almost certainly vote in favor of the cashier.

PS: Adults who behave that way need a serious,long-term incarceration "lesson" told to them.
Three years. Minimum. Even if no lasting damage done.

 

[Shark1007]

Consistent with the force continuum I would think you would be entitled to throw slightly hotter soup into the customers eyes. You would be authorized only to use that amount of soup necessary to overcome the soup battery.

 

[Anduril]

Consistent with the force continuum I would think you would be entitled to throw slightly hotter soup into the customers eyes. You would be authorized only to use that amount of soup necessary to overcome the soup battery.

What about 190-degree F McDonalds coffee, then?

 

[Shark1007]

Perfect

 

[OHEng]

What about serving up some lead soup 230 grains at a time? It's plenty hot.

 

[RadTek]

I just watched something on TV; does this rise to the level of great bodily harm:

Irate customer throws a container of hot soup into the cashier's face and eyes.
Can you shoot the customer?

BTW: If I were on the jury of such a case, I would almost certainly vote in favor of the cashier.

PS: Adults who behave that way need a serious,long-term incarceration "lesson" told to them.
Three years. Minimum. Even if no lasting damage done.

Video here…(no sound) Backstory…Customer called to complain soup was so hot it melted the plastic lid. Per the employee, she offered multiple avenues to remedy but only asked the customer to refrain from cursing her out. Customer wasn’t happy with that request and showed up in person. Again, employee requested customer to stop with the abusive language while offering remedies. Culminating in the customer tossing soup on employee.

I saw a interview or video from the employee. The soup had cooled fortunately. Still warm though. It’s a spicy soup though. She said it burned her eyes and caused a nosebleed.

If that soup had indeed been hot enough to melt the lid, can you imagine the facial burns she’d have suffered. That’s the kind of burns that can be life changing.
Note..apparently YouTube is restricting the video. You’ll have to click over to the app unless someone knows how to bypass YouTube.

Also of note, reportedly the assailant has been identified. Charges are pending.

 

[brownie]

Kick to the head can and likely will result in a concussion of some magnitude. A kick to the head could result in a fractured cheek bone, eye orb, jaw, neck bones or broken teeth.

Would I believe I suffered grave bodily harm if any of the above were to happen due to being kicked in the head?

I'll leave that up to each member to decide.

 

[racer88]

Kick to the head can and likely will result in a concussion of some magnitude. A kick to the head could result in a fractured cheek bone, eye orb, jaw, neck bones or broken teeth.

Would I believe I suffered grave bodily harm if any of the above were to happen due to being kicked in the head?

I'll leave that up to each member to decide.

There are many other possible and potentially fatal injuries that can occur by a blow to the head, not the least of which is skull fracture.... including basilar skull fractures. Also subdural hematoma. All potentially fatal.

I'd say dead is "grave bodily harm."

From a medical standpoint, a kick to the head is lethal force just as much as a bullet to center mass. It might not kill, but it can. A single kick can do it.