State Appeals Court Tosses Jay Man’s Murder Conviction

[Dan1612]

when is it a felony to shoot a gun out of the city limits?

When doing so during an altercation.


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[Dan1612]

Here's something no one has mentioned( but I'm sure the jury deliberated on and will again)......

ok, a revolver shoots 5-6 rounds, Floyd had a rifle, is it a bolt action or semi auto?

So the car pulls out, bang,bang,bang,bang,bang. 2 seconds. The bolt action rifle shoots, reloads, shoots, reloads, shoots, reloads, shoots, reloads, shoots. 6 seconds.

So Floyd was shooting at the car after the car shooting stopped and they were driving away.

We don't know the timing exactly, but a pause in fire could mean reloading, not necessarily retreat. Floyd also didn't know what they had, they could have continued firing from half a mile away. Continuing to fire a weapon as you "retreat" isn't really retreat at all is it?

This was fun, my suppourt is with the real victim, Floyd, and I've said what I needed to say. Will be watching this one closely, hoping justice will be served. Thanks.



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[Stanley13]

Im thinking its to bad he didnt land one in the gas tank and blow the whole car up!! Safety first!!

The other crime is a grown mans truck gun being a .243 LOL

 

[Viking1204]

well, now we're getting into details that non of us have, but that's taking a single detial out of contex.There's what's called mitigating circumstances




Therein lies the rub, at what point was whom in a position of self defense. Like I said earlier, when the people showed up( I have to assume that someone invited them), they were met with( what they perceived as) a hostile crowd, that led to physical abuse. IMO, at that point, the guys in the car are defending themselves. They have NO idea what that group could do to them, out there at night, out in the middle of nowhere. How much alcohol was involved? How much drugs? We just don't know all the circumstances.





Really? How did you come to that conclusion? Would that be fact or personal bias?

Listen, I lived out in the boonies up in Ky( and out West in the desert in Yuma, Az, same thing), so I know, all there was to do out there was go out in the woods and have parties. Everybody knew about it and alot of folks showed up( which is what most parties out in the woods is about). At almost every one of those, there's folks that don't like other folks. Most of the time there's a fight( which is also a youth passtime). Sometimes knives and guns were involved. Unfortunate, but the guilty parties have to be punished. The prisons are filled with folks who didn't mean to beat the guy to death at the bar, they'd had too much to drink and was feeling bad from a fight with their wife or girlfriend, blah, blah, blah,,,,they killed someone.

I'm sorry, were some of your friends in the car because it's the only reason I can see why you are the only one supporting the unwanted guests at Floyd's residence??? They showed up and then were asked to leave by the owner of the house, they didn't leave and started the whole mess by their refusal to leave. Read up on the case, several witnesses all have the same story that supports Floyd firing only after the shooters in the car started to shoot first. Floyd had every right to stand his ground and defend his property and guests, how can you not see this and be so partial to the instigators in the car?

 

[CCHGN]

We don't know the timing exactly....

We don't know much of anything really, so this is all speculation and bias. The only things we know for sure is that a person is dead and Floyd was convicted once and is going to get another trial. That's it.

 

[CCHGN]

I'm sorry, were some of your friends in the car because it's the only reason I can see why you are the only one supporting the unwanted guests at Floyd's residence??? They showed up and then were asked to leave by the owner of the house, they didn't leave and started the whole mess by their refusal to leave. Read up on the case, several witnesses all have the same story that supports Floyd firing only after the shooters in the car started to shoot first. Floyd had every right to stand his ground and defend his property and guests, how can you not see this and be so partial to the instigators in the car?

well, as I said before( and won't anymore), the key is to determine who was defending themselves first. Regardless of what you or I think, a jury has to decide that.

The first jury obviously believed, from the evidence, that the folks in the car were defending themselves, or maybe they agreed that he kept firing after they stopped firing.

One thing I don't think a jury of his peers believed was that he had a responsibility to retreat, so that point is moot.

 

[Viking1204]

The fact that the judge took the Stand Your Ground law out of this case is the whole reason for the re-trial. You never answered the question you were asked earlier, how would you respond if someone showed up uninvited at your property and refused to leave and when they did leave started shooting out of the car back at you?

 

[Snow Bird]

CCHGN, It was asked if you would have shot at the car when it was going away while there was gun fire comming from it.

I just read this thread and I really don't know what I would have done, never been in that position, But I am guessing that going away or not if there was gunfire comming from the car I would have fired back.

 

[Dan1612]

The fact that the judge took the Stand Your Ground law out of this case is the whole reason for the re-trial. You never answered the question you were asked earlier, how would you respond if someone showed up uninvited at your property and refused to leave and when they did leave started shooting out of the car back at you?

I would have put at least 20 rounds of 308 in it. Less of it exploded first.


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[Deersniper270]

The reason for the miss trial was the jury was told he had a duty to retreat which was wrong. That's what they convicted him on. CCHGN what would you have done?