Florida ‘Stand Your Ground’ Law Under Fire, But Likely To Remain

March 11, 2014

Civil-rights leader Al Sharpton led a crowd of about 1,000 people to the Florida Capitol on Monday, demanding that Gov. Rick Scott and the Legislature fix or repeal the “stand your ground” self-defense law.

Sharpton marched alongside the parents of Trayvon Martin and Jordan Davis, two teens the marchers said were wrongly killed under Florida’s first-in-the-nation law, which allows people to use deadly force when they feel their lives are in danger and provides immunity from prosecution.

“Florida is ground zero for a sick and wicked law that has now spread through 23 other states,” Sharpton told the crowd on the Capitol steps. “It started in Florida, and we’ve come to start the ending of it in Florida.”

Speakers ranged from prominent black pastors to radio personality Tom Joyner to Democratic politicians who tried and failed to repeal the law last year.

The speakers invoked Martin, who was killed by neighborhood watch volunteer George Zimmerman in Sanford, and Davis, who was killed by Michael Dunn in Jacksonville, both in 2012. They also invoked Marissa Alexander, who faces 60 years in prison for firing a warning shot at her abusive husband.

All three are African American.

“Now, this bill started out fine,” said U.S. Rep. Corinne Brown, D-Fla.. “Defend your castle. That’s your home. But there’s something wrong when you can shoot a warning shot and get 60 years — Miss Alexander — and you can shoot and kill a black person and feel threatened when you started the fight!”

But House Judiciary Chairman Dennis Baxley, R-Ocala, defended the law against criticism from Sharpton and others.

“This scenario that he’s painted that old white vigilantes are going around hunting down young teenage black kids and murdering them in the street — he knows that is not what’s happened,” Baxley said. “That fits the myth, and that fits the scenario that he wants to paint, but it’s a very dangerous one. It’s very irresponsible, and it will get people hurt that shouldn’t be.”

After the 17-year-old Martin was shot and killed in February 2012, Zimmerman was not immediately charged; he claimed he shot the teen in self-defense. Protests spread nationwide, and in their wake Gov. Rick Scott appointed a task force to review the “stand your ground” law. The task force, which concluded its work before a jury acquitted Zimmerman of second-degree murder charges, recommended minor tweaks to the law but concluded it should remain intact.

Zimmerman claimed he shot Martin in self-defense, but did not use “stand your ground” to avoid being prosecuted. The law, however, spawned changes to jury instructions that at least one Zimmerman juror said resulted in the not-guilty verdict.

After Zimmerman was acquitted last July, a group called the Dream Defenders sat in at the Capitol for 31 days, calling for a special legislative session on the law. State leaders denied the request.

Davis, also 17, was killed at a gas station in a car with three other black youths after arguing with Dunn over loud music. Dunn, a white man, claimed he shot at the teenagers because he thought they had a weapon in the car. Last month a Jacksonville jury found Dunn guilty of four charges related to the shooting — but could not reach a decision on first-degree murder.

That prompted the Rev. R. B. Holmes, Jr., the vice-chairman of Scott’s “stand your ground” task force, to ask the governor to seek a repeal of the law.

“Mister Governor,” Holmes called Monday. “I served as the vice-chair of your task force. We said to you, ‘Please, sir, study this law.’ If this law (is) being applied unjustly, unwisely and unfairly, then the moral thing to do is repair it or repeal it.”

Holmes, who is black, has said that Scott should implement the task force’s suggested review of the law “to analyze if black people and poor people are being the victim of misapplication.”

The likelihood of that is not great. A bill that would have repealed “stand your ground” failed last fall, and lawmakers are now considering expanding the law. The House Judiciary Committee voted overwhelmingly last month to approve what has become known as the “warning shot” bill, readying it to go to the full House. The bill (HB 89), sponsored by Rep. Neil Combee, R-Polk City, would grant immunity to people who threaten to use force, including displaying weapons or firing warning shots, in self-defense.

In any case, Baxley, the House sponsor of “stand your ground” when it passed in 2005, said the law didn’t apply in the cases or either Martin or Davis, because their killers were charged and tried before juries.

He also said he’d tried to explain to members of the black legislative caucus that “there is no color line” in the “stand your ground” law.

“As a matter of fact, the numbers show that twice as many African Americans are protected by our law than the general population, if you look at the number of people who successfully use self-defense claims of stand your ground to avoid prosecution,” he said.

by Margie Menzel, The News Service of Florida

Comments

22 Responses to “Florida ‘Stand Your Ground’ Law Under Fire, But Likely To Remain”

  1. David Huie Green on March 13th, 2014 8:31 am

    Zimmerman did not justify his killing of Trayvon Martin under Stand Your Ground.
    He justified his actions under the claim and supporting evidence that Trayvon Martin had him on the ground, sitting on him and was beating his head into the concrete.
    It was unwise to get out of his vehicle to follow a person but he did not offer violence until attacked and trapped and possibly not thinking straight due to those repeated, documented and witnessed blows.

    David for avoiding killers
    (even if they are only trying to kill you with concrete)

  2. linda on March 12th, 2014 2:55 am

    First of all anyone who pushing hate is being racial themself. Al Sharpton needs to read his BIBLE more. He has No more torrance for other race than his own. Sounds like some over in Middle East that only belives only in there GOD. So No Al is no GODLY MAN TO ME. Evil comes in All forms. If he wants to make some changes. Take the Money he making off this situation and put it to good use. Hey Al go into your black community and invest into Education, vocabulary,manners,respect of others and self,pull your pants up and your shirts down,stop staying in the streets,get a job. I don’t owe you a darn thing not even the stuff I worked for. Stop stealing and breaking into my house. I know this not all blacks cause we have alot of whites that needs to read and also do this list. But the difference is we don’t go around blaming the BLACK race for our short comming and failure’s in LIFE. SO STOP riding on my shirt tails about how I have held you down. Your Culture has held you back not your skin color.2014 PEOPLE

  3. melodies4us on March 11th, 2014 11:06 pm

    Just recently, this Stand Your Ground law worked in the favor of a black man in Pensacola who shot 2 white perpetrators who were approaching his home to harm him.

  4. Thom on March 11th, 2014 3:18 pm

    How likely is the expansion regarding the “Warning shot” to pass? Does anyone know?

  5. Atmore G on March 11th, 2014 2:53 pm

    If you google up the alleged Tawana Brawley rape case from 1987, you will learn all you need to know about the Rev. Al..

  6. Allen Jay on March 11th, 2014 2:35 pm

    I believe if you are going to carrying the title of Reverend in your name, then that means you were called by the almighty Father to serve and further His kingdom. I also believe there will be fruits and evidence of Christ like behavior in not only your personal life but your public life as well. I have never heard anything spiritual come from Al Sharpton’s mouth or his “protest of the day”. I do not see how he could be furthering anyone’s kingdom but his self’s, for this reason and others I would not address him as a Reverend nor embrace his views of hate. I pray that those who do not have a personal relationship with my Savior Jesus Christ do not let this man keep them knowing the real spiritual love that our Father has for us all.

  7. My2Cents on March 11th, 2014 2:21 pm

    Why is it that all you see in the march is African Americans? It appears they are the only ones who has an issue with the “stand your ground” law. Not judging, just an observation from the last several times it has been under fire. Their actions aren’t representing their race very well if you ask me. When is playing the “race card” going to stop? What about all the other races that have been murdered by African Americans? You don’t see us marching around blaming a law or anything else for that matter. Why can’t African Americans stand up and take responsibility for their actions. Think back and ask yourself where was your parents and/or family members? Is it the rest of society’s fault you didn’t have a decent up bringing? NO! It’s your choice if you want to follow in the same foot steps as them or take a different path.

    We ALL bleed red…

  8. Bill Edmunds on March 11th, 2014 12:49 pm

    Sharpton is on a fund raising tour. He exploits his own people to fund his hypocrisy and fear mongering. He is more of a racist than the people he spews hate about. He needs to be listed by the Southern Poverty Law Center as a hate group.

  9. DANNY on March 11th, 2014 12:43 pm

    It is sad that we need laws giving people the right to protect themselves. Shouldn’t we be afforded that right without it being legislated?

  10. OldMan on March 11th, 2014 12:35 pm

    Word was they plan on boycotting Disney, I for one want to know when so I can take my family during that time so I don’t have to endure the ignorance, line cutting, time wasting etc.

    I say boycot everything PLEASE

  11. Gembeaux on March 11th, 2014 10:12 am

    Al goes where the cameras are. I agree with the idea that “a gun-free zone is a criminal enterprise zone”. Protecting yourself, your loved ones, and the innocent against those who would do you harm is an inalienable right.

  12. countrygirl on March 11th, 2014 9:48 am

    I agree with Sam. Al Sharpton needs to go elsewhere! If all these people would spend as much time worrying about their own race and teaching their kids right as they do worrying about whether or not the whites are bowing down to their every whim, then we would not have these scenarios to begin with.

  13. Alarmed and Armed on March 11th, 2014 9:48 am

    This is outright nonsense! This hoorah is all drummed up by the media and the far left extremists. Sharpton would not be allowed near MLK if he were still alive today. MLK was about unity and peace. Sharpton is just another great divider!

    Sharp ton is more of a show than anything else and Trayvons parents are to “unknowing” to realize that they are being used as a pawn in a money making scheme.

    You know its a shame when it happens like this! MLK is turning in his grave!

  14. Mike J. on March 11th, 2014 9:39 am

    This law is designed to protect everybody regardless of one’s skin color. Maybe he doesn’t know this (NOT) but African Americans own guns too and this law will help protect them as well. But all Al Sharpton is about is hate. Watch him on MSNBC and all he talks (or actually yells at the camera) about is hate this and hate that. The world according to Reverend Al is that everything the political left does is good and everything the political right does is evil. This law was pushed by the political right, so according to Reverend Al that law must be evil. He is just pushing his own agenda to help his own bloated image. Yes, he should have been helping Condi Rice and Dr. Carson too, but nope, they are Republican, so no go. I don’t think like that. I think people should be judged based on their behavior, attitude, and character, not their skin color. Have a nice day.

  15. 429SCJ on March 11th, 2014 8:57 am

    19 year old Tyler Hinckle, Edward Gibbons and Christopher Fehl, Popeye’s restaurant manager Cynthia Harrison, four white people murdered by African Americans here in the Escambia County area, to name but a few..

    These protest people do not seem to become outraged when an African American murders a person of White European Decent.

    Hypocrisy and indifference, do they walk or march hand in hand? You tell me!

  16. Atmore G on March 11th, 2014 8:23 am

    This law is in place to protect law abiding citizens.. There are probably as many or more armed criminals out there as there are good guys.. If it comes down to it, this is our last line of defense.. Self defense has always been a viable defense in a court of law, and I believe the law should be left in place as is..

  17. baebae on March 11th, 2014 8:13 am

    Wonder where Al Sharpton gets his money from ? Who pays him ?

  18. E on March 11th, 2014 7:29 am

    Jane, everything al gets involved with he makes racial. I just wonder where he was when Rutgers protested Condi Rice as speaker at graduation. He sure came out at Rutgers screaming against Imus. OH, I guess it’s because Ms. Rice is a Republican.

  19. billy ray jr jr on March 11th, 2014 7:02 am

    “Likely to remain”. So the good guys win again. Happy, happy, happy.

  20. Sam on March 11th, 2014 6:07 am

    Rev al should mind his own business. This is florida, hes not a resident.

  21. well on March 11th, 2014 5:04 am

    It’s not broke, so leave it alone.

  22. Jane on March 11th, 2014 4:24 am

    The Stand Your Ground law was designed to protect you, and your family. It applies to everyone. This is NOT a racial law. I hope someone explained that to the people involved.