Thu Nov 8, 2012, 10:36 AM

Judge denies 'stand your ground' motion in retired OPD officer's shooting of son [View all]

At a tear-filled hearing on Friday, former Orlando police officer Timothy Davis Sr. tried to convince a judge that he had no choice but to fire the shots that killed his 22-year-old son.

Davis Sr. said he was beaten. Nearly crippled. In fear for his life.

But after watching video of the retired lieutenant retrieving a gun, pointing it toward his son and firing, Circuit Judge Jenifer Davis ruled the defense had failed to show the shooting was justified under Florida's controversial "stand your ground" law.

The judge's ruling means the case will likely proceed to trial. It's set for Nov. 26.

http://articles.orlandosentinel.com/2012-11-02/news/os-timothy-davis-stand-your-ground-20121102_1_timothy-davis-immunity-motion-orlando-cop

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53 replies	Author	Time	Post
Judge denies 'stand your ground' motion in retired OPD officer's shooting of son [View all]	SecularMotion	Nov 2012	OP
Sounds like the law is working, trial forthcoming.nt	Eleanors38	Nov 2012	#1
Sounds like the judge is working.	Starboard Tack	Nov 2012	#5
That doesn't even make any sense	glacierbay	Nov 2012	#6
Which demonstrates my point.	Starboard Tack	Nov 2012	#10
It surely didn't confuse the judge	glacierbay	Nov 2012	#11
Exactly! Judge made a good call.	Starboard Tack	Nov 2012	#16
Wow! Are you against all motions by defense or just any using SYG?	aikoaiko	Nov 2012	#7
No, I would have made the same motion.	Starboard Tack	Nov 2012	#12
Why does it need rewriting?	ProgressiveProfessor	Nov 2012	#20
Quite simple. No DTR.	Starboard Tack	Nov 2012	#22
the burden of proof should always be on the Crown/State you prove that a crime was committed by	gejohnston	Nov 2012	#23
Absolutely. And it is.	Starboard Tack	Nov 2012	#26
no, because	gejohnston	Nov 2012	#31
Only when there is evidence to the contrary.	Starboard Tack	Nov 2012	#39
unless there is political pressure	gejohnston	Nov 2012	#42
DTR would be a repeal, not a rewrite	ProgressiveProfessor	Nov 2012	#24
I agree with the Illinois law	Starboard Tack	Nov 2012	#30
it still involves having to prove your innocence.	gejohnston	Nov 2012	#37
As is any affirmative defense	ProgressiveProfessor	Nov 2012	#46
how is the law not working?	gejohnston	Nov 2012	#8
How does that example relate to anything?	Starboard Tack	Nov 2012	#13
my point was	gejohnston	Nov 2012	#14
You know what my problem with the law is.	Starboard Tack	Nov 2012	#17
that is not actually true either	gejohnston	Nov 2012	#18
Illinois Law is not the same. There is a duty to retreat outside the home.	Starboard Tack	Nov 2012	#19
that is castle doctrine, there is a difference	gejohnston	Nov 2012	#21
Look at it again.	Starboard Tack	Nov 2012	#25
that would involve having to prove yourself innocent of a crime	gejohnston	Nov 2012	#29
Wrong! The onus is always on the prosecution.	Starboard Tack	Nov 2012	#34
So at least it is clear you do not support Castle Doctrine either	ProgressiveProfessor	Nov 2012	#40
Even under DTR, shouldn't the burden be on the state to prove that you failed to retreat?	petronius	Nov 2012	#41
Actually any claim of SD is effectively an affirmative defense	ProgressiveProfessor	Nov 2012	#44
Perhaps I'm mistaken, but I thought that to succeed with a claim of self-defense, the shooter	petronius	Nov 2012	#49
You are quite correct, they are separate issues before the court	ProgressiveProfessor	Nov 2012	#50
The poster has a long history of conflating the two and calling it SYG	ProgressiveProfessor	Nov 2012	#38
Not these lies again	ProgressiveProfessor	Nov 2012	#28
You want to travel the ugly path of personal insults?	Starboard Tack	Nov 2012	#32
Sometimes the facts are ugly. Your continued posting of clear misinformation needs countered	ProgressiveProfessor	Nov 2012	#35
Wow! n/t	TPaine7	Nov 2012	#9
The accused try to "hide" behind any law they think will work in their favor.	Eleanors38	Nov 2012	#52
Very true. Meanwhile, we'll await the next guinea pig.	Starboard Tack	Nov 2012	#53
Isn't this why we have a justice and court system?	Remmah2	Nov 2012	#2
Video is inconclusive	sarisataka	Nov 2012	#3
The system seems to be working the way it is supposed to.	ManiacJoe	Nov 2012	#4
Sounds like SYG is working.	ileus	Nov 2012	#15
Sounds Like Stand Your Ground Laws are Used to Defend Themselves Against Criminal Charges	fightthegoodfightnow	Nov 2012	#27
Its called an affirmative defense	ProgressiveProfessor	Nov 2012	#33
Unnecessary	fightthegoodfightnow	Nov 2012	#36
Absolutely Necessary	ProgressiveProfessor	Nov 2012	#43
Clarified Nothing	fightthegoodfightnow	Nov 2012	#45
Actually it did, often codifying what was precedent in many states	ProgressiveProfessor	Nov 2012	#47
Two Defenses When One Would Do	fightthegoodfightnow	Nov 2012	#48
If it was that simple, there would not have been the need for CD nor the whining over SYG	ProgressiveProfessor	Nov 2012	#51