Tuesday, July 24, 2018

Hearing of retired cop who shot moviegoer puts Florida's controversial 'stand your ground' law back in the spotlight - ABC News

Hearing of retired cop who shot moviegoer puts Florida's controversial 'stand your ground' law back in the spotlight
By EMILY SHAPIRO Feb 23, 2017, 5:24 PM ET

Vivian Reeves was emotional as she testified Wednesday before a judge at her husband's hearing in Florida, attesting that her husband, Curtis Reeves, a retired Tampa police captain, had his head in his hands after he shot a fellow moviegoer over a disagreement about a cellphone in January 2014.

Curtis Reeves is accused of fatally shooting Chad Oulson. The shooting allegedly happened after Oulson threw popcorn at the Reeves for being told to put away his cellphone during the movie's previews.

"It happened very quickly, and [Oulson's] whole upper body just came forward, and I thought that he was coming over,” Vivian Reeves testified.

If a Pasco County, Florida, judge determines that Reeves was acting in self-defense and his case meets Florida's "stand your ground" law criteria, he will be immune from criminal prosecution and civil action in connection with the deadly shooting, according to The Associated Press. If not, he will be tried on a second-degree murder charge for the death of Oulson.

Retired police officer Curtis Reeves sits with his defense attorneys during a hearing at the Robert D. Sumner Judicial Center in Dade City, Fla. on Feb. 21, 2017.more +
Florida's "stand your ground" law allows residents to use force, including deadly force, if they "reasonably believe" they are at risk of death or great bodily harm. The law specifies that people have "no duty to retreat" if they feel threatened.

Reeves' lawyer has invoked the "stand your ground" law. He argues video from the movie theater shows that Oulson attacked Reeves first and that Reeves acted in self-defense, the AP said.

Oulson's widow, Nicole, told ABC News in 2014 that her husband was texting the babysitter, who was watching their young daughter.

"It was a couple of words. No threats. No harm. No nothing," she said.

Why Florida's 'stand your ground' law was enacted
On April 26, 2005, Florida Gov. Jeb Bush signed the first "stand your ground" bill into law.

Republican Florida lawmaker Dennis Baxley, who co-authored the bill, which was supported by the NRA, told ABC News this week that the law was inspired in part by an uptick in crime after many hurricanes in the state.

"We had a lot of properties that were open and people living in FEMA trailers," he said.

He remembered one situation in which a man "was in his FEMA trailer with his wife in front of their property, and they had an intruder in the night which he shot and killed."

When "stand your ground" was signed into law, it wasn't controversial, Baxley claimed.

"We had bipartisan support. [It was] unanimous in the Florida senate. Only 20 people in the Florida house opposed [it]," he said.

PHOTO: Rep. Dennis Baxley checks the vote on a bill during session on May 4, 2011 in Tallahassee, Fla.Steve Cannon/AP Photo
Rep. Dennis Baxley checks the vote on a bill during session on May 4, 2011 in Tallahassee, Fla.
The measure passed the Florida Senate 39-0 and the House 94-20. Arthenia Joyner was one of the Democratic lawmakers who opposed "stand your ground." She told ABC News today it was "a big debate back in 2005" and the law still leaves her with the same "fears that I had back in 2005."

"It hurts the chances for minorities to receive justice," she said.

PHOTO: Grace Miranda and other demonstrators gather for a rally in front of Florida Senator Marco Rubios office asking him to retract his support for Floridas Stand Your Ground gun law following the Trayvon Martin killing on April 9, 2012 in Miami.Joe Raedle/Getty Images
Grace Miranda and other demonstrators gather for a rally in front of Florida Senator Marco Rubio's office asking him to retract his support for Florida's "Stand Your Ground" gun law following the Trayvon Martin killing on April 9, 2012 in Miami.more +
Breaking the law down
Traditionally, a defendant who invokes self-defense is required to first retreat and avoid the deadly encounter if possible, Kenneth Nunn, a professor at University of Florida's Levin College of Law, told ABC News. But "stand your ground" modifies that, he said, by telling Floridians they do not have to retreat first and "can use deadly force if it is reasonable."

"What could've happened in [Reeves'] case is Reeves could have turned around and walked away. Without 'stand your ground,' we would say the person has to retreat ... but the law says he doesn't have to do that," Nunn explained.

Additionally, "stand your ground" gives the defendant a chance to claim immunity from prosecution.

"If you can claim 'stand your ground,' you can't be prosecuted at all," Nunn said. "The way we determine whether you can claim 'stand your ground' is through a pretrial hearing. At the pretrial hearing the defendant has to show ... they're entitled to the 'stand your ground' rule. [Defendants must show] they believe that they were under a threat of deadly force ... and it was reasonable [for them to use deadly force]."

If they can prove they acted in self-defense, then no charges can be brought, Nunn said.

Former National Rifle Association President Marion Hammer, who said she worked with sponsors to "perfect the law," told ABC News that "the very idea that when you're under attack that you should have to turn your back on an attacker and run away before defending yourself flies in the face of justice and the Constitution."

She continued, "'Stand your ground' law is about protecting innocent people from overzealous prosecutors and courts that have become more interested in convictions than justice."

PHOTO: Marion Hammer, representing the National Rifle Association, speaks in favor of a gun bill during a meeting of the House environment and natural resources council, Wednesday, April 18, 2007, in Tallahassee, Fla.Phil Coale/AP Photo
Marion Hammer, representing the National Rifle Association, speaks in favor of a gun bill during a meeting of the House environment and natural resources council, Wednesday, April 18, 2007, in Tallahassee, Fla.more +
Nunn pointed out that state lawmakers are trying to amend the controversial law.

"There's a statute that has been introduced into the state legislature shifting the burden of proof to the prosecution ... If this law passes, the burden will shift to the prosecution" to prove that the defendant cannot claim "stand your ground" and away from the defendant, he said.

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How Florida's 'stand your ground' law 'spread like wildfires'
Since Florida enacted "stand your ground" in 2005, more than 22 states have adopted similar laws.

Roy Bedard, a use-of-force and defensive-tactics expert, explained why other states followed Florida's lead.

"It wasn't just Florida having these [crime] problems ... It seemed to be sensible to these other states," he said.

He added, "Other states wanted to see how it worked out in Florida, [and] it spread like wildfires across the U.S."

Everytown for Gun Safety, an independent organization working to reduce gun violence in the U.S., calls "stand your ground" laws "a threat to public safety."

"These laws encourage armed vigilantism by allowing a person to kill another person even when they can clearly and safely walk away from the danger and even in public areas," Everytown says on its website.

Ashley Cech, right, whose mother survived the Sandy Hook shootings, comforts Diane Sellgren, whose daughter committed suicide with a gun during a gun legislation rally outside the Capitol organized by Everytown for Gun Safety, Sept. 10, 2015.more +
The rate of homicides, especially homicides by firearms, sharply increased in Florida after "stand your ground" was passed, according to a study published in November 2016 by The Journal of the American Medical Association Internal Medicine. The study's authors, however, acknowledged that multiple factors may have led to an increase in the Florida homicide rate.

"Circumstances unique to Florida may have contributed to our findings, including those that we could not identify," they wrote.

Baxley disputed the findings and argued that Americans should not be "panicking over" law-abiding citizens.

"They are not a threat to anybody and the firearm is not dangerous in the hands of that person," he said. "No one should be beaten, raped or murdered, robbed and feel like they couldn’t defend themselves or they might be in trouble."

'Stand your ground' in the spotlight
Before Reeves' hearing this week, there were two cases in particular that propelled Florida's self-defense laws onto the national stage: George Zimmerman, who was accused of fatally shooting 17-year-old Trayvon Martin, and Michael Dunn, who was accused of fatally shooting 17-year-old Jordan Davis at a Florida gas station in 2012.

Neither Zimmerman nor Dunn invoked the state's "stand your ground" law because "in both cases the defendants argued that deadly force was used because they reasonably believed that it was necessary to prevent imminent death or great bodily injury. That is, at its core, no different from the law in almost every other state," according to Dan Abrams, ABC News' legal analyst.

Zimmerman was acquitted of second-degree murder. Dunn was convicted of murder and sentenced to life in prison without the possibility of parole.

After the Zimmerman acquittal, then-Attorney General Eric Holder addressed the NAACP's annual convention, saying, "It's time to question laws that senselessly expand the concept of self-defense and sow dangerous conflict in our neighborhoods. These laws try to fix something that was never broken. There has always been a legal defense for using deadly force if — and the 'if' is important — no safe retreat is available."

The NRA responded with its own statement, vowing to "work to protect self-defense laws currently on the books and advocate for their passage in those states that do not fully respect this fundamental right."

George Zimmerman waits for his defense counsel to arrive in Seminole circuit court, on the 11th day of his murder trial in the 2012 death of Trayvon Martin, June 24, 2013 in Sanford, Fla.more +
One mother's path to advocacy
After Davis' death, his mother, Lucy McBath, felt compelled to learn more about Florida's "stand your ground" law.

Jordan Davis is seen in this undated handout photo.
"I can't just turn a blind eye because I received justice," she told ABC News.

Lucy McBath, mother of Jordan Davis, who was killed by a man who claimed self-defense but was later found guilty of murder, speaks at the Mt. Zion Missionary Baptist Church in Sumter, S.C., Feb. 22, 2016 more +
McBath now serves as a spokesperson for Everytown for Gun Safety. She said she wants to stand up for "all the people across the country who do not have a voice, for people who are dying senselessly."

"'Stand your ground' laws give untrained citizens more leeway than the U.S. military gives our soldiers in war zones. There's something critically wrong with that," she said.

She added, "We have a responsibility, our legislatures have a responsibility ... to challenge these very laws that impinge on a person's civil, moral and ethical human right to live without the fear of being gunned down."

ABC News' Morgan Korn, Jeff Costello, Lindsey Jacobson, Julia Jacobo and Gillian Mohney contributed to this report.

'Stand Your Ground' laws under scrutiny again after man gunned down in parking lot - ABC News

'Stand Your Ground' laws under scrutiny again after man gunned down in parking lot
By BILL HUTCHINSON Jul 23, 2018, 7:44 PM ET

WATCH'Stand your ground' laws: The basics

Florida's "Stand Your Ground" law is coming under intense scrutiny again after a sheriff declined to file charges in the shooting death of an unarmed man who was apparently trying to protect his girlfriend from being hassled over a handicapped parking space by a gun-toting gadfly.

The death of Markeis McGlockton, 28, who was gunned down outside a Clearwater, Florida, convenience store on Thursday has jump-started the debate about the self-defense law that went into effect in October 2005 as an effort to deter crime.

A man who was captured on surveillance video fatally shooting another man in Clearwater, Fla., during a parking-spot spat will not be arrested or charged by police, according to Pinellas County sheriff.more +
But critics have argued that the law has had little effect on reducing crime, while giving gun-owners the license to shoot first and invoke the Stand Your Ground defense later.

Florida state Rep. Sean Shaw, D-Tampa, a candidate for state Attorney General, said he'd like to see the law repealed.

"This was an unnecessary and avoidable death," Shaw said in a statement on the shooting of McGlockton. "The 'Stand Your Ground' law is making our streets more dangerous and making it more difficult for law enforcement to do their jobs."

(MORE: Victim's girlfriend says Florida gunman provoked fatal 'stand your ground' shooting)
One of Shaw's Republican opponents, Ashley Moody, a former judge and prosecutor, told the Tampa Bay Times that while she sympathizes with McGlockton's loved one, she believes the law should remain in place.

"A person has the right to protect oneself if he or she reasonably believes it is necessary to prevent imminent death or great bodily harm," Moody told the newspaper.

Britany Jacobs, the girlfriend of Markeis McGlockton, wants justice for the shooting of her boyfriend.ABC News
Britany Jacobs, the girlfriend of Markeis McGlockton, wants "justice" for the shooting of her boyfriend.
Pinellas County Sheriff Bob Gualtieri declined to file charges against Michael Drejka, 47, who fatally shot McGlockton after being pushed to the ground.

"He had to shoot to defend himself," Gualtieri, speaking at a press conference Friday, said of Drejka, a legal concealed weapons permit holder. "Those are the facts and that is the law. No matter how you slice it or dice it, that was a violent push to the ground."

Bernie McCabe, the State Attorney for Pinellas County, is investigating the case to determine if any charges against Drejka are warranted, his office told ABC News.

McGlockton's girlfriend, Britney Jacobs, said on ABC's "Good Morning America" on Monday that she was sitting in her car waiting for McGlockton to come out of the convenience store when Drejka came up and began "harassing” her about being parked in a handicap space.

"If he [Drejka] had a problem with where Mr. McGlockton parked and he thought it was illegal, he should have called the police. He cannot take the law into his own hands. That is simply unacceptable," Jacobs' attorney Benjamin Crump told ABC News. "Had he simply called the police, this whole tragic incident would have been avoided. But he, for whatever reason, took the law into his own hands and we as a society have to send a clear message that this is not acceptable."

(MORE: Hearing of retired cop who shot moviegoer puts Florida's controversial 'stand your ground' law back in the spotlight)
Surveillance video showed McGlockton exiting the store and shoving Drejka to the ground. Drejka then drew a handgun and shot and killed McGlockton, who appeared to be retreating.

"It [the Stand Your Ground law] allows a person to use deadly force if he or she reasonably believes that they are in danger of any harm or death," said ABC News senior legal correspondent Sunny Hostin, a former federal prosecutor. "It also sort of eliminates this duty to retreat. It used to be when you were in public you had to flee, you had to retreat from a situation. Now even if the alleged attacker is retreating you can still use deadly force against that person."

Florida is among the 27 states in the nation that have the Stand Your Ground law.

"I just think that this is a law that gives people a license to kill black and people of color with no consequences despite having no objective fear or no justification," Crump stated. "Everybody who looks at this video knows clearly the reason why this murderer isn't in jail is because of race."

During an interview on "Good Morning America," Hostin was asked why McGlockton couldn't invoke the law since he was apparently rushing to the defense of his girlfriend.

"That's the tricky thing about 'Stand Your Ground.' Perhaps he was feeling threatened, perhaps he was feeling the need to defend himself and to defend his [girlfriend], to defend his child, but then it shifts when he pushes the other person," Hostin said. "Now that person can stand their ground. It's sort of just the wild, wild West."

But those who claim self-defense under Stand Your Ground don't always escape prosecution.

A Pasco County sheriff's deputy and a security guard block the driveway to the Cobb theater, Jan. 14, 2014 in Wesley Chapel, Fla.
The most famous Stand Your Ground case is that of George Zimmerman, the neighborhood watch volunteer, who shot and killed 17-year-old Trayvon Martin in Stanford, Florida, in 2012.

Zimmerman spotted Martin walking in his neighborhood and reported him to the police as suspicious. But before officers got to the scene, a scuffle occurred and Martin got on top of Zimmerman on the ground, prompting Zimmerman to pull his concealed weapon and shoot the teenager dead.

Zimmerman initially cited a Stand Your Ground self-defense and was not arrested, sparking national protests. A special prosecutor was appointed by the governor to investigate and ended up charging Zimmerman with second-degree murder.


During his trial, Zimmerman did not use the Stand Your Ground law as a defense. His attorneys, instead, argued basic self-defense and a jury acquitted him.

In another Florida case, Curtis Reeves, a retired Tampa police captain, invoked the Stand Your Ground law after he allegedly shot a fellow moviegoer, Chad Oulson, to death in January 2014 when Oulson threw popcorn on him after Reeves chided him for texting on his cell phone during the movie previews. Reeves, 75, was charged with second-degree murder and an appeals court upheld a decision in May to deny Reeves immunity from prosecution under the Stand Your Ground law.

Curtis Reeves looks into the gallery, Feb. 5, 2014, during a court bond hearing in Dade City, Fla.
Reeves is scheduled to go to trial in February 2019.

"What could've happened in [Reeves'] case is Reeves could have turned around and walked away. Without 'Stand Your Ground,' we would say the person has to retreat ... but the law says he doesn't have to do that," Kenneth Nunn, a professor at the University of Florida's Levin College of Law, told ABC News in February.

Additionally, Stand Your Ground gives the defendant a chance to claim immunity from prosecution.

"If you can claim 'Stand Your Ground,' you can't be prosecuted at all," Nunn said. "The way we determine whether you can claim 'Stand Your Ground' is through a pretrial hearing. At the pretrial hearing the defendant has to show ... they're entitled to the 'Stand Your Ground' rule. [Defendants must show] they believe that they were under a threat of deadly force ... and it was reasonable [for them to use deadly force]."

Breakingviews - China’s fiscal nudge betrays growth jitters - Reuters

JULY 24, 2018 / 2:36 PM /
Breakingviews - China’s fiscal nudge betrays growth jitters
Christopher Beddor

HONG KONG (Reuters Breakingviews) - A fiscal nudge in China betrays some underlying growth jitters. The government is adding corporate tax cuts and other steps to support an economy that seems to be humming along. Bureaucratic tussles that preceded the policy changes suggest speed is as much a priority as rebalancing growth.

The State Council said on Monday that the government would extend a tax programme originally designed for small tech firms to all companies, creating some 65 billion yuan ($9.6 billion) of savings on top of 1.1 trillion yuan of reductions in levies and fees already planned for this year. Beijing also intends to accelerate issuance of 1.35 trillion yuan of special local bonds and a fund for lending to small companies.

A surprisingly bitter, and public, fight informed the decision. One official from the People’s Bank of China on July 13 accused the Ministry of Finance of not doing enough to help the economy, pointing to a shrinking national deficit. A pseudonymous official responded by defending the agency’s policy and blasting the central bank’s lack of progress on issues such as currency reforms. Each also accused the other of trying to shift responsibility for the country’s debt problem.


The outcome indicates that the central bank’s case prevailed. In reality, though, both institutions are rapidly moving toward a pro-growth stance. Guo Shuqing, the top banking regulator and party secretary at the PBOC, last week called for more credit to be made available for small enterprises, while officials injected eyebrow-raising sums into the financial system this week.

Despite recent pledges to the contrary, growth targets are also clearly on the agenda. President Xi Jinping said last year that officials are prioritising “quality” economic expansion. That implied a slowdown would be tolerated to slash debt and undertake reforms.

China’s GDP increased by 6.7 percent in the second quarter, down a tick from earlier in the year but above the official aim of “around” 6.5 percent. Yet officials already seem to be worried. And with trade tensions on the rise, it’s easy enough to expect more easing efforts. The only lingering question is whether it will amount to a “fine-tuning” or outright stimulus.

Majority of Republicans Back Roe v. Wade, Poll Finds - Fortune

July 24, 2018

Majority of Republicans Back Roe v. Wade, Poll Finds
Hillary Clinton Calls Out Donald Trump's ‘Scare Rhetoric’ on Abortion
But Hillary thinks he’s using “scare rhetoric”

By GLENN FLEISHMAN 10:50 PM EDT
The 1973 Supreme Court decision that provided a legal right to abortions in the U.S. has never had a higher level of support, an NBC News/Wall Street Journal poll found. Among American voters, 71% expressed support while only 23% thought the decision should be reversed.

More surprising, however, is that 52% of Republican voters polled expressed support for Roe v. Wade, a result at odds with policies put into place by GOP officials. Thirty-nine percent of Republicans polled opposed the landmark legal decision.

Even as many U.S. states have imposed or attempted to impose severe restrictions on obtaining abortions—a recent trend that occurs in the shadow of a conservative-leaning Supreme Court—voters increasingly say they want the Roe decision to stand. In 1989, 58% of Americans polled supported it and 31% opposed. Support has, on average, increased as time has passed.


The poll also asked respondents about how they favored candidates who supported or opposed abortion rights. That split was far more partisan than overall support for Roe. Forty-six percent of Republicans said they preferred a candidate with a “right to life” stance; 24% of independents and 9% of Democrats said the same. Meanwhile 68% of Democrats preferred a “pro-choice” candidate; 49% of independents and 15% of Republicans agreed.

Overall, 44% of respondents said they were more likely to support an abortion-rights candidate; 26% said they were more likely to support the opposite. Twenty-nine percent said it made no difference.

The news outlets paired these questions with others about the Supreme Court. Their findings: 32% of voters back the nomination of Brett Kavanaugh to the nation’s highest court; 26% oppose it. The Supreme Court gets overall kudos, however, with 50% of voters polled expressing a positive view of the branch of government. (Seventeen percent were negative.) That’s a big change from July 2015, when 39% gave SCOTUS a thumbs up and 32% gave it a thumbs down.

Laos dam collapse: 'Hundreds missing' after flash floods hit villages - BBC News

July 24, 2018

Laos dam collapse: 'Hundreds missing' after flash floods hit villages
 23 minutes ago

Hundreds of people are missing and an unknown number dead after a dam collapsed in south-east Laos, state media reported.

The collapse at the hydroelectric dam in Attapeu province late on Monday sent flash floods through six villages, Lao News Agency said.

"The disaster has claimed several human lives [and] left hundreds of people missing," the agency reported.

More than 6,600 people have been made homeless, it added.

The reason for the collapse of the Xepian-Xe Nam Noy dam is not clear. Its construction began in 2013 and it was due to begin generating power this year.

Laos country profile
The incident follows heavy rain and flooding across southern Laos.

Prime Minister Thongloun Sisoulith has postponed government meetings and gone to the affected area in Sanamxay district with senior officials to monitor relief efforts, state media said.

Local authorities have appealed to government bodies and other communities to help provide emergency aid for the victims such as clothing, food, drinking water and medicine.

Laos has built several dams in recent years and plans to build more, taking advantage of its high annual rainfall and hilly terrain. It exports most of its hydroelectric power to neighbouring countries such as Thailand.

North Korea 'begins dismantling' rocket launch site - BBC News

July 24, 2018

North Korea 'begins dismantling' rocket launch site

North Korea has used the Sohae station to launch rockets
North Korea appears to have begun dismantling part of a key rocket launch site in the country's north-west.

Satellite images of the Sohae station seen by US-based monitoring group 38 North suggest Pyongyang is complying with a promise made to the US in June.

US President Donald Trump said North Korea's leader Kim Jong-un had vowed to destroy an engine test site, but did not specify which one.

Pyongyang has maintained that Sohae is a satellite launch site.

But US officials suspect that it has been used to test ballistic missiles.

The satellite imagery appears to show the dismantling of facilities at North Korea's Sohae site
During a landmark meeting between President Donald Trump and Kim Jong-un in Singapore last month, the two leaders signed a deal to work towards the "complete denuclearisation of the Korean Peninsula".

But the deal was criticised for a lack of details on when or how Pyongyang would renounce its nuclear weapons.

N Korea propaganda changes its tune
The apparent dismantling of the Sohae test site comes amid rising questions over North Korea's willingness to stick to the pledges made at the 12 June summit.

Earlier on Monday, President Trump said that he was "very happy" with the progress in relations with North Korea, saying that Pyongyang had not launched any missiles or carried out any nuclear tests during the last nine months.

It follows comments from the US president last week that there was "no time limit" for North Korea to denuclearise and no need to rush the process.

Enrichment reports
But according to recent reports based on US intelligence leaks, North Korea might secretly still be continuing its weapons programme.

Those reports indicate that North Korea's only official nuclear enrichment site at Yongbyon is being upgraded, and that the country was stepping up enrichment at other secret sites.

The reports cannot be independently verified, but have been deemed accurate by respected North Korea watchers.

North Korea has carried out a total of six nuclear tests, the most recent of which took place in September last year.

The North has in the past two years quickly advanced its nuclear programme, and claims that it has developed an intercontinental ballistic missile that is able to reach as far as the continental US.