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Gas Station Shooting Does Not Appear to Be SYG Self-Defense Case
While again urging caution given the nature of the “facts” we’re dealing with, it would seem to me that this case is not a Stand-Your-Ground.
So, it appears that the elements of the AOJ triad are met, and there existed an otherwise unavoidable threat of death or grave bodily harm against which deadly defensive force was warranted.
Further, there appears to be no time from when the man began confronting her while she was at the pumps that she would have had a safe avenue of retreat available to her. Without a safe avenue of retreat there is no duty to retreat, and if there is no duty to retreat, then Stand-Your-Ground has no place in lifting that non-existent duty.
So, no, this does not appear to be a Stand-Your-Ground case.
The whole scenario does, however, get very weird after the fatal shots are fired. Reports are that the woman apparently secured her rifle in the car, finished fueling her car, and took photographs of the dead or dying Daniel. She then simply got in her car and departed the scene, without making any effort to report the matter to authorities.
In this case, the prosecutor would argue that a woman who has just had to kill an aggressive and dangerous sexual predator in the middle of a gas station simply does not act as this woman did if she were innocent.
It would have been one thing had she been cornered with no way to escape or if had her pinned on the ground, but she had time to get the rifle from her trunk, menace him with it and fire a "warning shot" into the ground at his feet.
Will it receive that same attention that the Zimmerman trial has?
McDonald said she fired at the ground, hoping to scare the man off.
"She never intended to shoot directly at him," Quanell said. "She didn't know the bullet actually ricocheted and hit him."