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Author Topic: G/N - B/N ..... P.O.S. blown away with his own gun during home invasion attempt.  (Read 161 times)

Kenny Solomon

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Preface.


The article is published by my local Democrat Party agenda-nudging anti-individual-and-constitutional-rights South Florida Sun Sentinel ; the only 'real' newspaper in Broward County (there's also The Miami Herald and The Palm Beach Post - both as far left, if not further, than the Scum Semenhole).

This event was local to me - it happened about a mile south of my office.

They waited 7-1/2 months to publish the article - the event occurred on 20 February.



Quote

Gilbert Stokes died trying to break into a home in Hollywood — shot with his own gun as he ran away.

Hollywood, Florida - The South Florida Sun Sentinel - 2 October 2017  ---  Stokes and another man barged into the home on Madison Street and pistol-whipped a man inside, but the victim snatched Stokes’ gun and fired.

“It was terrifying.  It was the scariest time of my life”, the victim said Monday, asking to remain anonymous because he fears retaliation.  “All I could think about is trying to get out of the situation.  I had a gun to my head.”

The encounter happened about 10 p.m. February 20.  Stokes, 40, of Belle Glade, and another man parked in the driveway and knocked on the door.  Douglas Mackey, 53, of Loxahatchee, waited in the car.

After (the victim) opened the door to the home, Stokes and his unidentified companion burst in with a .38-caliber handgun.  But the victim wrested the gun away and shot Stokes in the back before both intruders made it outside and took off.

Stokes bled to death in the car while Mackey drove to Lake Worthd.  There, Mackey and the other man put the body inside another car, where it sat for three days.  The car then was moved to Australian Avenue, about 2 miles east of Interstate 95 and just north of 45th Street in Lake Park.  A passerby discovered Stokes’ body inside and thought he was sleeping.

Investigators say they found a cellphone in the car that led them to Mackey.  It helped show that Mackey was an associate of Stokes’, and investigators used cellphone records to track Mackey and Stokes from Lake Worth to Broward County and back around the time of the shooting.

Mackey was arrested Saturday (30 September) and is being held without bond at the Palm Beach County Jail, charged with second-degree murder in Stokes’ death and armed home invasion.  Under Florida law, an accomplice can be held responsible for a death if it occurs while committing a crime.





Bell Glade and Loxahatchee are in central-western Palm Beach County at the southern shore of Lake Okeechobee..... Meaning, the p.o.s.'s involved drove about 90 miles to their 'victim'.  So yessum, something tain't right ovah heah.



Now for the bad news.

If the first sentence in the article is correct, the 'victim' (homeowner) is in a bigly-yuuuuuge legal jackpot.  The '790 Statutes' - including 'stand your ground' and 'castle doctrine' - clearly state that the incident is over if the perpetrator(s) is (are) retreating, even if still on the victim's property..... "as he ran away".

I'm honestly shocked, surprised and damn near taken aback that my local Democrat Party agenda-nudging anti-individual-and-constitutional-rights South Florida Sun Sentinel did not acknowledge that fact in the article, which would have undoubtedly led to the article writer and editor screamingly justifying and extolling the virtues of the perps, calling them 'reparations negotiators' or something of the typical community organizing ilk who could never ever do anything wrong for any reason and who had their time-on-target cut short by an evil scary-looking gun.

Gee, was that a tad snarkish ?

Didn't think so.



To end on a somewhat decent note, the local gendarmes have not arrested the 'victim' on what would be at a minimum, felony manslaughter.  Not yet, at least.

It's a solid bet the (your-tax-dollar-funded) attorney for Mr. Mackey will bring that up in trial. 




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Jeff Army vet

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From the article: "But the victim wrested the gun away and shot Stokes in the back before the intruders made it outside and took off, according to a Palm Beach County sheriff’s report." That is not running away.  As someone who has wrested a handgun (.38 revolver) from someone, it is very possible that the attacker could turn his (or in my case her) back during the struggle. Since I was working as a bouncer, in 1971, I couldn't shoot the person. She was trying to shoot one of the bartenders in the back. I had both hands on her arm & on the gun, so she scratched my face with her other hand. I elbowed her in the head to knock her out. Unless you have all the facts any conjecture on what really happened is just that, conjecture.
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Kenny Solomon

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From the article: "But the victim wrested the gun away and shot Stokes in the back before the intruders made it outside and took off, according to a Palm Beach County sheriff’s report."

That is not running away.  As someone who has wrested a handgun (.38 revolver) from someone, it is very possible that the attacker could turn his (or in my case her) back during the struggle. Since I was working as a bouncer, in 1971, I couldn't shoot the person. She was trying to shoot one of the bartenders in the back. I had both hands on her arm & on the gun, so she scratched my face with her other hand. I elbowed her in the head to knock her out. Unless you have all the facts any conjecture on what really happened is just that, conjecture.



The p.o.s. was shot in the back, meaning he was turned away - the legal term is "retreating".  Jackpot for the shooter.  The law is clear.  Only way he won't be charged is if Mackey's attorney is incompetent and the full-on-Democrat DA doesn't press, or if there's video of the event from an in-home camera system.

Personally, I'd give the victim a civic medal and make him exempt from property taxes for five years as a thank you for ridding society of the p.o.s.




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"I'm ordering our bombers back to 'fail-safe'.  We might have to go through this thing after all." ..... Gen. Beringer, NORAD, Wargames ©1983

W.F. Brody III

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Maybe the DA is pro RKBA.  However that doesn't solve the civil prosecution problem
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Barry in IN

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I'll have to watch this.  I know there have been cases (don't recall what states now) where things happened a little different, but similar.   In those situations, the good guy started with his own gun.  After the bad guy went for it, and there was a struggle, good guy recovers and shoots bad guy.  Good guy was cleared, even in situations where it looked a little sketchy, like maybe the bad guy realized he was sunk and was "giving up".   
The defense in those cases was once there was that by going for good guys gun, bad guy indicated his intent to cause deadly harm.  And doing that prettt much extinguished any thing his legal people could work with.

But this one is different since it was the bad guy who starts out with the gun. I would think that fact should make deadly intent more clear, but I know logic doesn't always play into it. 
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Who is John Galt?

Can't we all just get a long gun?

Kenny Solomon

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Maybe the DA is pro RKBA.  However that doesn't solve the civil prosecution problem.



The DA was and still is endorsed 100% by the two CongressCrittersTM "representing" the area - Debbie Whatshername-Schmuts and AlceeWhatICanSteal Hastings.  Pro RKBA (and all other rights for that matter) isn't even a possibility of an inkling of an iota of a micro-nano-second's thought.

Civil prosecution will only occur if the anonymous intended victim, a.k.a. the shooter, is a bitterly-clinging crackkka-mofo and he's not..... because that would have been the headline and the last thing the intended victim, a.k.a. the shooter would remain is anonymous:  "Bitterly-clinging crackkka-mofo John 'Whitey' Smith, Republican, NRA member, residing at 101A Madison Street, Hollywood Florida phone number 954-0U812, email address, place of employment, etc., shoots unarmed innocent community organizer who was just trying to extol the virtues and provide examples of said organized community".



Oops, dass may have am be raaaaaaaaaacissimmississt of me.  Sorry 'bout that.




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"I'm ordering our bombers back to 'fail-safe'.  We might have to go through this thing after all." ..... Gen. Beringer, NORAD, Wargames ©1983