Elvis Dumervil arrested

[DaFace]

Solid post from the OrangeMane about it:

http://www.orangemane.com/BB/showthr...64#post3620264

Originally Posted by fdf

I'm a former attorney and an NRA Certified pistol instructor. So take this for what you think it's worth:

* I'm sure Dumervil had a CONCEALED carry permit because he wasn't charged with illegal possession of a gun. Florida is NOT a constitutional carry state like New Hampshire is. His permit could be a Colorado permit because Colorado permits are good in FLA and vice versa.

* But two witnesses (including the complainant) say he showed his gun to the complainant. That is, he UNCONCEALED the gun. Permit no longer applies. That is a crime in every state I know about unless you are in reasonable fear of dying or serious bodily injury. It is usually called "brandishing" although it appears to be called "third degree assault" in Florida.

* I know of no state where you can defend property by pulling a gun (in this case, that would be defending his car against bottles, can't use a gun to do that).

* Stand your ground law has nothing to do with this case, if the Post has the facts correct. Stand your ground only says that if someone pulls a gun or knife on you or is beating the crap out of you, you don't have to run away. Instead, you can defend yourself with deadly force where you are threatened with death or serious bodily injury. (In FLA, it also adds a procedural protection of a pre-trial hearing). Stand your ground also doesn't apply because you can't use it if you provoke the incident. So pulling over, getting out of your car and heading for the lady's car almost certainly takes you out of the protection of the Stand your ground laws.

* The glove compartment laws are unimportant too. Had his gun stayed in the glove compartment and not been brandished, there would have been no arrest. I'm virtually certain having a loaded gun in your glove compartment is legal in FLA. But lying to the officer about it was double stupid and could be a separate crime in FLA. Either you keep your mouth shut altogether or you tell the truth. Lying to the officer gets you arrested if the officer hasn't made up his mind yet and will be introduced at trial as knowledge of guilt.

* SUMMARY: If the Post reporting is accurate, the only issues are:

(1) whether Dumervil flashed his firearm at the lady,
(2) if he did, was he in fear of death or serious bodily injury, and
(3) If (1) and (2) are true, did Dumervil provoke the incident by jumping out of his car and heading for the lady's car?

From what the Post reports, (2) and (3) are deadbang losers for Dumervil. So it will all turn on the credibility of the witnesses who say they saw Dumervil flash a gun.

[Bob Dole]

Originally Posted by DaFace

Solid post from the OrangeMane about it:

http://www.orangemane.com/BB/showthr...64#post3620264

He lost Bob Dole with the "I know of no state where you can defend property by pulling a gun..."

Perhaps he should familiarize himself with Texas Penal Code - Section 9.42. Deadly Force To Protect Property

[Dante84]

Originally Posted by DaFace

Solid post from the OrangeMane about it:

http://www.orangemane.com/BB/showthr...64#post3620264

Here's the key thing....


How would the witnesses/victims know about the gun unless they had seen it?

[Dante84]

Originally Posted by Cassel>Manning

So having the gun in the glove box is probably a good thing since Dumervil has a permit. I bet Steinberg can argue that Dumervil never flashed a gun at all.

Originally Posted by Dante84

Here's the key thing....

How would the witnesses/victims know about the gun unless they had seen it?

And, actually, the witnesses said that each man brandished a weapon.

The witnesses said they saw two guns. Two guns were found.

[Quesadilla Joe]

Originally Posted by Dante84

And, actually, the witnesses said that each man brandished a weapon.

The witnesses said they saw two guns. Two guns were found.

How could they see it though? The cops could have brought up the guns to the witness during questioning.

[DaFace]

Originally Posted by Cassel>Manning

How could they see it though? The cops could have brought up the guns to the witness during questioning.

Congrats - you're the first person I've ever put on ignore on ChiefsPlanet.

[BigMeatballDave]

Originally Posted by DaFace

Congrats - you're the first person I've ever put on ignore on ChiefsPlanet.

[-King-]

Originally Posted by DaFace

Congrats - you're the first person I've ever put on ignore on ChiefsPlanet.

Miserable user him.

[mr. tegu]

Originally Posted by Cassel>Manning

How could they see it though? The cops could have brought up the guns to the witness during questioning.

[BigMeatballDave]

Originally Posted by Cassel>Manning

How could they see it though? The cops could have brought up the guns to the witness during questioning.

Are you really this stupid, or is this just trolling?

[Bwana]

Originally Posted by Cassel>Manning

How could they see it though? The cops could have brought up the guns to the witness during questioning.

[Dante84]

Originally Posted by Dante84

And, actually, the witnesses said that each man brandished a weapon.

The witnesses said they saw two guns. Two guns were found.

Originally Posted by Cassel>Manning

How could they see it though? The cops could have brought up the guns to the witness during questioning.

Originally Posted by DaFace

Congrats - you're the first person I've ever put on ignore on ChiefsPlanet.

Originally Posted by Dave

Originally Posted by Bwana

Thanks, guys. I just.... sigh.... I don't even....