When I saw this case, I figured he will probably be convicted. A thrown bag of popcorn might be “assault” in our silly justice system, but it’s not an imminent threat of death or great bodily harm. I’m sure you all remember how age and size differences come into play, but unless the guy leaped the seats and made an explicit threat, I don’t see a reason to pull a gun out.
I’m pretty sure Reeves betrays himself when he says he was “in fear of being attacked.” I need to go back and see if a relatively mild “scuffle” (like you’d see in a bar fight) is enough to shoot someone. I don’t think it is. It’s been years since I read Florida Firearms Law. I happen to be reading the 7th edition now, so we’ll see what Gutmacher says. (He talks about similar issues on how to respond to the trendy thug “knockout game”.)
My cynical take on the case was that this guy still thought he was a cop, and he thought he could get away with a lesser basis for deadly force than we plebians have. It’s also easier to trump something up after the fact when you’re active duty.
Regardless, this is why CCW holders need to be on even better behavior than the average citizen. You can’t go around picking fights (or, ahem following people in your neighborhood) because you might find yourself in a situation where you need to use your gun. Cops do this and get away with it, but we can’t. Which is how it ought to be for everyone. My first thought in this situation would be to change seats.
Commentary on the reporting:
“Here’s the problem: We’re trying to look into the mind of the defendant and posit what he thought was happening,” Rose said. “That’s often why these cases go trial — because you just can’t tell.”
This is a law professor, but I’m almost certain the legal justification for use of deadly force is the reasonable man provision. The jurors don’t have to figure out what Reeves was thinking, but what a reasonable person of his age and build ought to have done in that situation. I might have this completely wrong, which is why it’s time to brush up on this stuff. (It takes me a while to read the book because it usually makes me so fucking angry about all the bullshit and confusion in the law.)
On the other hand, a prosecutor could argue that as a former officer, Reeves should have known how to de-escalate the situation.
Uhh… maybe there are good cops out there, but I’ve read enough news stories to know that some of them are all too happy to start shooting. The jury might buy that though.
Last, character could come into play if the case makes it to trial. Jurors might be inclined to believe the statements of a retired officer, Rose said.
This is a shame.