Comments on: video shown at trial of robbery victim http://sticksoffire.com/2006/08/02/video-shown-at-trial-of-robbery-victim/ A very loose interpretation of the news and happenings in and around Tampa Fri, 19 Mar 2010 03:40:43 -0400 http://wordpress.org/?v=2.9.2 hourly 1 By: Withheld http://sticksoffire.com/2006/08/02/video-shown-at-trial-of-robbery-victim/comment-page-1/#comment-28628 Withheld Thu, 10 Aug 2006 15:02:33 +0000 http://sticksoffire.com/2006/08/02/video-shown-at-trial-of-robbery-victim/#comment-28628 I was a juror on this case and it truly was a tough decision. While the comments the community has had are for the most part based on the emotions raised by this case, certainly understandable on both sides, our job was to decide guilt or innocence based on the law and the facts as well as evidence presented. The definition of "excusable homicide" fit this case to a tee. It was supported by all the evidence, especially the 911 call relating to Mr. Storer's state of mind as he was trying to help the police with directions while chasing the victim. There was not much doubt with the jury that Mr. Storer meant to hit and stop the victim. However, it was not proven beyond a reasonable doubt he intended to kill him. Florida law says homicide is excusable when it occurs by "accident or misfortune in the heat of passion, upon any sudden or sufficient provocation." A gun in your face and threat to your family business certainly seemed to fit this requirement. I just want people to know that while this decision seems to have the support of most of the community, had it not been for the excusable homicide definition the case may have ended with a different decision. I too am happy for Mr. Storer. But all please know that the jury took this decision very seriously and had to decide it based on the law. No matter what the background of the victim, he was not able to testify and had the right to the defendant being reviewed and tried on this charge. I was a juror on this case and it truly was a tough decision. While the comments the community has had are for the most part based on the emotions raised by this case, certainly understandable on both sides, our job was to decide guilt or innocence based on the law and the facts as well as evidence presented.

The definition of “excusable homicide” fit this case to a tee. It was supported by all the evidence, especially the 911 call relating to Mr. Storer’s state of mind as he was trying to help the police with directions while chasing the victim.

There was not much doubt with the jury that Mr. Storer meant to hit and stop the victim. However, it was not proven beyond a reasonable doubt he intended to kill him.

Florida law says homicide is excusable when it occurs by “accident or misfortune in the heat of passion, upon any sudden or sufficient provocation.” A gun in your face and threat to your family business certainly seemed to fit this requirement.

I just want people to know that while this decision seems to have the support of most of the community, had it not been for the excusable homicide definition the case may have ended with a different decision.

I too am happy for Mr. Storer. But all please know that the jury took this decision very seriously and had to decide it based on the law. No matter what the background of the victim, he was not able to testify and had the right to the defendant being reviewed and tried on this charge.

]]> By: Mike http://sticksoffire.com/2006/08/02/video-shown-at-trial-of-robbery-victim/comment-page-1/#comment-27919 Mike Sat, 05 Aug 2006 22:17:31 +0000 http://sticksoffire.com/2006/08/02/video-shown-at-trial-of-robbery-victim/#comment-27919 I've been held up at gunpoint twice in a six month span, back when I lived in Washington D.C. I'd have voted to acquit him, too. The experience changed me and changed the way I viewed everyone around me for a very long time. I’ve been held up at gunpoint twice in a six month span, back when I lived in Washington D.C.

I’d have voted to acquit him, too. The experience changed me and changed the way I viewed everyone around me for a very long time.

]]> By: Sticks of Fire: a Tampa blog » storer not guilty http://sticksoffire.com/2006/08/02/video-shown-at-trial-of-robbery-victim/comment-page-1/#comment-27577 Sticks of Fire: a Tampa blog » storer not guilty Thu, 03 Aug 2006 16:48:56 +0000 http://sticksoffire.com/2006/08/02/video-shown-at-trial-of-robbery-victim/#comment-27577 [...] Lawrence Storer was found not guilty of manslaughter. [...] [...] Lawrence Storer was found not guilty of manslaughter. [...]

]]> By: dreaming http://sticksoffire.com/2006/08/02/video-shown-at-trial-of-robbery-victim/comment-page-1/#comment-27572 dreaming Thu, 03 Aug 2006 15:57:05 +0000 http://sticksoffire.com/2006/08/02/video-shown-at-trial-of-robbery-victim/#comment-27572 as i predicted: not guilty as i predicted: not guilty

]]> By: David Pinero http://sticksoffire.com/2006/08/02/video-shown-at-trial-of-robbery-victim/comment-page-1/#comment-27569 David Pinero Thu, 03 Aug 2006 14:34:20 +0000 http://sticksoffire.com/2006/08/02/video-shown-at-trial-of-robbery-victim/#comment-27569 There's no question what was done was LEGALLY wrong. The robbery was over and the store owner was safe. He may even have just gotten into his vehicle to help locate the guy (which I believe), but erupted inappropriately when he finally did. It was the prosecutor's perogative to bring charges in a legally straight society, and it should have in this case. But, that doesn't mean the jury won't concede to the emotional elements involved (I believe the paper used the term "jury pardon"), or, if they do find him guilty, that the ensuing sentencing won't reflect a degree of understanding. I notice in today's report that they made a point of conveying to the jury that he would never do such a thing again, which is sort of an obviously deliberate message to the jury that "Hey, I've learned my lesson!". There’s no question what was done was LEGALLY wrong. The robbery was over and the store owner was safe. He may even have just gotten into his vehicle to help locate the guy (which I believe), but erupted inappropriately when he finally did. It was the prosecutor’s perogative to bring charges in a legally straight society, and it should have in this case. But, that doesn’t mean the jury won’t concede to the emotional elements involved (I believe the paper used the term “jury pardon”), or, if they do find him guilty, that the ensuing sentencing won’t reflect a degree of understanding. I notice in today’s report that they made a point of conveying to the jury that he would never do such a thing again, which is sort of an obviously deliberate message to the jury that “Hey, I’ve learned my lesson!”.

]]> By: jason http://sticksoffire.com/2006/08/02/video-shown-at-trial-of-robbery-victim/comment-page-1/#comment-27463 jason Wed, 02 Aug 2006 22:07:55 +0000 http://sticksoffire.com/2006/08/02/video-shown-at-trial-of-robbery-victim/#comment-27463 They are going to be very specific with the jury though in explaining at what point it becomes criminal. In my experience as a juror the people serving tend to take it real seriously and will agonize over each word in the judges instructions. They are going to be very specific with the jury though in explaining at what point it becomes criminal. In my experience as a juror the people serving tend to take it real seriously and will agonize over each word in the judges instructions.

]]> By: dreaming http://sticksoffire.com/2006/08/02/video-shown-at-trial-of-robbery-victim/comment-page-1/#comment-27409 dreaming Wed, 02 Aug 2006 17:59:09 +0000 http://sticksoffire.com/2006/08/02/video-shown-at-trial-of-robbery-victim/#comment-27409 if you actually get a chance to pummel someone who robs you - or run him over, as the case may be - i imagine youd take it. so i foresee an acquittal. if you actually get a chance to pummel someone who robs you – or run him over, as the case may be – i imagine youd take it. so i foresee an acquittal.

]]> By: C.W. http://sticksoffire.com/2006/08/02/video-shown-at-trial-of-robbery-victim/comment-page-1/#comment-27407 C.W. Wed, 02 Aug 2006 17:33:02 +0000 http://sticksoffire.com/2006/08/02/video-shown-at-trial-of-robbery-victim/#comment-27407 Damn straight, Tommy! It's easy to second guess things like this when they don't happen to you. "Fight or flight" is a natural instinct. Standing helpless and accepting your fate is learned. Damn straight, Tommy! It’s easy to second guess things like this when they don’t happen to you. “Fight or flight” is a natural instinct. Standing helpless and accepting your fate is learned.

]]>