“Shoot First, Then Cry Self-Defense”: Welcome To Florida, Where The NRA Rules And We Proudly Stand Our Ground
Don’t hold your breath waiting for the state legislature to fix Florida’s cockeyed Stand Your Ground law. The National Rifle Association owns too many of the Republican lawmakers who could end the madness.
Nothing will get done in Tallahassee as long as black kids are the ones getting shot by white guys claiming they acted in self-defense. What might eventually pressure politicians to change the law is when white guys start getting shot.
The jaw-dropping verdict in the Michael Dunn case in Jacksonville brought not a peep of outrage from GOP leaders in the House or Senate. The outcome shamefully underscored the lunacy of Stand Your Ground, and once again put Florida in the national spotlight as a gun-nut mecca.
Dunn, who is white, got into an argument over loud music with some black teenagers who were parked beside him at a gas-station convenience store. He pulled a handgun and fired into the teens’ SUV, then crouched and continued shooting as it sped away.
In all, Dunn fired 10 times. Jordan Davis, age 17, was killed.
Oddly, Dunn didn’t call the police. He checked into a motel with his girlfriend and ordered pizza. The next day he was arrested in Brevard County, where he lives.
At the trial, Dunn said he saw a shotgun being pointed at him from the SUV, and that he fired in self-defense. He also said Davis got out of the vehicle and threatened him.
No weapon was found in the SUV. Dunn’s own girlfriend testified that, contrary to his account, he never once mentioned to her that he’d seen a shotgun. Moreover, a medical examiner said Davis’ wounds indicated he’d been seated inside the vehicle, leaning back, when he was fatally struck by Dunn’s bullets.
The jury voted unanimously to convict Dunn on three counts of attempted second-degree murder for continuing to blast away at the SUV as it raced off.
However, the panel deadlocked 10-2 on the first-degree murder charge, the majority favoring conviction. Then it was 9-3.
The sticking point was Florida’s spongy self-defense law that essentially allows the use of lethal force if a person feels threatened.
True or not, practically anybody who shoots another person can say they feared for their lives, whether it’s a barroom fight, a domestic brawl or a traffic altercation. Self-defense claims in homicides have skyrocketed since 2005, when Stand Your Ground was passed.
Gang members, in particular, are big fans of the law.
No verdict was reached on the killing of Jordan Davis, so Michael Dunn is going to prison for attempting to murder the three other occupants of the car. Try to figure that one out, especially if you’re the parents of that dead teenager.
Coming less than a year after George Zimmerman was acquitted in the shooting of Trayvon Martin, another unarmed black youth, the Dunn case should have shamed legislators into action.
It hasn’t, although there’s another one looming that should bring more heat. This time the victim was white, a Navy veteran and the father of a young child.
Chad Oulson was shot to death in a Wesley Chapel movie theater by 71-year-old Curtis Reeves Jr., who’d become aggravated because Oulson was texting during previews.
The two men argued. Oulson stood up and turned around. Police said he threw popcorn at Reeves, who pulled a gun and shot Oulson in the chest. The bullet nicked the hand of Oulson’s wife.
Reeves, a retired Tampa cop, has been charged with second-degree murder. He told police was he was scared “s—less” by Oulson, whom Reeves said had struck him with a fist or some other object.
No punches are visible on surveillance video from the movie theater, and even Reeves’ wife said she didn’t see Oulson hit her husband. Reeves’ attorney said the video shows a small shiny object striking Reeves and falling to the floor.
After the popcorn was flung at him, he whipped out a .380 semiautomatic and fired point-blank. Then he sat back in his chair while Oulson died.
Oulson’s wife said Reeves had taunted her husband about using his phone even after he’d put it away. She said Chad had been texting the family babysitter to check on their daughter, who wasn’t feeling well.
This is life in Florida — guns everywhere, and laws that favor the trigger-happy. Shoot first, then cry self-defense.
Kids playing rap music too loud? Lock and load.
Some guy texting at the movies? Teach him some manners.
Don’t walk away from an argument when you can end it with a bullet. Stand your ground and hope you get the right jury.
Welcome to Planet NRA.
By: Carl Hiaasen, The National Memo, February 25, 2014
“Indefensible By Any Measure”: Ted Nugent And How The Conservative Press Can’t Hide Its Hate Streak
It’s too soon to tell whether Ted Nugent’s noxious career as a conservative pundit reached a tipping point this week, but the moment he called in sick to CNN and backed out of a scheduled interview with Erin Burnett as Republican politicians denounced him might soon be seen as a flash point for the fading rock star and the incendiary brand of hate rhetoric he’s been cashing in on for years. It might also be viewed as a key stumbling moment for the conservative media, which have been unable in recent years to establish any sort of guardrails for common decency within the realm of political debate.
Increasingly reliant on bad fringe actors like Nugent to connect with their far, far-right audience, the conservative media have built up Obama-bashing personalities who no longer occupy any corner of the American mainstream. Yet Nugent enjoys deep ties with Republican campaigns all across the country. When those ties receive media scrutiny, they cannot be defended.
National Rifle Association board member Nugent found himself at the center of a campaign controversy this week when he was invited to two public events for Texas Republican Greg Abbott, who is running for governor. Of course Nugent, a former Washington Times columnist who now writes for birther website WND, recently called President Obama a “communist-nurtured subhuman mongrel” and has a long and vivid history of launching vile attacks on women. (He’s called Hillary Clinton a “toxic c**t.”)
Following waves of condemnations for the association, and a torrent of critical media coverage, with reporters and pundits wondering why a gubernatorial candidate would voluntarily campaign with someone who spouts “insane and racist talk,” as CNN’s Jake Tapper put it, Abbott claimed he wasn’t aware of Nugent’s history of racist and misogynistic comments. If so, Abbott’s campaign staff is utterly incompetent. (The “subhuman mongrel” comment, unearthed last month by Media Matters, was highlighted by a number of outlets at the time, including on MSNBC.)
It’s likely Abbott and his staff did know about Nugent’s dark rhetoric, since that’s all he traffics in. But because that kind of hate speech has become so accepted and even celebrated within the bubble for right-wing media, they failed to see the danger of embracing it.
Following the ill-fated campaign events, which made national headlines, Abbott has defended the decision to bring Nugent to the state, claiming that in Texas politics Nugent remain popular. But if inviting Nugent to become an Abbott surrogate was so clever, why did likely Republican presidential hopeful Rand Paul step forward to denounce Nugent and his “offensive” Obama commentary?
Why did Abbott’s fellow Texan, Gov. Rick Perry “recommend” Nugent apologize? And why did Nugent back out of his CNN interview just two hours before taping?
As the media scrutiny settled on Nugent, even staunch conservative Republicans have been unable to defend him — his commentary over the years is just too vile. If the Abbott campaign didn’t directly insist on the CNN cancellation (Nugent cited illness), it’s fair to say his aides were greatly relieved that Nugent didn’t fuel the story for another 24-hour news cycle via an extended CNN interview where no doubt more confused Nazi analogies would have been aired. (CNN’s Wolf Blitzer had already condemned Nugent’s comments, noting that the phrase “subhuman mongrel” bore resemblance to “untermensch,” which is “what the Nazis called Jews … to justify the genocide of the Jewish community.”)
And then there was Fox News, Nugent’s longtime ally in the pursuit of Obama demagoguery, and where just last month Bill O’Reilly welcomed Nugent. As Abbott’s self-inflicted wound deepened this week, and as news outlets all across the country addressed the clumsy campaign association, Fox News went silent. Not only refusing to defend Nugent, Fox wouldn’t even cover the burgeoning controversy.
The network — which was happy to give Nugent a softball interview just two weeks ago — still hasn’t mentioned the firestorm over his campaigning with Abbott.
Ted Nugent has been practicing his brand of openly vile hate for a very long time. And with each passing year of the Obama administration he’s been welcomed deeper and deeper into the heart of the conservative media machine. This week’s Abbott uproar was instructive in that the bright spotlight shone on Nugent helped remind people just how radical, dangerous and out of touch that movement has become, and how that hate cannot be hidden.
By: Eric Boehlert, Media Matters for America, February 21, 2014
“New Study Makes The Case For Gun Control”: The Strongest Evidence We Have That Background Checks Really Matter
During last year’s battle over gun control, the pro-gun side did more than passionately invoke the Second Amendment: They claimed that gun control doesn’t work. Sometimes even the reformers, surveying the limited impact of legislation from the 1990s, feared the same. But a new study on universal background checks makes the strongest case yet that the policy saves lives. “This is probably the strongest evidence we have that background checks really matter,” said Philip Cook, a gun expert at Duke’s Sanford School of Public Policy.
The study, from the Johns Hopkins Center for Gun Policy and Research, found the murder rate in Missouri jumped 16 percent—an additional 55 to 63 murders a year—after the repeal in 2007 of a state law that required anyone purchasing a handgun to obtain a permit showing they had passed a background check. (Though federal law mandates background checks by licensed dealers, private dealers don’t have to perform them in all but 14 states.) “This study provides compelling confirmation that weaknesses in firearm laws lead to deaths from gun violence,” said Daniel Webster, the study’s lead author, in a statement.
Since this is only a single study, “it’s just suggestive,” warned David Hemenway of Harvard’s School of Public Health. It is “another piece of evidence that is consistent with the bulk of the literature, which shows where there are fewer guns, there are fewer problems… But you want eight more studies that say background checks really matter.”
And the study isn’t perfect: Missouri also enacted a “stand your ground” law in 2007, creating some challenges in disentangling the effects. But Cook said he is confident that background checks played a major role because the authors tracked an increase in guns that went directly from dealers to criminals—exactly the scenario background checks are designed to prevent. The study also notes an uptick in guns “purchased in Missouri that were subsequently recovered by police in border states that retained their [permit-to-purchase] laws.”
The findings at least begin to fill a gap in the research that last year’s debate exposed. Mayors Against Illegal Guns, Michael Bloomberg’s gun control group, found that the shortage of data stems from a shortage of funding—especially federal funding. In 1996, the National Rifle Association and the gun lobby pushed Congress to eliminate the $2.6 million appropriation that underwrote the Center for Disease Control’s research on firearm injuries. President Barack Obama ended the funding freeze last year, and Garen Wintemute, director of the Violence Research Program at the University of California, Davis, told NBC that private funding for gun research has also spiked with the shooting of Congresswoman Gabrielle Giffords and other high-profile acts of violence.
So why hasn’t the new finding gotten much attention? “I don’t mean to diminish the value of the study, but I don’t think it could have made a difference last year, and I don’t think it will now,” said Tom Diaz, a former policy analyst at the Violence Policy Center. He called the finding “very clear,” but added: “The debate is just unhinged from the facts.”
As the study notes, 89 percent of Americans, and 84 percent of gun owners, supported universal background checks in 2013, before this study bolstered the argument for them. But that’s just one more reason for Congress to pick up the issue again—that, and a new analysis last week which found there have been 44 school shootings since the one at Sandy Hook Elementary School in Newtown, Connecticut.
By: Nora Caplan-Bricker, The New Republic, February 19, 2014
“Repeal Stand-Your-Ground Laws”: We Shouldn’t Have To Wait For Another Death And Controversial Trial
The law is supposed to solve problems, not create them. Laws should provide as much clarity as possible, not expand the realms of ambiguity and subjectivity. Laws ought to bring about the practical results their promoters claim they’ll achieve. And at its best, the law can help us to live together more harmoniously.
By all these measures, “stand your ground” laws are a failure. These statutes make the already difficult task of jurors even harder. They aggravate mistrust across racial lines. They appear to increase, rather than decrease, crime.
We should not have had to go through another racially charged trial in Florida to learn all this. Writing online for The Post, Mark Berman offered a succinct account of the facts of the Michael Dunn case that has aroused so much legitimate passion.
“In November 2012, Michael Dunn shot 17-year-old Jordan Davis in a Jacksonville, Fla., gas station parking lot. Dunn had approached a Dodge Durango holding Davis and three other teenagers and asked them to turn down their music. . . . An argument developed, and Dunn fired 10 times at the vehicle, including multiple shots fired as it pulled away.
“Davis died almost immediately after he was hit. . . . Dunn, who was in town for a wedding, returned to his hotel and drove back home to Brevard County the following morning; he was arrested later that day.” Dunn said he saw a shotgun in the Durango, but there was no evidence of one.
Dunn was convicted on three counts of attempted second-degree murder, but the jury hung on the first-degree murder charge brought in connection with Davis’s death.
The verdict came seven months after George Zimmerman was acquitted in the Sanford, Fla., killing of Trayvon Martin in another case where the stand-your-ground law was at issue. Both Martin and Davis were black teenagers. Should it surprise anyone that many African Americans fear that the law does not protect young males of color when they find themselves in confrontations with whites?
We shouldn’t fault the Dunn jury, which seemed to struggle to reach a just outcome. Unlike Zimmerman, the 47-year-old Dunn was not acquitted and could spend the rest of his life in prison. The jury clearly saw no justification for his firing at a fleeing car. But the stand-your-ground law undoubtedly sowed confusion on the murder count.
Supporters of the law say it was technically not at issue in the case, but this overlooks the obvious role it played in the trial. Cory Strolla, Dunn’s lawyer, mentioned it in his closing argument: “His honor will further tell you,” Strolla said, “that if Michael Dunn was in a public place where he had a legal right to be, he had no duty to retreat and had the right to stand his ground and meet force with force, including deadly force.” The judge, Russell L. Healey, was required to read the relevant stand-your-ground provisions to the jury.
Florida’s statute allows someone to use force if he or she “reasonably believes that such conduct is necessary to defend himself or herself or another against the other’s imminent use of unlawful force.” The “reasonable belief” standard is not unique to stand-your-ground laws, but it opens a vast loophole for extreme subjectivity when it is applied in conjunction with them. This has created problems that even the law’s supporters should acknowledge.
A comprehensive 2012 examination of the law by the Tampa Bay Times concluded: “Seven years since it was passed, Florida’s ‘stand your ground’ law is being invoked with unexpected frequency, in ways no one imagined, to free killers and violent attackers whose self-defense claims seem questionable at best.” The law, the Times reporters wrote, has “confused judges” and has “allowed drug dealers to avoid murder charges and gang members to walk free.”
A study by two Texas A&M economists found that such laws “do not deter burglary, robbery, or aggravated assault” but do “lead to a statistically significant 8 percent net increase in the number of reported murders and non-negligent manslaughters.”
Stand-your-ground laws shift the balance of power on the streets to those who carry weapons. They thus provide an incentive for everyone to be armed, which is why the National Rifle Association has pressured legislatures in some two dozen states to enact them. We shouldn’t have to wait for another death and controversial trial to recognize that this is a poor reason for laws that cause such palpable harm. It’s time to repeal them.
By: E. J. Dionne, Jr., Opinion Writer, The Washington Post, February 20, 2014
“After Background Checks Were Scrapped In Missouri”: Confirmation That Weaknesses In Firearm Laws Lead To Deaths From Gun Violence
In recent years, advocates of gun reforms have pushed for expanded background checks, arguing that such measures, including closing the gun-show loophole, would improve public safety and reduce gun violence.
On the other end of the policy spectrum is Missouri, which had a background-check system before it was repealed in 2007. The Johns Hopkins Bloomberg School of Public Health took a closer look at the impact on public safety in the state after the policy change, and the Washington Post’s Niraj Chokshi helped summarize the results.
The law’s repeal was correlated with a 23 percent spike in firearm homicide rates, or an additional 55 to 63 murders annually from 2008 to 2012, according to the study conducted by researchers with the Johns Hopkins Center for Gun Policy and Research and to be published in the Journal of Urban Health.
“This study provides compelling confirmation that weaknesses in firearm laws lead to deaths from gun violence,” Daniel Webster, director of the Johns Hopkins Center for Gun Policy and Research and the study’s lead author, said in a news release. “There is strong evidence to support the idea that the repeal of Missouri’s handgun purchaser licensing law contributed to dozens of additional murders in Missouri each year since the law was changed.”
For context, note that there was no comparable increase at the national level – in other words, it’s not like Missouri saw a spike because everyone nationwide was seeing a spike – and more to the point, the eight states that border Missouri also did not experience a similar increase.
That said, the states surrounding Missouri were affected.
From Chokshi’s report:
Police in border states that kept such laws reported a big spike in guns bought in Missouri that had been diverted to criminals. In 2009, Missouri exported 136 guns to neighboring Illinois and 78 to neighboring Kansas, according to data collected by the Bureau of Alcohol, Tobacco, Firearms and Explosives and compiled by Mayors Against Illegal Guns.
When Senate Republicans killed a bipartisan background-check proposal last year, considered in the wake of the Sandy Hook massacre, one of the more common refrains from opponents of reform was that background checks just don’t make a lot of difference. Even if proponents are well intentioned, the process itself is a feel-good measure with little real-world implications.
The data out of Missouri appears to point in a very different direction.
By: Steve Benen, The Maddow Blog, February 18, 2014
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