State Appeals Court Tosses Jay Man’s Murder Conviction

[Deersniper270]

http://www.northescambia.com/2014/01/state-appeals-court-tosses-jay-mans-murder-conviction

I know this man personally and know the story. I wasn't at the party but I've heard the story from 10+ people who were there and I trust and their stories were all consistent. It is my personal opinion that what he did was justified self defense for himself and everyone at his home and I would've done the same.

It seems everyone has a problem with this because of race and it being in the town of Jay. His actions had nothing to do with race just a reaction to being fired upon. It seems there are Treyvon Zimmerman implications in this case but there were plenty of witnesses and all the stories were consistent.

I'm glad this was tossed and is being retried and hope the best for Robbie.

Here is the original story for those who do not know about it
http://www.northescambia.com/2011/07/robert-floyd-sentenced-to-30-years-for-shooting-brewton-teen

 

[GlockGuy]

That is good

 

[Dan1612]

But he is still in custody isn't he ? If so , that's B.S.


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[Deersniper270]

He is in jail still as far as I know. I think the case should have never made it to trial. It was clear undeniable self defense on his property. Either way aparently the jury was told he had a duty to retreat when stand your ground and castle law say you don't. They are just retrying the case for the race baiters.

 

[Dan1612]

He is in jail still as far as I know. I think the case should have never made it to trial. It was clear undeniable self defense on his property. Either way aparently the jury was told he had a duty to retreat when stand your ground and castle law say you don't. They are just retrying the case for the race baiters.

That is F*CKED up!!!


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[CCHGN]

well, this isn't over. The judge overturned the conviction, but ordered a new trial of 2nd deg murder and firing into a occupied vehicle.. The fact that the jury had been instructed that Floyd did and did not have a duty to retreat is irrelevent(on a new trial).

Now, this is my opinion and I have NO idea about anyone's race, so it's not about race: the car was driving away, he had NO right shooting into the back of the car. Had he shot the guy as soon as he fired, standing face to face, maybe.

Shoving was the instigator. If I go to an unknown party out in the middle of nowhere and am met with hostility and physical violence, you bet my gun comes out. Now, I'm defending myself against a hostile group. I get in my car and am leaving and am shot at, in the back, with a high powered rifle? That's not self defense.

This is a good one for a trial.

 

[Dan1612]

They were firing from the vehicle, doesn't matter which way they were driving. They could have driven 300 yards out and still kept shooting. Returning shots is by definition, self defense. I don't know the details, but that's how I ready it. The way I see it in my mind, I would have done the same thing to stop anyone from firing in the direction of my house, don't give a damn which way they're driving. $0.02, blah, blah...


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[CCHGN]

Yes it does matter which way they were driving. If they were driving towards him, at least he could claim self defense.

Forensic evidence will weigh heavy. Testimomy said that the gun from the vehicle fired 6 times while Floyd fired 5( and only hit twice? with a rifle? there's the real crime). Where'd the bullets hit? If they fired towards Floyd's house, there'd be bullets in the trees, vehicles, people, things in the yard, the house, etc. If there was none, the jury HAS to believe the testimony that they fired into the air.

Btw, he didn't kill the guy that was firing the gun, he killed someone else. At the very least, that's manslaughter.

 

[Ric-san]

I remember when this happened.. and the race tensions it created... Not pickin' either side, lets just hope that in the next trial justice is served

 

[Hammerlock1]

Deleted

 

[Deersniper270]

Yes it does matter which way they were driving. If they were driving towards him, at least he could claim self defense.

Forensic evidence will weigh heavy. Testimomy said that the gun from the vehicle fired 6 times while Floyd fired 5( and only hit twice? with a rifle? there's the real crime). Where'd the bullets hit? If they fired towards Floyd's house, there'd be bullets in the trees, vehicles, people, things in the yard, the house, etc. If there was none, the jury HAS to believe the testimony that they fired into the air.

Btw, he didn't kill the guy that was firing the gun, he killed someone else. At the very least, that's manslaughter.

According to the verdict of the case, the only evidence they had to convict him was that they were told he had a duty to retreat which was incorrect. Other than that there is no murder case against him.

Also, they didn't have a confrontation at the vehicle. It was at the house and they went back to their car and he stayed at the house near his truck where his gun was when they brandished their gun. He only retrieved his gun when they began to fire. Another thing is the state didn't even press charges against the guy who shot first. Why not? It is unfortunate the shooter was not shot but the shots were coming from the car and he was trying to stop the threat to protect himself and the people on his land. If the shooter did nothing wrong they would've stopped at Jay hospital and saved their friend. They knew they were wrong and kept driving which killed their friend. At least he would've had a chance if they stopped at Jay hospital or called 911 but they didn't. Why would you not want to save your friend if you did nothing wrong?

CCHGN, what would you have done in the situation? I'm not attacking you I'm just curious. Someone comes on your land uninvited and you ask them to leave and when they leave, they begin to shoot at you. What would you do?

 

[Dan1612]

The pistol shooter deserves manslaughter. The kid in jail should be home with his family.


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[Deersniper270]

The pistol shooter deserves manslaughter. The kid in jail should be home with his family.


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I'm not familiar with the distinctions between murder and manslaughter and who is at fault and stuff but it seems like there should be something in there that puts the shooter responsible for putting his friend in danger. If manslaughter is that then I agree. Either way it was the shooter who put the person who got shot in the position to be shot and killed and is ultimately responsible for his death. Not Robbie.

 

[Viking1204]

Yes it does matter which way they were driving. If they were driving towards him, at least he could claim self defense.

Forensic evidence will weigh heavy. Testimomy said that the gun from the vehicle fired 6 times while Floyd fired 5( and only hit twice? with a rifle? there's the real crime). Where'd the bullets hit? If they fired towards Floyd's house, there'd be bullets in the trees, vehicles, people, things in the yard, the house, etc. If there was none, the jury HAS to believe the testimony that they fired into the air.

Btw, he didn't kill the guy that was firing the gun, he killed someone else. At the very least, that's manslaughter.

I'm guessing this was at night and if that was the case how did Floyd know what direction the shots were being fired in. The fact that 6 shots were fired from the car whether it was leaving or not justify self defense. Sounds like the guys in the car were looking for trouble showing up at a party they weren't invited to by the owner of the house. When the owner asked them to leave and they didn't they became the instigators.

 

[CCHGN]

The pistol shooter deserves manslaughter. The kid in jail should be home with his family.


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The pistol shooter didn't kill anyone.

 

[Viking1204]

The pistol shooter didn't kill anyone.

He instigated the return fire from Floyd that resulted in a death.

 

[Dan1612]

The pistol shooter didn't kill anyone.

He got him killed through his "felonious" actions. I'm not a lawman, but I'm pretty sure that's manslaughter.


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[CCHGN]

I'm guessing this was at night and if that was the case how did Floyd know what direction the shots were being fired in.

well, now we're getting into details that non of us have, but that's taking a single detial out of contex.There's what's called mitigating circumstances

The fact that 6 shots were fired from the car whether it was leaving or not justify self defense.

Therein lies the rub, at what point was whom in a position of self defense. Like I said earlier, when the people showed up( I have to assume that someone invited them), they were met with( what they perceived as) a hostile crowd, that led to physical abuse. IMO, at that point, the guys in the car are defending themselves. They have NO idea what that group could do to them, out there at night, out in the middle of nowhere. How much alcohol was involved? How much drugs? We just don't know all the circumstances.

Sounds like the guys in the car were looking for trouble showing up at a party they weren't invited to by the owner of the house. When the owner asked them to leave and they didn't they became the instigators.

Really? How did you come to that conclusion? Would that be fact or personal bias?

Listen, I lived out in the boonies up in Ky( and out West in the desert in Yuma, Az, same thing), so I know, all there was to do out there was go out in the woods and have parties. Everybody knew about it and alot of folks showed up( which is what most parties out in the woods is about). At almost every one of those, there's folks that don't like other folks. Most of the time there's a fight( which is also a youth passtime). Sometimes knives and guns were involved. Unfortunate, but the guilty parties have to be punished. The prisons are filled with folks who didn't mean to beat the guy to death at the bar, they'd had too much to drink and was feeling bad from a fight with their wife or girlfriend, blah, blah, blah,,,,they killed someone.

 

[CCHGN]

He got him killed through his "felonious" actions. I'm not a lawman, but I'm pretty sure that's manslaughter.


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when is it a felony to shoot a gun out of the city limits?

 

[CCHGN]

Here's something no one has mentioned( but I'm sure the jury deliberated on and will again)......

ok, a revolver shoots 5-6 rounds, Floyd had a rifle, is it a bolt action or semi auto?

So the car pulls out, bang,bang,bang,bang,bang. 2 seconds. The bolt action rifle shoots, reloads, shoots, reloads, shoots, reloads, shoots, reloads, shoots. 6 seconds.

So Floyd was shooting at the car after the car shooting stopped and they were driving away.