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WWL>Topics>>1-14 6:45am Tommy, movie theater shooting

1-14 6:45am Tommy, movie theater shooting

Jan 14, 2014|

Tommy talks to Dane Ciolino, a Professor of Law at Loyola, about whether the shooter could claim Stand Your Ground

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Automatically Generated Transcript (may not be 100% accurate)

Tommy Tucker talking about this. Bizarre tragic incident and a Florida theater. Argument over texting. Leads to a seven and one year old retired police captain pulling out his gun. She wouldn't and kill and the guy in front of him after he throws popcorn. We're asking you is -- a gun problem issue a cell -- issue is on the Nelson. 70% vast majority -- -- announced 22% saying guns and 9% saying cellphones. And then there's an interest in the text that comes in here. That says. It starts with the guy texting in the movie theater and escalates until the texting guy throws popcorn at the old guy old guy shoots him. The old guy had gone a management -- did nothing then they should also shoulder some of the blame along with the young and old guy. More -- instant gratification society where it's all about me and when it escalates you'd just know where it's gonna end. Sad for all involved at some -- and -- know joins us right now professor of law at Loyola prominent attorney in the city to. Help us sort all of this out good morning -- or are good thanks for taking the time -- this I guess a lot of this. Hinges on Florida law and -- stand your ground commander in this. Well it it's as simple self defense is only possible justification that they -- former police officer with an opportunity would be self defense. And in order of that to believe possible and he went after -- -- their use of course with reasonable and necessary under all circumstances. I would imagine that there and he -- -- -- -- have a -- time when that when. And he was only dealing with what popcorn don't. Does is -- a -- of the guys say you know. And we don't know what was said but if -- got the -- points at all man gonna beat you to death if you don't sit down -- worries it's something along those lines. It does that then we'll play a fall in the stand your ground are reasonable threat of force. Look what you get in your ground it get to. A situation where -- -- -- -- To to protect yourself. It's just so hard to come up with -- any kind of scenario where where that it is. That's going to be the case. And -- -- one way to professor at. If the guy says we don't know of any of this is true understand if the guy with the popcorn mortars -- when this movie's over -- -- beat to death does that rise the level. Well probably not because -- But threatened or and sometimes the electorate not on the -- or not that there are reports that not so. Can't even imagine network. The shooter sent this opportunity. And cold blooded murder was just blood and ought to. And it doesn't get it currently get him it is more -- that and I can't imagine that network. When -- dumb question before I let you go on and appreciate you tolerate needs dumb questions. -- he should be a teacher the way families await you mark. And what what about if did that the older man 71. Either you know as life testifies there's family comes it is Aden testifies and says well you know. He was showing signs of dementia. He's getting old might have alzheimer's among these silence. Well that was well. And and the culture. It could it could. The -- an insanity. Defense as well it is but. Under the -- that we know them. It looked like to take them of the department audit committee on. And I would presume in that instance there would have to be some kind of medical history of this you can't you couldn't just say -- not so much wrong with. A successful ballot pension company more than just the claim that he was somewhat in the EU would need -- -- -- that he. Our expert testimony that that -- will be that cause him to. And then the entire -- typical. -- mineral I don't know lottery is if I do that legally in the lottery. Let -- and thank you sir appreciate. Your.