Quote (Saucisson6000 @ Mar 30 2019 04:54am)
This agressor coud get an head shot with "Stand your ground" legislation, which is valid in Ohio btw btw bang bang
eh, would be kind of grey area. In general, the only difference that 'stand your ground' makes is that you don't have a duty to retreat from a situation that you reasonably know could turn deadly. Once you're already being attacked and on the ground like that, you can open fire in
any state, stand your ground or not, and it would be self-defense. So all the 'stand your ground' difference is that without it, there's an extra hurdle that you could be arrested even if it was self-defense at the moment you shot, if you previously had an opportunity to flee when the situation looked dangerous- only if the danger was foreseeable and not if you were protecting others.
in this case, the guy trying to hold onto his protest sign and stop the bicycle would not necessarily create a duty to retreat because the encounter wasn't violent at that point. The suddenly the other guy turns around and goes apeshit, which wasn't foreseeable. And at that point its too late, there's a self defense claim. However, whether that would merit
lethal self-defense is still grey area in any state, duty to retreat irregardless.
Personally I think the framing of "stand your ground laws" is itself disingenous and misrepresents the issue. It should really be "duty to retreat" vs "non-duty to retreat" states. Because duty to retreat laws create an additional hurdle before a self defense claim that doesn't originate in basic common law. "stand your ground" just removes that hurdle.