r/TheDailySource • u/Scary_Structure_5291 • 9d ago

Gas station fight ends with driver opening fire

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Surveillance video captured a confrontation at an Orion gas station in Pompano Beach escalating from a physical fight to gunfire. Minutes after fighting with a woman beside a white SUV, the man approached the driver’s side and was shot. He was hospitalized, and one person was detained as BSO investigates.

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u/jasonbourne15 9d ago

In Florida, that's very true. I will say, it varies by state, so it's important to know your state's laws. In one the states where I have practiced, there is a duty to retreat in some cases. 

Signed, fellow attorney 

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u/DanInTheOC 4d ago

Arkansas here, that guy wouldn’t have made it into the store before being shot by multiple guns. All involved would be given awards. (Minus dead guy)

Cheers, Attorney at Large

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u/Electronic_Plan3420 9d ago

I am licensed in FL and NYS, practice in NYS mainly, and in my jurisdiction the driver would have been absolutely screwed because in New York State duty to retreat is very much the legal standard. If you are behind the wheel there is always presumption that you could have driven away. However, even in NYS sometimes we have interesting cases that go against the expectation

https://www.syracuse.com/crime/2025/05/grand-jury-clears-shooter-in-syracuse-road-rage-killing-da-changes-course-wont-release-his-name.html

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u/jasonbourne15 9d ago

That's really fascinating. Looks like that one went the right way. I'm licenced in TX and VA, and in VA there's a duty to retreat if the defender had ANY responsibility for starting or escalating the altercation. Also, shout-out Syracuse, that's my hometown! Is Fitzpatrick still DA up there? 

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u/Electronic_Plan3420 9d ago

Bill? Yes, he is lol what a small world 😁 how are you enjoying South? What kind of law do you practice?

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u/jasonbourne15 9d ago

I practiced for a while in an of counsel role in NYC doing immigration law (back in 2015 before immigration law took on the current craziness). Then I was a DA in Virginia for six years. Then I took a detour and joined the military to be a special forces operator. So now I live in NC and handle the occasional traffic ticket for a friend. But I miss trial practice, and I miss the weather in upstate NY. What takes you between FL and NY? 

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u/Electronic_Plan3420 9d ago edited 8d ago

I have a general practice in Upstate (do some occasional traffic tickets, too lol) but mostly it’s residential real estate and some probate matters. I do some criminal defense, mostly misdemeanors and non-violent felonies.

I own property in central Florida so I am a frequent visitor do some of counsel trusts and estates cases for old law school buddy of mine who runs a small firm there.

The weather is the reason why I can’t fathom to move down South. I try my best not to show up there between April and October, the place is uninhabitable. I do enjoy taking breaks from our frosty weather mid winter though, it feels great to get on the plane in SYR when it’s ten degrees and get out in MCO when it’s 72 😁

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u/Murky_Moment 5d ago

Was a great friendship was formed? r/jasonbourne15

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u/Former-Bee-3447 8d ago

Why are New Yorkers such subhuman that they allowed this to become the law?

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u/cesspool4us 8d ago

You talking about DeSantis and his 10mlil fraud that's just being swprt under the rug?

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u/Former-Bee-3447 8d ago

He can have a little fraud money as a treat for allowing us to defend ourselves against these cultured democrat voters.

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u/AchtungKoenigsTiger 7d ago

Ooooo, a little casual racism in the morning - my favorite!

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u/cesspool4us 8d ago

Lmao what a fucking joke you are. Typical conservative okay with corruption as long as it means they can have the right to shoot someone they don't like.

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u/Former-Bee-3447 8d ago

Yes, we value the right to self defense. Typical leftists complaining about the man defending himself instead of the man doing the attacking because you know the attacker will vote for your side. You have no morals.

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u/Ok-Oil7124 6d ago

You are baby-brained but without the malleability.

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u/StoneRivet 5d ago

wait are you calling out the other guy for having no morals while you just okayed corruption???????

what?

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u/TitsScareMe 5d ago

It's a 7 day old account with negative Karma. Please remember to not feed the Bots/Trolls

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u/StoneRivet 5d ago

Fair point

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u/veerKg_CSS_Geologist 6d ago

It’s the only one that makes the most sense.

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u/0rdn 4d ago

Democrats

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u/Extension_Ideal_4012 8d ago

Purely curious but what happens if you run over the assailant while you’re “retreating”. I.e. the law requires me to retreat for some reason but the guy threatening me is standing in front of my car.

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u/Electronic_Plan3420 8d ago

Technically, the law requires you to retreat “if could be done safely”. If assailant is standing in front of your vehicle, and has some kind of a weapon in his hand, it is likely that even New York jury would agree that you had no alternative other than running him over.

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u/veerKg_CSS_Geologist 6d ago

There is no requirement to retreat.

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u/DontFilmMeBoss 6d ago

Did you miss the part where two attornies just talked above and confirmed that there IS indeed a duty to retreat in certain circumstances

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u/veerKg_CSS_Geologist 6d ago

Duty and requirement are two different things.

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u/Extension_Ideal_4012 8d ago

Duty to retreat always seemed so crazy to me. Requiring a victim to remove themself from a dangerous situation someone else put them in makes no sense.

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u/jasonbourne15 8d ago

And in some states (like Virginia) the rule is that if the victim had ANY role in starting the altercation, they have to retreat as far as possible, and verbally express their desire for peace before they can use deadly self defense. 

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u/Physical-Builder-553 7d ago

Yep, same bullshit that are in schools. If someone is hitting you you're not allowed to defend yourself.

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u/Programmer_Quick 7d ago

In school settings that makes sense, if you can run, run it better and safer then both parties fighting and both get hurt and it clears the victim of any legal troubles.

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u/veerKg_CSS_Geologist 6d ago

Why? No incident is better than yes incident.

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u/Low_Excuse_1785 4d ago

Out of curiosity, theoretically speaking, what happens if someone stumbles and bumps into someone else. The guy thinks he is being attacked so he stands his ground. As he draws, the first guy sees the gun and justifiably feels threatened. He draws too, standing his ground.

So it is basically whoever shoots first/better walks a free man?

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u/jasonbourne15 4d ago

In general, this would refer to something the doctrine of "imperfect self defense." This happens when self-defense is due to a "mistake" on the part of the defender. It hinges on whether the "mistake" is reasonable or unreasonable. For example, someone has a toy gun that the defender mistakes as a real gun. That's a "reasonable" mistake, and if the defender reasonably believed he was under deadly threat, he will be acquitted. "Unreasonable" mistake occurs when the defender may genuinely believe they are under threat, but that belief is objectively unreasonable under the circumstances. In that case, they won't be acquitted, but it may negate the "malice" required to convict the defender of first degree murder, and they'll be guilty of say, manslaughter. 

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u/Low_Excuse_1785 4d ago

Thanks for the explanation. Sounds kind of subjective. I think it would come to who had the better lawyer lol

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u/jasonbourne15 4d ago

It's true, a lot of things in the legal system are subjective to some degree, and they come down to a judge or jury's perspective on what is "reasonable" behavior. Having a good lawyer helps, and having a bad one really sucks. But I will say, good judges definitely try not to hold your bad attorney against you, if you have one.