Quote:
Originally Posted by MTUpower
So following someone is tantamount to instigating a confrontation? It's only a confrontation if both parties one or both parties are hostile. TM was hostile- he broke GZ's nose and bloodied his head. We don't know that GZ was hostile or if he was willing/wanting to get into a physical altercation- you can be suspicious and not willing to physically engage.
On the night of July 4th after midnight I heard some close firecrackers outside. I looked outside and two 25-30YO's I did not know were in the middle of the street and then they proceeded to my neighbors car. They ducked down and light a M-80 or equivalent and threw it over his fence and into his backyard- looked like they were aiming for the house. They ran for 10 seconds and then did it again to another neighbor. I brought my phone and walked outside and followed them at about 200 yards. They did not see me; I called the LEO and described them. I had no intention of being hostile or getting into a confrontation. If there had been a third to these two who I did not notice who watched me and then circled around and surprised me ... was I the one who can be considered guilty of "instigating a confrontation"???
Was I hostile?
Your "circumstantial evidence" argument holds very little water.
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The scenario you describe bears very little resemblence to TM & GZ. Fact is TM was walking along casually when GZ spotted him and figured he looked "suspicious". Suspicious has a very different meaning for different folks.
We know from GZ's 911 call that he was under the impression that TM was up to no good; however, he had no factual basis to make that assertion. It was purely based on his instincts, which were clearly wrong. Had GZ been a real cop, he might've known he would've had to have probable cause to stop/question an individual; however, we know from the events that night that GZ indeed profiled TM, and concluded simply based on TM's physical appearance that he was a hoodlum.
Part of living in a free society is being able to walk without the fear of being harassed simply for how you look. Had someone actually witnessed TM do something illegal, then GZ (and any LEO) would have every reason to follow him and possbly search/arrest him.