Florida Legislator Wants Punishment for Murder Reduced!

Sometimes you can’t make this stuff up! Talk about truth being stranger than fiction.

On October 17th, 2019 Florida Senator Bracy (D – Orange County) filed a bill that just defies logic or common sense. While most bills are designed to try and solve some issue or address a error in past laws, this one is unique!

Florida Senate Bill 564 – Murder

General Bill by Bracy. Murder“Revising the elements of murder in the first degree and murder in the second degree; revising the elements of what constitutes felony murder, for murder in the second degree; deleting provisions relating to felony murder, for murder in the third degree; authorizing persons convicted under certain murder provisions to file a petition with the sentencing court to have his or her murder conviction vacated or to be resentenced, as applicable, on or after a specified date, etc.”

You see, Sen. Bracy thinks that if we lower the punishment for certain “types” of murders it will help to reduce the “prison overcrowding” and more “fairly” address a person’s role in a murder. What? What part of a murder is not a serious crime?

This is what he wrote to justify the bill: “WHEREAS, there is a need for statutory changes to more equitably sentence offenders in accordance with their level of involvement in homicides, and WHEREAS, it is a bedrock principle of the law and of equity that a person should be punished for his or her actions according to his or her level of individual culpability, and WHEREAS, it is necessary to amend Florida’s felony murder rule to limit convictions and subsequent sentencing so that the laws of this state fairly address the culpability of the individual and assist in the reduction of prison overcrowding, which partially results from lengthy sentences that are not commensurate with the culpability of the individual…”

Sen. Bracy wants to reduce the level of punishment for some levels of murder, if you are involved in a violent felony like robbery or sexual battery and someone is killed. In what world does that make any type of sense? It does not seem to matter to Sen. Brady that the murder rate nationally has been going down over the last 20+ years or so. Facts and reality do not seem to matter to this Senator.

Murder rate down over many years.

You have to ask yourself why in the world would anyone want to do this? What motivation would one have for wanting to reduce prison time and the seriousness of murder charges? One can only guess.

We have had a decline in the Murder rate nationwide over the last couple of decades, and it’s not by making the punishment less for murder. Maybe the good Senator should look at making other laws have more serious punishments and making enforcement a priority? Like maybe raise the level of crime for using a firearm to commit a serious crime? How about mandatory time for using a firearm in a violent felony? Instead of trying to pass meaningless firearms control laws that will do nothing to reduce murders or crimes, make the use of a firearm in a crime even more punitive!

I am sorry but this legislation is one of the stupidest things I have seen in years. Want to read it for yourself go here: http://bit.ly/2W44OXH

Man Arrested for Being Armed at Missouri Walmart. Was he wrong?

On the afternoon on August 8th, 2019 Dmitriy N. Andreychenko walked from the parking lot into a Walmart in Springfield Missouri, while wearing a tactical vest with magazine pouches, and an AR style rifle attached to a sling hanging barrel down in front of him. He recorded himself on his own cellphone walking through the store, while pushing a shopping cart.

News reports from various sources say that people seeing this began to panic and run from the store. The store manager pulled the fire alarm in an attempt to get people to leave the store itself. After the alarm was pulled Dmitriy N. Andreychenko left the store and was confronted by a armed citizen who held him at gun point until police arrived and took him into custody.

from Green County Jail

On August 9th the County Prosecutor charged Dmitriy N. Andreychenko with felony for making a “terrorist threat”:

Greene County Prosecuting Attorney Dan Patterson announces that Dimitriy N. Andreychenko, 20 years old, of Springfield, Missouri, has been charged today with making a terrorist threat in the second degree for events which occurred yesterday, August 8, 2019, at the Walmart Neighborhood Market located at 3150 W. Republic St., Springfield, Missouri.

You can read the entire Press Release and charging document here: https://drive.google.com/file/d/165aTb5POOhehqqrSEjfWiyu_jDwi7iV8/view

Now this of course happened just after the El Paso Texas Walmart mass murder. And Dmitriy N. Andreychenko told police investigators that he was arming himself because he wanted to be safe at the Walmart. Maybe in fear of a copy cat mass murderer, or like he also said, to see if Walmart honored his 2nd Amendment right.

Now this is where things get a bit sticky for many people. What this young man did is legal in Missouri. The following is from USCCA law summary for Missouri: “Open carry and concealed carry are legal in Missouri for anyone 19 years or older who can legally possess a firearm, with or without a concealed carry permit (CCP). However local authorities, such as the city of Blair, can restrict open carry, but a concealed carry permit holder is not restricted from open carry in any location where concealed carry is permitted.”

Now is where I would like the input from the firearms community and especially those who are staunch supporters of the 2nd Amendment. While what this man did was legal and within his rights, was it something that you support or would have done yourself? Was it within his rights, but poor timing? Was he just stupid? Was he well within his rights and should have been left alone? Did the previous mass murder in another state and location warrant the reaction that he got from the Walmart in Missouri?

I have to be honest that I am still trying to figure out how I feel about this one. First what he did was legal in his state. Plus I support the 2nd Amendment. How would I have reacted had I seen this happening? Should he have been charged with a felony like he was? Should the “good citizen” who held him at gun point be charged for doing so since no crime was being committed?

This event also strikes up a really good topic of conversation that I have seen talked about before and needs discussion again. While something may be legal and you may be entitled to do it at the time and place, is it a good idea to do so? Can doing something that is within your rights and legal be a poor idea?

I honestly am torn by this one. On one hand I think that if it is legal and within your rights, you should be allowed to do it without fear of arrest of reprisal from others. On the other hand I do not want to cause others to panic out of ignorance or fear.

So I ask you, the reader what do you think? What do you think should have happened or should happen to this young man?

Personally I do not think the charge they used will stand up in court and think charges will either be dropped before trial or he will be found not guilty. But then again stranger things have happened. Would I have done what he did? No of course not, I do not want to cause people to panic out of ignorance, nor do I want to chance being shot by another armed citizen or police officer out of mistake. But if I was trying to prove a point and raise public awareness I might do something like it in Florida by taking part in a open carry fishing march or such.

SO WHAT DO YOU THINK? Stupid thing to do? Poor Timing? Well within his rights and OK to do so? What are your thoughts?