From LI: FL Appellate Court Grants Self Defense Immunity To Black Defender

What is interesting to me, is in part, that Gabriel Mobley is black.  Not so much because he is black, but because I have read about this case numerous times in my research.  I have even written a little about it.   This is the first time that it has been mentioned that the concealed carry permit holder was a law abiding black man.   It almost seems as if that role is not allowed in the old media.    Of course, that it is the "progressives" that refuse to hold up the Supreme Court Justice, Clarence Thomas, or the Secretary of State, Condolezza Rice, as role models for Black children.   Why?  Because they are conservatives, of course.  I ssupect the same applies to a Black man who legitimately defends himself with a gun.

The evening of February 27, 2008, in the Miami area, Gabriel Mobley and a friend were viciously attacked by two men. Using his licensed concealed carry pistol, Mr. Mobley successfully fought off the attack, killing both of the aggressors. He was charged with two counts of second degree murder – murder which, under Florida law, requires “malice”.

Mobley exercised his rights under Florida’s self-defense immunity state, 776.032 Immunity from criminal prosecution and civil action for justifiable use of force, to avoid going to trial on the basis that it was more likely than not, based on the evidence, that he acted in lawful self-defense.

The trial judge, Thomas Rebull, refused to dismiss the charges. He claimed that Mobley’s testimony was not credible, and that Mobley’s deadly force was “neither reasonable or necessary.” Mobley appealed.

On Thursday, the Florida appellate court hearing the matter ruled by 2-1 that the evidence supported Mobley’s request for self-defense immunity. (The State prosecutors say they intend to appeal that ruling.)

The appellate ruling published Thursday in support of Mobley recounted the facts of the case as follows:

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