OC Killer Wants George Zimmerman-Like Stand Your Ground Protection

josephdiazmug.jpg
Diaz
Santa Ana's Joseph Felix Diaz hoped that California's version of a "Stand Your Ground" law would save him from a hefty prison trip.

In Oct. 2010, three men--including driver Faustino Armenta--threw a beer bottle from their van at Diaz, who was riding a bicycle. Armenta got out holding a bottle and chased Diaz, who was by then also on foot, down streets when a face-off occurred.

But it wasn't a fair fight.

Armenta threw his bottle at Diaz, who fired several gunshots in return.

Diaz testified that he fired because he feared Armenta was armed with a gun too.

But Armenta ran in the opposite direction and Diaz gave chase. When Armenta tripped and fell, Diaz fired three blasts, two of them causing fatal wounds.

On appeal of his murder conviction, Diaz claimed Orange County Superior Court Judge Daniel Barrett McNerney should have corrected the trial prosecutor's "incorrect" closing statement that, "The law says he [Diaz] is not required to retreat. He doesn't have to run away. If he's facing deadly force, he doesn't have to run away. But . . . you don't get to pursue. You don't get to pursue when you're not looking at any sort of deadly force."

On July 31, a three-judge panel at the California Court of Appeal in Santa Ana ruled that McNerney had no obligation to correct the closing argument because the prosecutor "did not make an incorrect statement of law."

Upshot: Diaz, 30, will continue to serve his 50 years to life punishment inside Corcoran State Prison.

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Email: rscottmoxley@ocweekly.com. Twitter: @RScottMoxley.


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11 comments
basketcase
basketcase

Dear author of this story, get your story straight, Mr. George Zimmerman (who is a Latino by the way), DID NOT use the so called "stand your ground defense," he used a simple "self-defense." 
If you are looking for a catchy headline for a story on this topic, how about you write a story about how George Zimmerman took a black woman as his prom date in high school and has black relatives, yet was incorrectly branded as a white racist.   It is also very telling that the press if focusing on this stand your ground law, yet he did not use it. 

JGlanton
JGlanton topcommenter

Moxley and OCWeekly connect "Stand Your Ground" to Zimmerman because:

1) They know that it had nothing to do with the trial but they just wrote the headline for ratings.

2)  They figure it is true from pop culture rumors and too lazy to check facts

3)  This is what everyone believes around the coffee machine at OCW, so it must be true.

4)  Obama and Al Sharpton did it, so can we.

paullucas714
paullucas714 topcommenter

if this guy was white he wouldn't have been convicted. In fact he'd probably be hailed as a hero.

sweetliberty17761776
sweetliberty17761776 topcommenter

Well if your going to bring GZ in to this 


then any time a black person does wrong its a Trayvon like person


stop the racism


become part of the solution 

rscottmoxley
rscottmoxley topcommenter

@JGlanton Congratulations! You've penned something like 49 consecutive inane comments. Please tell us that at least one in the next 50 won't make your mental machinations look embarrassingly clueless.

vegandawg23
vegandawg23 topcommenter

@paullucas714 Maybe. Don't know. Think the lib idiots who run this state would have tried to railroad an innocent gunowner for daring to carry a gun. This guy is a hero. No way he should have been convicted of anything. You stupid idiots think you can throw bottles at people riding bikes?!? Then bum rush them and nothing is gonna happen to you!? I don't care what some crap on a piece of paper says, lots of cyclists carry and if you go around attacking people you're not long for this world. This is a travesty of justice that he was even charged.

vegandawg23
vegandawg23 topcommenter

@rscottmoxley @JGlanton He's right. It was a straight up self defense case. Stand your ground had nothing to do with it. Defense didn't bother using it as they knew self defense would stand up on it's own. Which it did easily.

vegandawg23
vegandawg23 topcommenter

@rscottmoxley @vegandawg23 @JGlanton Oh jesus. Your ad hominems don't change the fact that zimmerman never used stand your ground as a defense. It's all you have to offer as you've made no logical arguments why Zimmerman or this guy mentioned should be in jail. Throwing a bottle at someone is assault and can cause bodily harm. Guy did the right thing by shooting them and none of your inane "mental machinations" is gonna change that fact. The jury that convicted this mexican was either racist or retarded. 

rscottmoxley
rscottmoxley topcommenter

@vegandawg23 @rscottmoxley @JGlanton @punksneedpunishment  Sorry, boys. I never declared that Zimmerman relied on "stand your ground" laws in his case. (And, you, veganpuppydog, habitually fail to demonstrate basic, grade school reading comprehension, which makes me understand why you bark hiding behind a fake name.) What I wrote was that in the Santa Ana murder case mentioned above, the defendant hoped to use a "stand your ground" law in California. You can lie to the contrary, but that doesn't change the fact that the issue was prominently raised early and late in the Zimmerman case. Given that you three boys were probably snoozing through your basic Algebra classes, you may not know that one of the Zimmerman jurors appeared on CNN after the verdict and named Florida's "stand your ground" law as a reason she could not find George Z. guilty. (This was widely reportedly to exhaustion for days--even weeks, though it's clear the info didn't penetrate any of your skulls.) Please don't expect me to school you every week.

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