If Mr. Waldman were sincerely in fear of his life and believed that his personal safety were in jeopardy becau
se others would produce a firearm to the scene of the fight, then he could guard merely negateed being present at the scene. Instead, he took the jurisprudence into his own hands by bringing a loaded firearm to the scene, a firearm which he made the conclusion to fire and aim at another individual. When Mr.
Waldman fired the shotgun into the air and then pointed it at Mr. Hunter, he was guilty of assault with a deadly weapon. Further, his actions put the safety of others in jeopardy, so that when Mr. Alonzo leapt the fence with his own loaded firearm he was playacting in defense of his friend, Mr. Hunter. At this point, Mr. Waldman took the loaded firearm, pointed it at Mr. Sheridan's head, and then fired a round that hit Mr. Sheridan in the torso. The defense has already told you that Mr. Waldman is "not a stupid person" and that he is "a smart person", State v. Waldman, DCA 3d 5678 (Fla. 2003).
A "smart person" does not take a loaded firearm to a fist-fight if he believes others there will have a loaded firearm. Instead, a "smart person" would avoid the scene and contact law enforcement officials if, indeed, he were in fear of his safety. Instead, Mr. Waldman took it upon himself to use a loaded weapon to control the incident, a weapon he fired first, a weapon he first pointed at other individuals, and a w
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