The official court ruling is interesting and has a good summary of how the court viewed the incident
* They never quite figured out what the guy said to make Joe turn around.
* The court describes Joe as unagressive and the victim as at fault for making a "feinting gesture"
Schilling was at the restaurant dining with a friend and colleague, Jamie Gall.
Ms. Gall noticed when Balboa entered the restaurant. He was boisterous and calling attention to himself. Balboa, who was celebrating a recent promotion, was admittedly drinking, singing, dancing and walking around the restaurant. He had a few beers, as well as a "good" or "decent" amount of shots.
At one point during the night, Balboa went up to Schilling and Gall's table. Balboa, a recreational boxer, testified that he did not know who Schilling was before that night. Ms. Gall, however, testified that she hear Balboa say something about fighting to Schilling. After a brief exchange, they asked Balboa to leave and he complied.
Later that evening, Schilling stepped outside to smoke. When he was returning to his table, Balboa, who was admittedly intoxicated at that point, stumbled into Schilling. The video taken by Ms. Gall shows that Balboa apologized without looking at Schilling, and Schilling acknowledged the apology while continuing to walk back to his table. For some undetermined reason, Balboa calls out to Schilling. Schilling turns around and looks at Balboa in an unaggressive stance. Schilling's feet were shoulder width apart and his hands were at his side. Balboa makes a feinting gesture towards Schilling. Schilling, who testified that he learned to anticipate punches as part of his training, instantly responded with two quick punches. Balboa fell to the floor unconscious.
Schilling testified that he thought he was about to be punched by Balboa. Once he believed the threat was neutralized, Schilling returned to his table, paid the bill and left the restaurant.
Under Florida's Stand Your Ground law, "[a] person is justified in using ... deadly force if he or she reasonably believes that using... such force is necessary to prevent imminent death or great bodily harm to himself." A person who uses such deadly force "is immune from criminal prosecution" for the use of force. "Section 776.032(1) expressly grants defendants a substantive right to not be arrested, detained, charged, or prosecuted as a result of the use of legally justified force."
The Court must evaluate not whether Schilling's actions were necessary to prevent imminent death or great bodily harm to himself, but rather, whether Schilling reasonably believed that using such force was necessary to prevent imminent death or great bodily harm.
Based upon a totality of circumstances and the facts presented at the evidentiary hearing, the Court finds that Schilling reasonably believed that Balboa posed a threat of great bodily harm to himself. The Court further finds that Schilling used only such force necessary to neutralize the threat, and is therefore entitled to immunity
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Really questionable what should be enough for a "feinting gesture". I don't think it was that bad cause his hands were down.
But one thing that this text clarifies is that it had nothing to do with the words being said, or with who walked up to who. It was all about the "gesture" just before the KO.
