Michael Foster found guilty of tackling Walmart Shopper with CWP.

Tampa, Florida — A 43-year-old man was found guilty of tackling another man who was legally carrying a firearm in a Walmart, in a case caught by surveillance video.

A jury found Michael Foster guilty of battery on Tuesday. His sentencing is scheduled for May.

Shopper guilty in tackling of man with gun at Walmart.

According to what I found online, depending on what kind of battery he was found guilty of, Mr Foster could be facing one of three flavors

  • Simple battery is a first degree misdemeanor, for which the state can request a sentence of imprisonment lasting up to one year and a fine that cannot exceed $1,000.
  • Felony battery is a third degree felony, which can lead to a sentence of imprisonment for up to five years and a fine in an amount up to $5,000.
  • Aggravated battery is second degree felony, for which the defendant might receive a sentence of imprisonment lasting up to fifteen years and a fine in an amount up to $10,000.

As far a I was able to find online, Mr. Foster has been a law-abiding citizen. I cannot speak for Mr. Daniels, but I do hope he gets just simple battery without jail time, just the fine. If there was no malice in Mr. Foster’s actions, he should not have his life ruined by a felony conviction.

Hat tip to Sean Sorrentino.

 

23 Replies to “Michael Foster found guilty of tackling Walmart Shopper with CWP.”

  1. Miguel, You are far kinder than I. I would like to see Mr. Foster serve the max, all 15 years. I am tired of seeing the “I will kill everyone not in a uniform with a gun because I think they are just about to commit mass murder” bullshit from the anti-gunners. If Mr. Foster gets the minimum, it will tell the anti-gunners that if they beat up CCW permit holders, and managed not to get shot in the process, the law won’t come down hard on them. A max sentence might just convince a few anti-gun nutjobs to leave well enough alone.




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  2. I’m no Social Justice Warrior, but even I can not help thinking that the assault probably had a racist motivation as well.

    Throw the book at him.




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  3. I think he should do the whole 15 years. Tackling someone that is not a obvious threat. And then to take his gun and pass it to someone else. This is a reason that situational awareness is so important. If he had been aware of his surroundings, the idiot would have had 3 rounds to the chest before he got that close.




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  4. For Felony Battery: The defendant, in committing the battery, caused great bodily harm, permanent disability, or permanent disfigurement to the alleged victim.
    For Aggravated Battery: Same as Felony Battery, OR used a deadly weapon in committing the battery.
    (from http://www.husseinandwebber.com/crimes/violent-crimes/)

    So, from my non-lawyer reading of this, it is Simple (misdemeanor) battery.
    I have not read of Mr. Daniels having any great or permanent damage from the strangle / take-down, like serious neck or back injuries, but at his age… maybe.

    “Simple or misdemeanor battery is classified as a first degree misdemeanor in Florida. Thus, the penalties can include up to a year in jail, or a probationary sentence not to exceed one year. Unlike other misdemeanors, prosecutors in Florida do frequently seek jail sentences or probation sentences for even first time battery offenders.”




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  5. A few weeks or months in the local jail would remind Mr. Foster and his friends that such actions are frowned upon by the citizens of Florida. He is lucky that no one was seriously hurt, especially Mr. Foster.

    Stupid Violent acts against strangers deserve jail time.




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  6. Pingback: SayUncle » Good
  7. Enough of a conviction to make him an improper person, and he should serve the time. Then he’d better think twice about grabbing another gun lest he be found in possession. And what’s this “fine” crap? That money should go to the victim.




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  8. “Tackling someone that is not a obvious threat. And then to take his gun and pass it to someone else.”

    Wait. He actually did get the guy’s gun?

    I can’t speak for FL, but in VA that could definitely be felony robbery (“by other violence to the person”), plus grand larceny (“larceny from the person of another of money or other thing of value of $5 or more” and “simple larceny […] of any firearm, regardless of the firearm’s value”).

    I would definitely be pushing for the prosecutor to go for both, plus the battery charge.




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      1. Ah, I see. I thought the tackler took the gun and handed it off, not that someone else (who didn’t know what was really going on) took it. That is different.

        In that case, it sounds like simple battery would be the strongest charge they could bring.




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  9. It was Misdemeanor Battery. Case Summary sheet can be found at http://pubrec10.hillsclerk.com/Unsecured/CaseDetail.aspx?CaseID=7719015

    The defendant is listed as indigent, which in Florida does not necessarily mean “homeless”. Typically it means poor and renting (I am witness in a prosecution for someone with the same status, but he was renting a house at the time of his arrest).

    Foster had a public defender and didn’t miss any dates or do anything (else) dumb. His only record in Florida includes a traffic citation just a few days before this event. It took him three days to post a $500 bond, during which time he was incarcerated.

    Based on my experience with the courts in that neck of the woods, he will get off with a fine and time served. But I would prefer him to see 30 days, at least. That is pretty much the standard “ask” from the States Attorney for any crime that requires a jury trial. If you make them go to trial, they will ask for at least 30 days.

    Again, IANAL but I have spent time dealing with the FL courts, as a “victim” (I hate that word – I prefer “witness who wants to help asshole #3349387 go to jail”).

    I suspect the defendant thought the jury would side with his intended “heroics”. Play stupid, win stupid.




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    1. Two quick things…

      First, those links never seem to work unless you get the system to provide it to you itself. Others who want to see it need to search by case and use this value… 15-CM-000917-A

      Second, if my memory serves me correctly, it didn’t take him three days to post bail, he was kept under a mental health hold.

      That is all…




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  10. It’s interesting that you found that Foster was a law abiding citizen, but indicated you could not speak for Mr. Daniels. It seems to me that you want to leave the impression that Mr. Daniel might not have been a law abiding citizen even though he has a gun permit which seems to indicate he too is law abiding. If you could find information about Foster, you certainly could find information about Daniels




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    1. Wel no, I cannot speak for Mr Daniel’s wishes on how Mr Foster should be punished, only what I think. What would Mr. Daniel’s apparent non-existent criminal record has to do with the price of chinchillas in Thailand?




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    2. I know this is an old story, and that I’m responding to an old reply, However having met a woman who spoke about her racist ex tackling an elderly man in Walmart made me search the story…I too find it interesting that the attacker is labeled in such a way, yet the obvious law abider, the man who got attacked was not???? A permit to carry is an obvious sign, but whatever…According to his ex whom he allegedly battered, Super Mike isn’t the angel some would make him out to be…




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      1. You obviously have more info that I do and thanks for sharing. I will always try to give as much as benefit of the doubt as I can till the evidence shows otherwise. Or betting on stupidity rather than conspiracy 😀




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  11. I think he needs to serve some jail time, to send the message that if you do this you WILL be punished. It is clear, he broke the law, he has no excuse. The carrier had not even remotely broken any laws or could you claim that ANYTHING other than the mere presence of the weapon and the man’s irrational fear was the impetus for this.

    The man who picked up the gun and refused to return it should have been charged as well. He committed a theft and as soon as the carrier produced the permit refusal to return the weapon was a crime. He had ZERO authority to say no.




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  12. Do the crime, do the time. The victim was walking into the store. He was not acting in a threatening manner.

    Superman there should have brought it to the attention of Walmart instead of launching a sneak attack on the legally armed gentleman.

    The attack seems racially/politically motivated. I would hope that aside from the max sentence the criminal thug should pay fine, restitution, damages, etc. And I hope it cost him his job and a nbice, fat lawyer fee.




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