Defensive Gun Use of the Day: Knife…Gunfight…You Know the Rest Edition

Come on, how many times does it have to be said? Austin Lee Harvey (no really) and a pal, Justin Slivinski, tried to stick up a guy using an ATM from his car Friday night in Fern Park just north of Orlando. But while the two yoots brought knives, the motorist had…well, you guessed it. From cfnews13.com: “The man, armed with a gun, shot at them and hit the other suspect, 24-year-old Justin Slivinski. Slivinski was taken to Florida Hospital Altamonte where he was pronounced dead.” So that’s one inmate the people of Florida won’t have to pay to support. Harvey, though, managed to dodge the incoming fire, but now resides in the John E. Polk Correctional Facility. While the victim won’t be charged, Harvey has a few court dates ahead of him. He’s facing attempted armed robbery and murder charges (since his buddy was killed during the crime). Good luck with all of that, Austin.

63 Responses to Defensive Gun Use of the Day: Knife…Gunfight…You Know the Rest Edition

  1. avatarAharon says:

    He doesn’t look very healthy. It’s strange that a criminal in prison can get access to tax-payer funded health care while some law abiding citizens employed or unemployed can’t afford or get quality care.

  2. avatarJoe Grine says:

    Gotta love the felony murder rule. In this case, its a two-fer!

    • avatarLynn Slivinski says:

      You judging piece of shit-put yourself in my shoes- I am his mother-he has a son-he wouldn’t hurt a fly. He was stupid threatening someone and that someone could have driven away or pulled his gun and they would have ran. NO-HE HAS 2 LOADED GUNS ON HIS SEAT AND DECIDED TO KILL SOMEONE BECAUE THEY ASKED FOR MONEY – YOU WILL SIT BEFORE JUDGEMENT, JUDGE NOT OR YE BE JUDEGED1

      • avatarMatt in FL says:

        It’s a shame you lost your son. It’s a shame his son lost his father. But you need to face reality here.

        “he wouldn’t hurt a fly”

        I don’t know that. What I do know is someone is threatening me with an implement likely to cause serious injury.

        “DECIDED TO KILL SOMEONE BECAUE THEY ASKED FOR MONEY”

        Semantics maybe, but he didn’t decide to kill someone. He decided to take the action that he felt was necessary to defend himself from serious injury or his own death. And you need to work on your definition of “they asked for money.” They weren’t panhandling in a Denny’s parking lot.

  3. avatarGyufygy says:

    I’ve never quite understood the “your buddy got killed, so you get a murder charge” bit. Seems like just needing to charge SOMEONE with murder, even if the shooting was justified.

    • avatarChris Dumm says:

      The felony murder rule is intended to deter people from committing crimes where somebody is likely to end up dead. Whether it’s the shopkeeper, a bystander or your partner in crime, if somebody gets killed during a felony you’re going down for it. Even if you weren’t the killer.

      Works for me.

      • avatarGyufygy says:

        Thanks for the explanation. Got some pondering to do.

      • avatarJoe Grine says:

        Good explanation, lawyer Chris. Thanks.

      • avatarDon says:

        Neat. I love a happy ending!

        -D

      • avatarWLCE says:

        works for me too. if one of my family members died and one of the assailants werent necessarily at fault but involved with the one who did the killing, i would want them charged with felony murder too.

        • avatarJames says:

          Exactly….think of the flip side here. It’s simple. If one of these morons killed one if your family members they would both be charged with murder. Gyu, would there be any pondering then?

        • avatarLynn Slivinski says:

          THANK YOU.

      • avatarFelix says:

        It’s also intended to prevent the problem of having to choose which of several criminals actually committed the murder in vague situations: if several robbers are beating some guy who dies an hour later, which one made the fatal whack? If several robbers shoot some guy, which one fired the fatal bullet? If only one was shooting but none will admit it and there is no other evidence, who do you charge?

    • avatarjwm says:

      If a cop gets a fatal heart attack chasing you, you get a murder charge. Don’t do stupid things with stupid people and you can mostly avoid those little legal hassle’s. I’m an old fart with grandkids and I’ve never spent the first night in jail. It just ain’t that hard to do.

      • avatarAharon says:

        If an innocent homeowner has a heart attack and dies when the police loudly raid the wrong residence or one that is not guilty of a crime do the police get charged?

        • avatarJames says:

          Yes, they could be.

        • avatarTTACer says:

          Yeah right. Their immunity is not absolute but it is codified and absolutely covers “mistakes” like that.

        • avatarBob says:

          Could be, but won’t be.

        • avatarDirk Diggler says:

          in detroit, there is a police officer on trial for the death of a little girl who was shot while the police executed a search warrant. she took one in the head (they think the first officer thru the door had his finger on the trigger and tripped). The police were looking for the friend of the girl’s father. The man killed someone for looking at him wrong and the girl’s father had supposedly given the shooter the weapon. the father and shooter are on trial separately, although they were not charged in the death of the little girl.

      • avatarYTW says:

        Your not and old fart. Your a smart old fart.

    • avatarLynn Slivinski says:

      First of all, he wasn’t his Buddy. He was an acquaintance who brought drugs over to a person who was trying not to use and waiting for a bed at a rehab center. It was Austin’s idea and Justin prayed for guidance but the demons of addiction took over. Austin left my son for dead and ran so Justin bled to death. Also the shooter could have driven off, but instead shot to kill and then just sat in his truck while my son died. An ex-marine who is protected.

  4. avatarRKflorida says:

    Looks like he has a “Meth” complexion.

  5. avatarracer88 says:

    Love the felony murder law. And, I love it when good guys win.

    I agree… dude looks like a meth-head.

  6. avatarSanchanim says:

    Bubba called and said he got him the nice pink Lacey blankets he like, for when he goes in..

  7. avatarSkyler says:

    How do you stick someone up using an ATM? They seem to be very unthreatening weapons. And heavy.

  8. avatarflboots says:

    Harvey needs some good old west justice. A fair trial and than a first class hanging (public that is).

  9. avatarGaryinVT says:

    There’s a “R.I.P. Justin Slivinski” Facebook page. R.I.P. pages are common, and usually get lots and lots of sympathetic comments. This dirtbag got about three. Plenty of mugshots via Google if you wish.

    • avatarLynn Slivinski says:

      FLAME DELETED This is my son, Justin Slivinski, who has a 4 year old son. He was a good father and great son and believed in God. He became a drug addict – good luck to you if you ever have one in your family. He was waiting for a “bed” (space in rehab) because he wanted to change and prayed for it and cried. I am sure you don’t believe in God, as you are worse than anyone committing a crime. He had a kitchen paring knife and was no where near the “victims” throat, asked for money and this ex-marine had 2 loaded 38-specials on his seat. He picked one up and killed my son. He could have driven away or threatened. I now because I watched the video. Big hotshot with a gun. Guns don’t kill people-people do. My son never heart a fly. To steal is wrong, but drug induced – to kill and not just drive away is sick. He didn’t even get out and try to help my son’s bleeding and kept shooting at “Austin” as he ran. Some self-defense. Everyone on this site better have some self-defense to show God, FLAME DELETED. There is a family who is suffering and crying and you dare make these sick and uncaring comments? This is not a jungle that God put us in, it is not kill or be killed. His arrests were for piddly crap from drugs. Grow up, pray and go to church – FLAME DELETED

    • avatarLynn Slivinski says:

      That page was created by a stranger. His page has approximately 250 great comments. FLAME DELETED

      • You plainly have no idea whatsoever of the destructive power of a knife.

        I for one will meet the threat of lethal force with equal or greater force & I will NOT wait to see if the threat changes his mind.

        Your son threatened the use of lethal force & suffered the consequences. You might consider how you would feel were he now on death row for homicide & his robbery victim lay buried after his throat was cut for a few dollars.
        You will find no sympathy here.

  10. avatarKay says:

    I grew up with the Slivinsky family, and ya’ll are more than entitled to your opinion, the boys did a stupid thing and are now paying for it. I hope Austin fries. As for the rip Facebook Pages, Justin made a stupid choice, that doesn’t mean he doesn’t have family and friends who know who he really is and who are still hurting as a result of this unfortunate situation.

    • Who he was was a meth head who was quite prepared to do harm to another whilst committing a robbery & what he did was evil rather than stupid.
      How do you think the guy who shot him feels? Now that’s who I care about.

      • avatarLynn Slivinski says:

        You care about the man who was ready to shoot someone? Really, my son laid there dying while he sat in his truck. I’d love to go see him with my son’s son who is 4.

  11. avatarKay says:

    I feel for the person who paid for this with his life as well as the victim. He had every right to shoot, I would’ve done the same. My point was that garvin didn’t need to say nasty things about Justin having memorial Facebook Pages. They were created by people who are grieving a death of a loved one, there’s no need to be disrespectful to his friends and family.

    • avatarLynn Slivinski says:

      Thank you Kay. You are caring and see that there is a family who are in so much grief as well as his 4 year old son. These people in glass houses who think they are all that. Spouting all over the internet thinking they know my son – talk about disrespectful. Justin will be remembered for the times he gave to the homeless, spent so much time with his son and family and fought his addiction waiting for help due to overcrowding. Judge not, or be judged I say to all of these people on this page other than you. Thank you for being human and not an animal.

  12. avatarKay says:

    And as far as the shooter, I feel nothing for him. He defended himself and he still gets to wake up to his family everyday.

    • Well I for one feel a great deal of sympathy for him.
      Taking a life – even when lawfully sanctioned to do so is a very traumatic experience & one which can & has destroyed peoples’ lives & families.
      The responsibility for this lies squarely with the two thugs who forced him to take the action he did – & with their families too, so no; I have no sympathy for them whatsoever.

      • avatarLynn Slivinski says:

        FLAME DELETED

        • He chose badly & he lost.
          Perhaps his upbringing played a part.

          Thugs are people like the late & unlamented knife wielder who received his just desserts.
          The only people who ever suffered violence in my hands were enemies of my country – unlike those this now dead criminal preyed upon.

          Contemplate your own part in his demise.

      • avatarLynn Slivinski says:

        FLAME DELETED I have no sympathy for you – you obviously do not believe in God or care about anyone but yourself. He should be traumatized, as he could have driven away.

    • avatarLynn Slivinski says:

      And I will never see my baby again. Let him watch the video from his funeral. Let him see his baby and me and let me ask why he didn’t drive away or threaten. HE even saw them coming from behind with their little knives and sat there ready to shoot.

  13. avatarBill says:

    Kay you picked the wrong place to spout off about a punk who you supposedly knew but whose name you can’t even spell correctly. Justin was a punk who brought a knife to a gun fight with predictable results. His family can cry & moan all they want but he deserved what he got and the family that deserves sympathy is the shooter’s. He was forced to take a life and that will haunt him for the rest of his life.

    • avatarLynn Slivinski says:

      He wasn’t forced. He could have driven away. It was a drive up ATM-FLAME DELETED. You need sympathy for your FLAME DELETED

  14. avatarBill says:

    Kay you picked the wrong place to spout off about a punk who you supposedly knew but whose name you can’t even spell correctly. Justin was a punk who brought a knife to a gun fight with predictable results. His family can cry & moan all they want but he deserved what he got and the family that deserves sympathy is the shooter’s.

    • avatarLynn Slivinski says:

      The shooter and his family are all intact. He had 2 loaded guns in his car ready. He was at the drive up ATM and saw 2 guys coming up from behind him-do you think he might have put up his windows, locked car and driven away? Please. 10:30 PM at an ATM? Who is really suffering? Justin’s family and son. My son did not deserve to die. The pig didn’t even warn him, just picked up a gun and shot twice point blank from 6 inches away and kept shooting at the other one who was running away. Self-defense-I don’t think so. He should have been charged.

  15. avatarjorge benjamim de carvalho says:

    Aqui no Brazil temos auxilio reclusão,um absurdo,dar dinheiro para assassinos
    gente de bem trabalhando para alimentar essa corja,alguma tem que mudar.

  16. avatarLynn Slivinski says:

    To all of you with your ignorant comments about guns. You need to be more aware of drug addictions, of the family on the other side and the fact that someone can shoot someone with a knife who tried to run. Seriously. I have the police report. My son is dead because he tried to run and that is why the bullet killed him. No warning from the shooter, no just driving away from drive up ATM and still shooting while someone is running away. LOOK AT THE FACTS. I lost my beautiful son who was fighting addiction and waiting for a bed in a center who had a child and family who are suffering. You are all so judgmental – were you there? Do you know what was in the hearts and minds? Were you part of my son’s life – like you knew him? Save the judging for Jesus, as my son prayed, believed and was there for anyone. Drugs are horrible and a disease. Guns are not a disease-a choice. Let my son rest in peace and realize that he has a son who will see all of your sick comments. I am a MOMMY and did all I could, as did Justin. Find God and ask him.

  17. avatarChod says:

    God bless the Marines.

  18. avatarCraig Kirkendall says:

    I was very close to Justin he was a good person but like Lynn said he got involved in drugs and it changed him he was not a killer he would have never hurt that guy just was trying to scare him and get some money , all u ignorant people who wrote those comments grow up u never grew up with Justin he was a awesome person who would make everyone smile, he made a stupid decision did not deserve to die, LOVE U JUSTIN SEE U IN PARADISE

    • avatarMike the Limey says:

      He was an armed criminal & thus assuredly NOT a “good person”, so his final destination would certainly NOT be paradise.
      Those who live by the knife…

      …die by the gun.

      Have you SEEN what a knife can do?

      I have.

      • avatarLynn Slivinski says:

        Really – do you read God’s work and the whole bible-for those who believe in God are forgive, and he never used the knife! The demons always try to take over-apparently they have taken over you – have you heard of forgiveness?? Have you heard that Jesus dies for our sins, do you know my son and how much he struggled for help and there were no beds open and was waiting for one and was a great father and son? Judgmental ass.

        • avatarMike the Limey says:

          He was an armed criminal & YOU cannot say he wouldn’t have used the knife as YOU admit he was a drug addict.
          The only good armed criminal is a dead one.

          Live with it.

    • avatarLynn Slivinski says:

      Thank you Craig! God bless!

    • avatarMatt in FL says:

      “he was not a killer he would have never hurt that guy just was trying to scare him and get some money”

      Still trying to figure out how the guy who they were trying to rob was supposed to know any of that. If someone is facing me with a knife, indicates they’re willing to use it, and has the apparent ability to do so, I’m going to take them at their word, not engage in a fucking Dr. Phil moment to figure out if they’re really just a misguided lost soul.

Leave a Reply

Please use your real name instead of you company name or keyword spam.