No, it wasn't said, I assumed. Mainly because of him leaving the theater and not returning with anyone and no one came till after the altercation. But think about it like this; you can obviously see where the older ex cop was coming from in the sense of his career and wife being there. However, if the ex cop followed the law, he wouldn't have carried into the theater since he is an ex cop and not a current one, but that is to assume that he did in fact follow the law and the rules of the theater.
The proper thing to do would have been to change seats and move elsewhere that it didn't bother you or that you couldn't see the texter. I cannot stand people who start shit just cause they have a gun. If the ex cop wanted to be mr big shot, he could have used his training as an officer to take the dude down if there was a real confrontation. The fact of the matter is this; Do not start shit you cannot back up(without a firearm.)
But yea, I could be wrong about him going to get the gun, but he used to be a cop and he will never admit to going to get a gun to solve his problem with a texter.
Part of what you responded to was me just inserting what his defense team might say. I don't have as many facts as his lawyer will have.
The culpability for me (young, strong) is higher than for a frail older person when it comes to self defense.
Many women have been aquited in murder trials because they felt intimidated by the person they shot, where if they were a young healthy man they would have likely been convicted.
I hate to say it, but I think this guy walks at the end of it.
By the way, not all theaters ban people who are otherwise allowed to carry from doing so. Most do, this one may, I'm not sure, but I don't think it has an impact on the legality of the shooting. A theatre that does not allow one to carry is simply trying to enforce company policy, it does not carry with it the weight of law.
The fact that this shooting was done in a theatre will have no relevant impact on the outcome of the case, notwithstanding any particular law Florida may have with regard to having guns in a theatre.