Marcus Aurelius
09-04-2013, 02:07 PM
http://www.foxnews.com/us/2013/09/04/florida-attorneys-seek-stand-your-ground-defense-in-triple-shooting/?test=latestnews
Attorneys for a Titusville man accused of shooting three people during a neighborhood feud say the charges against him should be dismissed under Florida's "stand your ground" law. William T. Woodward's attorneys say he'd been the target of threats and was exercising his right under the state's law to defend himself on Sept. 3, 2012.
Florida Today reports 44-year-old Woodward opened fire during a Labor Day barbecue. Gary Lee Hembree and Roger Picior were killed. Bruce Timothy Blake was struck 11 times and survived.
Woodward's attorneys say the men were yelling at their client, calling him names and saying they were going to "get him." The threats happened during the month leading up to the shooting.
The motion demands that a jury should determine whether the charges are dismissed.
This doesn't sound like a viable use of the 'Stand your Ground' laws in FL to me.
Here's a link to the text of the law: http://floridastandyourground.org/the-law.html
This is the only part of the text that I can see them trying to use, based on what little information the OP article provides...
A person who is not engaged in an unlawful activity and who is attacked in any other place where he or she has a right to be has no duty to retreat and has the right to stand his or her ground and meet force with force, including deadly force if he or she reasonably believes it is necessary to do so to prevent death or great bodily harm to himself or herself or another or to prevent the commission of a forcible felony.
However, the OP article doesn't state that the man was attacked, but taunted. Also, I think the 11 shots into one individual, plus however many shots into the two deceased individuals, sounds more like an attack than a defense to me. Certainly not meeting 'force with force', IMHO.
Attorneys for a Titusville man accused of shooting three people during a neighborhood feud say the charges against him should be dismissed under Florida's "stand your ground" law. William T. Woodward's attorneys say he'd been the target of threats and was exercising his right under the state's law to defend himself on Sept. 3, 2012.
Florida Today reports 44-year-old Woodward opened fire during a Labor Day barbecue. Gary Lee Hembree and Roger Picior were killed. Bruce Timothy Blake was struck 11 times and survived.
Woodward's attorneys say the men were yelling at their client, calling him names and saying they were going to "get him." The threats happened during the month leading up to the shooting.
The motion demands that a jury should determine whether the charges are dismissed.
This doesn't sound like a viable use of the 'Stand your Ground' laws in FL to me.
Here's a link to the text of the law: http://floridastandyourground.org/the-law.html
This is the only part of the text that I can see them trying to use, based on what little information the OP article provides...
A person who is not engaged in an unlawful activity and who is attacked in any other place where he or she has a right to be has no duty to retreat and has the right to stand his or her ground and meet force with force, including deadly force if he or she reasonably believes it is necessary to do so to prevent death or great bodily harm to himself or herself or another or to prevent the commission of a forcible felony.
However, the OP article doesn't state that the man was attacked, but taunted. Also, I think the 11 shots into one individual, plus however many shots into the two deceased individuals, sounds more like an attack than a defense to me. Certainly not meeting 'force with force', IMHO.