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LARGO Charges against a 40-year-old man involved in a fatal scuffle outside a St. Petersburg bar were dismissed this week after his defense attorneys invoked the state's new Stand Your Ground law.

Bobby Ryan of St. Petersburg was charged with manslaughter and accused of punching Christopher Motlenski, who later died from complications of his injuries. On Thursday, Pinellas-Pasco Circuit judge Frank Quesada granted his motion to dismiss the case.

Under Florida law, a person "does not have a duty to retreat and has the right to stand his or her ground" if they believe they or others could face imminent death or great bodily harm.

Previously, it was up to the defense to show their client is immune from prosecution under this law. But in the spring, the state Legislature revised the law, shifting the burden of proof to prosecutors.

Ryan's case is likely the first time the new law, signed by Gov. Rick Scott in June, was invoked in a Pinellas courtroom.

According to court records filed by Ryan's defense attorneys, James Beach and Richard Watts, this is what happened the night of Feb. 10, 2016. At 2 a.m., Ryan and friend Torsten Simpson, arrived at Angelo's Grill and Bar on First Avenue N in downtown St. Petersburg to pick up some sandwiches.

They were standing near the bar when Motlenski began an argument with them about their British accents. An employee escorted Motlenski, 53, outside. When Simpson and Ryan left the bar, Motlenski "continued to harass the defendant," records state. The men threw punches and Motlenski "bull charged" Simpson against a pair of doors, drawing other patrons' attention.

That's when Ryan punched Motlenski, who fell and hit his head on the pavement. Ryan was initially arrested on a charge of felony battery. After Motlenski died of complications, the charge was upgraded to manslaughter.

"It was just a tragic accident that shouldn't have happened," said Beach, adding that Motlenski's comments and aggression toward Simpson "led my client to believe that there was certainly danger involved."

In an all-day hearing July 6, prosecutors and defense attorneys presented their arguments to Quesada. On Thursday, the judge dismissed Ryan's charges.

Contact Laura C. Morel at lmorel@tampabay.com. Follow @lauracmorel.

Pinellas judge tosses charge against man under new Stand Your Ground law 08/04/17 [Last modified: Friday, August 4, 2017 2:47pm] Photo reprints | Article reprints

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Pinellas judge tosses charge against man under new Stand Your Ground law - Tampabay.com

DES MOINES, Iowa

A Des Moines murder case could be an early test of Iowas new stand your ground law.

Sera Alexander, 29, is charged with shooting and killing her stepfather, Anthony Hartmann, in her home May 8, but she claims it was a case of self-defense.

Now, a judge will decide if the new law that went into effect July 1 applies retroactively for the crime committed three months prior.

District Court Judge Robert Blink will decide of the stand your ground defense can be used for the first time in the state of Iowa.

It essentially says if youre in a lawful place, you have a right to use deadly force even from a perceived threat, said Robert Rigg, of the Drake Legal Clinic.

Court documents show a no-contact order filed against Hartmann last fall after he grabbed his wife by the hair and pushed her head into the driver side glass window. Prosecutors said Alexander shot Hartmann in the basement of the family home.

There was violence in the home for a considerable time inflicted against all members, defense attorney F. Montgomery Brown argued. Youre presumed to feel threatened if you have an intruder in your home unlawfully. I read the statute to say youre presumptively justified to use deadly force.

Brown said the defense should apply because this case will go to trial after the law took effect July 1. Legal experts expect to see it used often in any self-defense case.

Youre going to have two people shooting at each other and both saying I was standing my ground, and police will have to sort that out at the time, Brown said.

The judge will make a decision in the next few weeks. He set a trial date for Dec. 4.

Alexander remains free on bond.

Originally posted here:
Stand your ground defense could be applicable to murder case - KCCI Des Moines

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DES MOINES, Iowa -- A Des Moines woman charged with murder in the shooting death of her stepfather is now arguing that the new "stand your ground law" applies to her case. The stand your ground legislation was signed into law by Governor Terry Branstad on April 13 and took effect on July 1. The defendant's lawyer is arguing it should apply to deadly shooting that happened on May 8.

"I would anticipate any person who has a self-defense claim that is pending, is going to probably try to utilize the new statute," said Drake University Law Professor Robert Rigg.

Rigg says a judge in one county could rule one way and a judge in another county could rule another way, but that whatever is decided in this case could have an effect on how the law is applied to other cases, although it wouldn't be binding.

"There are a series of cases that would have occurred prior to July 1, but wouldn`t have been litigated yet, so what the defense lawyers are trying to do and attempting to argue to the court is hey, that new stand your ground legislation should apply to that group of cases, the ones that occurred before July 1," said Professor Rigg.

Last month, 29 year-old Sera Alexander pleaded not guilty to first degree murder in the death of 49-year-old Anthony Hartmann. Police say Sera admitted to shooting Anthony when he came to the home to collect some of his belongings. Alexander`s mother, Susan Hartmann, said her daughter was unaware that a previous restraining order against Anthony had recently expired.

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Woman Charged with Murder Argues Stand Your Ground Law Applies to Her Case - whotv.com

A Miami judge has ruled that a new provision in the states Stand Your Ground law is unconstitutional because the legislature overstepped its rightful authority when it increased protections for defendants in self-defense cases. Earlier this year the Florida legislature passedan amendmentto its 2005 Stand Your Ground law. The amendment SB 128 (re-instated) that the prosecution carries the burden of proof in pre-trial hearings, of self-defense incidents. Innocent until proven guilty has always been a foundational tenet of the United States justice system. Well, that is until last week [again]. Floridians involved in self-defense shootings are now presumed guilty in pre-trial hearings [again]. According to the updated law, prosecutors were to provide clear and convincing evidence that a defendant was not using force as an act of self-defense. (This was in the original 2005 law and by-passed by over zealous prosecuting attorneys and judges.) Miami-Dade Circuit Judge Milton Hirsch. a Democrat by the way, ruled on Monday that the amendment is unconstitutional,stating: As a matter of constitutional separation of powers, that procedure cannot be legislatively modified. Wow, all this time I thought the reason we spend millions of dollars sending our legislators to Tallahassee every year was to make laws, guess I was wrong? The Florida legislature passed the amendment in response to a 2015 decision by the Florida Supreme Court. In that decision, the court held that defendants are not innocent until proven guilty in pre-trial hearings. Defendants must prove their innocence with evidence that suggests the shooting was legal self-defense. The perp broke into my house, pulled a knife on me, I shot him he didnt make it. I must now prove, I didnt shoot him with intended malice? Or imagine you see a young, girl being attacked in broad daylight by criminals. Now, theres little time to spare. Though you have called 911 it will be fifteen minutes, to a half hour before Law Enforcement arrives. Nervous, but determined to do the right thing, you pull out your weapon. Un-holstering, you call out a direct warning to let the girl go. They somewhat acknowledge you, but refuse to comply, leaving you no other option and little time. You aim and fire. The girl is no longer in immediate danger, but thanks tothe perpetrators shell be long in recovery. The criminals, on the other hand, will make a full recovery. They walk free while charges against you are pressed on their behalf. You are arrested and denied bail. Youll be away from your family for over a year awaiting trial, and if convicted, youll never vote or be allowed to touch a firearm again.You try to remain calm, after all, the law is on your side, right? All that will be told via news is that you shot people. For that reason, you may serve up to 25 years in prison. As a convicted felon, your victims deserve hundreds of thousands of dollars in financial restitution. It may sound too awful to be true, but this is the direction this Miami Judge and our courts are moving. Over the past half century there have been amended and reinterpreted laws all too often reducing the role of the American jury from a moral user of fact, to a mere rubber stamp for activist judges and politically-minded prosecutors, who can now come to an agreement amongst themselves to block the accused from even arguing they acted to save lives in the face of mortal danger. Anti Second Amendment prosecutors, and the legal traditions of self-defense and defense of others, the very heart of the Second Amendment, becomes meaningless. The gun-control lobby could achieve many of its goals without actually repealing the right to bear arms or passing further gun control laws. Judge Hirsch found that the changes to the law were procedural, meaning only the Florida Supreme Court has the right to make them, as they did in 2015. Where one had to prove he/she fought in self defense. Hirschs decision doesnt overturn the law, but it does begin the process that could end with another decision by the liberal Florida Supreme Court. Sen. Rob Bradley, R-Fleming Island, told theMiami Heraldhe believes the legislature acted lawfully and the appeals process wont reach the highest court in the state. I would be surprised if this decision were upheld at the appellate level, said Bradley, a former prosecutor who championed the amendment in question. Prosecutors for whatever reason vehemently opposed to the Stand Your Ground modification, arguing that the law would require them to try the case twice and make it easier for criminals to skate on violent charges. Since the defendant is asking for immunity from prosecution, they argue, the defendant should be required to prove they acted in self-defense. Theres a strong concern that many more defendants will invoke the Stand Your Ground defense because they know it will shift more work onto the state attorneys on the front end. But the amendments proponents argue that the state should not draw a distinction between seeking immunity at pre-trial hearings and pleading innocent at the trial itself. What this bill does, my friends, is put the burden of proof where I would, respectively, suggest it should rightfully be, From the beginning of a criminal case to the end, of a criminal case, it belongs with the state. The standard of proof should be beyond a reasonable doubt.

George Pouliotte

Read more here:
Florida 'Stand Your Ground' Is Now Unconstitutional, [Again]. - ECB Publishing

MARION, Iowa (KCRG-TV9) - The Marion Police Department charged Matthew Boleyn, 37, with Disorderly Conduct and Criminal Mischief 4th degree on July 12.

Boleyn came to the Marion police department and was cited and released on a promise to appear in court for an incident that happened on June 22.

Around 11:40 p.m. Boleyn caused damage to Samuel Gires car by shattering his window, resulting in the Criminal Mischief charge.

Boleyn was also charged with Disorderly Conduct. He was charged due to exiting his car, challenging Gire and one other person to a physical fight, and then breaking out Gires car window.

This led to Boleyn being shot by Gire, while Gire was still in his vehicle.

The Marion Police Department has determined that Gire was acting in self-defense and reviewed the new Stand Your Ground law.

To read previous KCRG-TV9 coverage go to:

http://www.kcrg.com/content/news/UPDATE-Road-rage-causes-shooting-near-Marion-Library--431770263.html

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New Stand Your Ground Law used in Marion shooting - KCRG.com - KCRG