Mediaboss Marketing

OTTUMWA A district court judge has ruled Venhure Tsegay will not be allowed to use Iowas stand your ground law as a defense at his murder trial.

Tsegay is accused of shooting and killing a 16-year-old last fall. Tsegays attorney has filed papers indicating he will use a claim of self defense at trial, and had filed further papers requesting that the law, which went into effect July 1, be retroactively applied to Tsegays pending case.

The court didnt accept that argument. Judge Lucy Gamon said Iowa law applies prospectively, to future cases only, unless the legislature specifically intends a change to be applied retrospectively. Gamon noted the legislators did not do so in this case.

The Iowa legislature did not specify that the stand your ground law was to apply retrospectively. Thus, the Court presumes that the legislature meant the law to apply prospectively only, Gamon wrote.

Gamons ruling bars the defense from using a stand your ground strategy for the time being, but this may not be the final word on the subject. The defense has filed a reply asking that Gamon reconsider. That filing says Gamons ruling did not take into account exceptions to the presumption laws should apply only to future cases.

Other filings in the case indicate the defense has begun the process of deposing witnesses.

Tsegays trial is currently set for mid-October, though delays are common in murder cases. Tsegay faces a life sentence if convicted.

In other area cases:

The defense in the arson and assault case against Michael Heady, Sr., has sought a continuance. The filing says all sides agree on the request. Heady was shot by police after allegedly setting a house on fire in 2016, firing into it, and pointing a rifle at officers.

The city has applied to the court for inspection of Larry Clabaughs property on North Court Street, a site that was the subject of a court fight earlier this year. Clabaugh sought to use the property for a massive car auction. Neighbors and the city objected. The city also accused Clabaugh of multiple violations of city code.

The new filing says Clabaugh has continued to violate municipal ordinances and new violations have also occurred requiring citations. A hearing is scheduled for Sept. 11.

Gregory Hawks charge of assault causing serious injury was dismissed as part of a plea bargain that saw him enter an Alford plea to assault while displaying a dangerous weapon. An Alford plea does not admit guilt, but accepts that there is enough evidence to likely result in such a verdict.

Hawk received a one-year suspended prison sentence on that charge. It will run concurrently with a five-year suspended prison sentence and five years probation on a charge of possession of a controlled substance.

A charge of possessing contraband, specifically a sharpened stick and several other items, has been added to Armando Levyas case. He already faced charges of kidnapping, sexual abuse and assault with the intent to commit sexual abuse.

Follow this link:
Court disallows 'stand your ground' defense - Ottumwacourier

Bradenton Herald

Already charged with murder, Eugene Matthews is now being sued Bradenton Herald Matthews has not denied shooting his gun but his attorney has argued in court that he has a defense based on Florida's Stand Your Ground law because the Rawsons came onto his property unannounced after dark, broke through his locked gate and kicked ...

Go here to see the original:
Already charged with murder, Eugene Matthews is now being sued - Bradenton Herald

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 after he was 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 stated. 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.

Go here to read the rest:
Pinellas judge tosses charge against man under new Stand Your Ground law - TBO.com

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

Link:
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