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TAMPA, Fla. (WFLA) Retired Tampa police captain Curtis Reeves testified that he feared for his life, so he shot and killed Chad Oulson in an argument over texting at a Wesley Chapel movie theater in 2014. After a pre-trial hearing that took two weeks, a judge will soon decide if Reeves is immune to prosecution under the Stand Your Ground law.

But, what happens if the law changes?

State lawmakers are set to vote on major changes to the law, including one that would place the burden of proof on the state.

It would require the state to prove that someone didnt act in self-defense, said local defense attorney John Hackworth.

Hackworth says if the law changes, prosecutors could face an uphill battle.

If its a murder, one of the witnesses is already dead, so you have limited witnesses. Generally, these things dont happen on a street corner, so putting that enhanced burden on the state would make it that much more difficult to prosecute these folks.

What about the Reeves case? Could that be impacted by these changes, too?

I dont think anyone knows the answer to that yet. I do know that had his attorney Mr. Escobar known about this, and the statues were enacted, I can guarantee he would have testified under the new statute, and the burden is so much higher, it probably would have increased their chances of succeeding on this motion significantly, said Hackworth.

Another big change in the Stand Your Ground law up for vote is that the defendants testimony during pre-trial would not be able to be used against them in court.

Hackworth also says if enacted, it would make it easier for criminals to take advantage of the Stand Your Ground law.

The legislative session starts tomorrow, where these changes are on the agenda.

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Pasco movie theater shooting case could be impacted by 'Stand ... - WFLA

Floridas stand your ground law, a source of contention for years, could soon provide even more protection to people who invoke it. Some lawmakers want to make prosecutors prove a defendant wasnt acting in self-defense before proceeding to trial.

Florida has been a leader in giving citizens immunity in cases of self-defense, with its stand your ground law serving as an emotional point of debate after several high-profile shooting deaths, including that of unarmed black teenager Trayvon Martin.

While at least 22 states have similar laws that say people can use force even deadly force to defend themselves from threats, Florida could soon be alone shifting the burden of proof to prosecutors.

Republican Sen. Rob Bradley says his bill isnt a novel concept.

We have a tradition in our criminal justice system that the burden of proof is with the government from the beginning of the case to the end, he said.

Floridas Supreme Court has ruled that the burden of proof is on defendants during self-defense immunity hearings. Thats the practice around the country. According to a legislative staff analysis of Bradleys bill, only four states mention burden of proof in their stand your ground laws Alabama, Colorado, Georgia and South Carolina and all place the burden on defendants.

Bradleys bill died last year but now its chances are improving: Its ready for a full Senate vote when the session begins next week, and one of two House committees assigned to hear it has approved it.

Democrats are opposing the bill, but have little leverage to stop it in a legislature dominated by Republicans and with a Republican governor.

The bill has received passionate opposition from people who feel the existing law has already been abused and will be invoked even more by people seeking to avoid responsibility for violent crimes.

Stand your ground is not just about guns: The defense can be invoked after any act of violence aimed at self-protection, whether its punching, stabbing, shooting or striking someone with an object.

Neighborhood watch volunteer George Zimmermans fatal shooting of Trayvon Martin isnt the only case thats part of the debate in Florida.

Lucy McBaths 17-year-old son Jordan Davis was fatally shot by Michael Dunn during an argument over loud music outside a Jacksonville convenience store. And in the Tampa Bay area, retired police officer Curtis Reeves is claiming self-defense in a stand your ground pretrial hearing after fatally shooting Chad Oulson in a dispute over a cellphone at a movie theater.

Both Zimmerman and Dunn claimed self-defense at trial and stand your ground was included in their juries instructions. Zimmerman was acquitted and Dunn was eventually convicted of murder.

McBath believes the way the law currently reads is why Dunns first jury couldnt reach a decision, and says expanding stand your ground protections would make it harder to keep people safe from gun violence.

Testifying against the bill at a Senate committee meeting, McBath said the current law already encourages citizens to shoot first and ask questions later.

This legislation would effectively require defendants who raise stand your ground defenses to be convicted twice, she said. Having lived through this grueling experience firsthand with two trials for my sons murder, I can attest to the anguish and the pain that this process elicits. We should not make it harder for family members to achieve the justice that they deserve.

Marissa Alexander, in contrast, supports Bradleys bill. She unsuccessfully tried a stand your ground defense and was sentenced to 20 years in prison in 2012 for firing a gun near her estranged husband. She called it a warning shot to protect herself from abuse. Her conviction was thrown out on appeal and she was freed after reaching a plea deal in 2014.

I feel like you go into that kind of situation guilty until proven innocent, she said. She hopes Florida will start another trend if it passes.

Florida kind of sets the tone and other states follow, she said.

Republished with permission of The Associated Press.

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State could flip burden of proving 'Stand Your Ground ... - SaintPetersBlog (blog)

TALLAHASSEE | Floridas stand your ground law, a source of contention for years, could soon provide even more protection to people who invoke it. Some lawmakers want to make prosecutors prove a defendant wasnt acting in self-defense before proceeding to trial.

Florida has been a leader in giving citizens immunity in cases of self-defense, with its stand your ground law serving as an emotional point of debate after several high-profile shooting deaths, including that of unarmed black teenager Trayvon Martin.

While at least 22 states have similar laws that say people can use force even deadly force to defend themselves from threats, Florida could soon be alone shifting the burden of proof to prosecutors.

Republican Sen. Rob Bradley says his bill isnt a novel concept.

We have a tradition in our criminal justice system that the burden of proof is with the government from the beginning of the case to the end, he said.

Floridas Supreme Court has ruled that the burden of proof is on defendants during self-defense immunity hearings. Thats the practice around the country. According to a legislative staff analysis of Bradleys bill, only four states mention burden of proof in their stand your ground laws Alabama, Colorado, Georgia and South Carolina and all place the burden on defendants.

Bradleys bill died last year but now its chances are improving: Its ready for a full Senate vote when the session begins next week, and one of two House committees assigned to hear it has approved it.

Democrats are opposing the bill, but have little leverage to stop it in a legislature dominated by Republicans and with a Republican governor.

The bill has received passionate opposition from people who feel the existing law has already been abused and will be invoked even more by people seeking to avoid responsibility for violent crimes.

Stand your ground is not just about guns: The defense can be invoked after any act of violence aimed at self-protection, whether its punching, stabbing, shooting or striking someone with an object.

Neighborhood watch volunteer George Zimmermans fatal shooting of Trayvon Martin isnt the only case thats part of the debate in Florida.

Lucy McBaths 17-year-old son Jordan Davis was fatally shot by Michael Dunn during an argument over loud music outside a Jacksonville convenience store. And in the Tampa Bay area, retired police officer Curtis Reeves is claiming self-defense in a stand your ground pretrial hearing after fatally shooting Chad Oulson in a dispute over a cellphone at a movie theater.

Both Zimmerman and Dunn claimed self-defense at trial and stand your ground was included in their juries instructions. Zimmerman was acquitted and Dunn was eventually convicted of murder.

McBath believes the way the law currently reads is why Dunns first jury couldnt reach a decision, and says expanding stand your ground protections would make it harder to keep people safe from gun violence.

Testifying against the bill at a Senate committee meeting, McBath said the current law already encourages citizens to shoot first and ask questions later.

This legislation would effectively require defendants who raise stand your ground defenses to be convicted twice, she said. Having lived through this grueling experience first-hand with two trials for my sons murder, I can attest to the anguish and the pain that this process elicits. We should not make it harder for family members to achieve the justice that they deserve.

Marissa Alexander, in contrast, supports Bradleys bill. She unsuccessfully tried a stand your ground defense and was sentenced to 20 years in prison in 2012 for firing a gun near her estranged husband. She called it a warning shot to protect herself from abuse. Her conviction was thrown out on appeal and she was freed after reaching a plea deal in 2014.

I feel like you go into that kind of situation guilty until proven innocent, she said. She hopes Florida will start another trend if it passes.

Florida kind of sets the tone and other states follow, she said.

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Florida could flip burden of proving 'stand your ground' | St ... - St. Augustine Record

DADE CITY, Fla. - Friday marked the final day in the highly-publicized stand your ground hearing involving former Tampa police captain Curtis Reeves and the man he shot and killed, Chad Oulson.

For two weeks we've heard testimony and witness accounts from the day of the shooting, January 13, 2014. Reeves and Oulson got into a fight over texting during movie previews. During the altercation, Reeves says he feared for his life and pulled out his .380 caliber pistol and fired a shot at Oulson. Oulson's wife Nicole had her hand on her husband's chest when the shot was fired. The bullet went through her hand and into her husband, killing him.

Reeves claims he shot Oulson in self-defense and is fighting to have the case dismissed under Florida's stand your ground law.

The state and defense each presented closing arguments when court resumed Friday morning at 9 a.m. Defense attorney Richard Escobar told the judge Thursday his closing arguments would last a couple of hours.

The 'Stand your Ground' hearingis in the hands of a judge now.

The judge says she will have a written order by next Friday before 3 PM.

"A 6'4'' individual standing, trying to come over that chair is terrifying," said Richard Escobar.

How popcorn and a cell phone escalated into a deadly movie theater shooting depends on who you ask?

"Curtis is dazed. Curtis is in fear. Curtis is terrified," said Escobar.

"Throw popcorn on me?! Bang!" said state prosecutor Glenn Martin.

"This behavior by Mr. Oulson is unexpected. It's uncontrolled. It's outrageous," said Escobar.

Was it self defense or something else?

"Retaliation. One word," said Martin.

Curtis Reeves' attorneys say even a simple battery on an elderly person in Florida is a felony, plenty to Stand his Ground.

The state says witnesses never even saw Oulson thrown his phone. They also argue Reeves aggravated a problem knowing he had a "great equalizer" in his pocket.

"There was no reason," said Martin for Reeves to have any more contact with Oulson.

Popcorn, a phone, a pistol---three reasons this hearing is so perplexing.

RELATED | Curtis Reeves takes the stand in 'stand your ground' hearing

WEEK 1 |Day-by-day breakdown from court

PHOTOS | "Stand your ground" hearing photo gallery

In court Thursday, the state played audio tapes from just after the shooting when Reeves was talking to detectives.

"As soon as I pulled the trigger I said, 'Oh shoot that was stupid. If I had to do it over again, it would have never happened'," said Reeves. "If I had to do it over again, it would never have happened. I wouldn't have moved. But you don't get do overs."

"An arm came up and I saw a flash of red and at first, I didn't know what it was. I heard a noise and then I could smell something and I thought oh my God, he shot him," said witness Jane Roy.

A judge must now decide if Florida's controversial stand your ground law is applicable in this case. If it's deemed valid, all charged against Reeves will be dropped and the case will be closed. But if the judge does not reasonably believe Reeves was in fear of death or great bodily injury, then this case will proceed to trial.

"I was defending myself. It don't make it any easier to accept but that's what I was doing," said Reeves.

Reeves is charged with second-degree murder and aggravated battery.

The judge will rule on the case no later than March 10.

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Final day of controversial movie theater 'Stand Your Ground' hearing ... - ABC Action News

The Florida Legislature is considering significant changes to the stand your ground law that will make our communities less safe and unnecessarily disrupt our criminal justice system while doing nothing to protect those who legally own guns.

The Legislature also has falsely suggested the proposed changes will have no financial impact. The proposed legislation fundamentally changes our jury system by requiring, for the first time in Florida legal history, that state prosecutors would have to disprove a legal defense to even begin prosecuting a case. The proposals quickly moving through this years legislative process threaten public safety and undermine the fair and equal criminal justice system that our community deserves.

In 2005, the Legislature enacted the nations first stand your ground law, which removed a persons duty to retreat before using force in self-defense of himself, another person, his home, or property. In legal terms, stand your ground expanded the scope of the long-standing defense of self-defense. Procedurally, a criminal defendant asserting stand your ground immunity must establish by a preponderance of evidence (more than 50 percent standard) at a pretrial hearing that he or she acted in self-defense.

Proponents of changing the law claim it restores the fundamental principle of justice that a citizen is innocent until proven guilty. Nothing could be further from the truth. Our Constitution guarantees the innocence of the accused until every element of the crime has been proven beyond a reasonable doubt. As the state attorney for Hillsborough County, I wholeheartedly embrace our extremely high burden of proof to obtain a conviction. The proposed changes, however, create an unnecessary and technical legal hurdle in the law to force the state to disprove a defense which would often require proving a negative beyond a reasonable doubt, upending the constitutional standard and centuries-old common law.

The impact of these changes would be monumental. Under the legislation, SB 128, a defendant simply can make an unsworn, unverified representation to a court that he acted in self-defense. Then, before prosecution can even begin, the state would have to prove beyond a reasonable doubt that the defendant did not act in self-defense. This would require essentially two trials. Supporters of the bill claim that it is limited to cases involving the use of firearms, but the scope of the changes encompasses all violent crime. Every murder. Every stabbing. Every beating and assault. And every domestic violence attack.

To implement these proposals, we will need more judges, more courtrooms, more prosecutors and more law enforcement officers. In Hillsborough County, this would impact more than 5,000 cases per year. If only half of those cases involve a claim of stand your ground immunity, the time and resources in my office alone amount to nearly $3 million annually.

The bill wastes taxpayer dollars by needlessly increasing the workload of prosecutors and law enforcement officers. Beyond the economic impact, the proposed changes undermine public safety by taking police officers off the street and forcing them into the courtroom, and by making it harder to prosecute violent crime. The changes will embolden violent criminals and prevent justice for victims. As written, the bill is anti-law enforcement and anti-law and order.

I stand ready and willing to work with supporters of these bills who seek sensible implementation of stand your ground immunity to protect responsible gun owners. At a minimum, the Legislature should require defendants to provide facts sworn under oath and reduce the standard to a preponderance of the evidence. The proposed legislation is not about guns or innocence; it is about public safety and the effective operation of our criminal justice system. I call on legislators, gun rights advocates, survivors of domestic violence and all stakeholders in our criminal justice system to work together toward sensible solutions instead of the wholesale, irresponsible changes found in these proposals.

___

Andrew Warren is state attorney for the 13th Judicial Circuit, which covers Hillsborough County.

[This op-ed was first published March 2 in the Tampa Bay Times, republished with permission.]

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