Archive for the ‘Stand Your Ground Law’ Category

U.S. Army sergeant found guilty of murder in 2020 shooting of Austin … – The Texas Tribune

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A Travis County jury found Army Sgt. Daniel Perry, 33, guilty of murder on Friday, almost three years after he shot and killed Austin protester Garrett Foster.

In 2021 Perry was indicted for murder, aggravated assault and deadly conduct charges for shooting Foster during a July 2020 protest in downtown Austin. The jury also found Perry not guilty of aggravated assault with a deadly weapon after deliberating for 17 hours Thursday and Friday following an eight-day trial.

The indictment came one year after Texans took to the streets to protest police brutality following the murder of George Floyd, a Black man killed by a white Minneapolis police officer in May 2020.

Foster attended an Austin protest on July 25 while Perry was downtown driving for Uber. According to police, Perry stopped his car and honked at people protesting while they walked through the street, blocks from the state Capitol. Seconds later, he drove his car into the crowd, police said.

Foster, who was a 28-year-old white man and an Air Force veteran, had been seen openly carrying an AK-47 rifle at the time, which is legal. There are conflicting accounts as to whether Foster raised the rifle to the driver first but seconds later Perry, who was also legally armed, shot and killed Foster and fled the area, police said. He called the police and reported what happened, claiming he shot in self defense after Foster aimed his weapon at him. Perry is also a white man.

The case sparked debates over Texas stand your ground law, which allows people to use deadly force against someone else if they feel they are in danger. But Perrys social media posts about retaliating against protesters raised questions about the shooters state of mind and his self-defense claim.

The stand your ground law prohibits an individual from arguing self-defense if they provoked a threat from someone else. Witnesses said that Perry seemed to drive threateningly into the crowd before shots were fired, and his actions seemed intentional.

Judge Clifford Brown said the sentencing hearing could happen as early as next Tuesday, the Austin American-Statesman reported. Perry faces at least five years in prison, but murder convictions can result in a life sentence in Texas.

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U.S. Army sergeant found guilty of murder in 2020 shooting of Austin ... - The Texas Tribune

Villager using Stand Your Ground defense in UPS golf cart delivery … – Villages-News

David Aaron Clement

A Villager is using a Stand Your Ground defense in a UPS golf cart holiday delivery dispute that ended in his arrest.

A motion hearing is set this week in the case of 57-year-old David Aaron Clement of the Village of Bonita. He was arrested in December while working as a golf cart delivery driver for UPS.

The UPS manager on Dec. 16 informed Clement the golf cart he had been using was going to be used by someone else and ordered Clement to get out of the vehicle, according to an arrest report from the Sumter County Sheriffs Office. Clement refused to exit the vehicle, prompting the 6 foot fall UPS manager to get into the golf cart and sit beside Clement, triggering an alleged altercation between the two men. Clement was arrested on a charge of battery.

He has since hired defense attorney Mark Conan, who earlier this year successfully defended a Villager who had been accused of battering a neighbor with whom he had a long-running feud.

Conan has filed a motion seeking dismissal of the case against Clement based on self-defense immunity.

In the motion, Conan claims it was the UPS manager, who was upset with Clement from an incident the previous day and was using a hostile tone, and body slammed Clement. The motion claims the body slam was the initial contact between the two men which eventually led to Clements arrest. Though the original arrest report said that witnesses corroborated the UPS managers version of events, Conan points out the UPS manager waited three hours after the alleged altercation before calling law enforcement.

In the motion, Conan argues that if a person is in a place they lawfully have a right to be and they are confronted with any type of force, deadly or not, the person no longer has a duty to retreat and can defend themselves with deadly force if necessary.

The motion is scheduled to be heard Thursday in Sumter County Court.

Floridas Stand Your Ground law came into the national spotlight in 2012 after George Zimmerman notoriously shot and killed teenager Trayvon Martin. Zimmerman was acquitted in the case. Stand Your Ground had been signed into law in 2005 by Gov. Jeb Bush. Thanks to the Zimmerman case, the legacy of Stand Your Ground dogged Bushs ill-fated 2016 run for the White House.

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Villager using Stand Your Ground defense in UPS golf cart delivery ... - Villages-News

Florida Senate to vote on permitless carry bill – WSVN 7News | Miami News, Weather, Sports | Fort Lauderdale

TALLAHASSEE, FLA. (WSVN) - Floridians may soon no longer need a permit to carry a gun. The state Senate is set to take up the permitless carry bill on Wednesday, following the passage of a similar version in the House last week.

The new law would allow gun owners to carry concealed weapons without the need for a previously required license and training.

If the measure is approved by the Senate and signed into law by Gov. Ron DeSantis, Florida would join 26 other states that have already enacted permitless carry laws.

Florida already has some of the most lenient gun laws in the country, including the Stand Your Ground law that allows individuals to use deadly force in self-defense. However, the proposed permitless carry law would go even further in easing restrictions on gun ownership and use.

The fate of the permitless carry bill now rests in the hands of the State Senate, with many eyes watching to see whether Florida will join the growing number of states that allow permitless carry or whether it will maintain its current restrictions on gun ownership and concealed weapons.

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Florida Senate to vote on permitless carry bill - WSVN 7News | Miami News, Weather, Sports | Fort Lauderdale

Victims of spring break double shooting that left one dead are from metro Atlanta – WSB Atlanta

MIAMI BEACH, Fla. Channel 2 Action News has learned that two college students who were shot a week ago while on spring break in Miami Beach are from metro Atlanta.

The Miami Beach Police Department said they were called out to the area of 7 Street and Ocean drive shortly after 10:30 p.m. Friday and found two men suffering from gunshot wounds, according to an incident report we obtained on Thursday.

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Osagie Jordan Idahosa, 21, of Ellenwood, was taken to a nearby hospital where he later died. Tameen Abdullah, 21, of McDonough, was also injured and was last listed in critical condition.

Investigators said at the time that they had taken a man into custody, who was cooperating with the investigation. The report listed him as Lawarren Omeal Meadows, 23, of Tallahassee, Florida.

When police arrived at the scene, investigators said Meadows came up to the officers and told them it was me. They said Meadows admitted to the deadly shooting and was immediately placed into handcuffs.

While he was detained, Meadows made spontaneous statements saying that someone pulled a gun on him, forcing him to defend himself.

So far, Meadows has not been charged because police are looking into his self-defense claim under Floridas Stand Your Ground law.

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WALB-TV spoke to Idahosas brother, Sammy Idahosa, who said his family has been left in disbelief about what happened.

Jordan was a special guy. He went from being homeschooled to being a scholar. Theres millions and millions of memories of me and Jordan. We grew up three years apart, and we practically did everything together. Hes like my twin brother, Sammy Idahosa told WALB-TV. Jordan was the first Idahosa to depart from us. It doesnt feel real. I just want people to know my brother was a soldier. My brother was a warrior and still is in spirit.

Idahosa was a student with South Georgia State College but was also taking an entry-level course at Valdosta State. Neither school would make a statement on the death to WALB-TV.

Just over 24 hours later, another deadly shooting was reported in Miami Beach, just a few blocks from where Idahosa was killed. Following the two shootings, it prompted the Miami Beach Police Department to issue a curfew for all of South Beach the following night.

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Victims of spring break double shooting that left one dead are from metro Atlanta - WSB Atlanta

Self-defense: How Floridas Stand Your Ground Law Works

Self-defense laws differ depending on what state youre in.

Floridas self-defense laws include what lawmakers refer to as a Stand Your Ground law.

Many clients want to know, What is the Stand Your Ground law in Florida?

Weve prepared a short guide to explain the Stand Your Ground law in Florida and how it applies in criminal cases.

If you are charged with a crime in Florida, you need to contact an attorney right away to defend your rights. Contact Orlando Defense today to discuss your case.

In 2005, the legislature made changes to Floridas self-defense laws.

The newly adopted Stand Your Ground law allows individuals to use deadly force if they reasonably believe that such force is necessary to prevent imminent death or great bodily harm to themself or another.

Additionally, the law authorizes deadly force to prevent the imminent commission of a forcible felony. Unlike some other states, Florida does not require individuals to retreat to a place of safety instead of using deadly force.

Proper application of Floridas Stand Your Ground law introduces requires proof that:

If a defendant has been charged with a violent crime and can prove that either of those factors apply to their case, then they are immune from prosecution for that offense.

Unlike Florida, some states use what is known as the castle doctrine to determine whether deadly force was justified.

Under the castle doctrine, individuals have a duty to retreat instead of using deadly force in a public space. The duty to retreat does not apply if the individual is in their home or workplace. No such duty applies in Florida.

The Stand Your Ground law doesnt apply in certain situations. According to the statute, it doesnt apply if the individual attempting to defend themselves is committing a crime.

For example, an armed robber cannot shoot someone during the robbery and then claim they were defending themselves.

Additionally, Floridas stand your ground law doesnt apply when deadly force is used against a law enforcement officer acting in the performance of their official duties.

Furthermore, you cannot use the stand your ground law to justify the use of deadly force if you intentionally provoked the other party.

And if the other party attempted to withdraw from the confrontation, use of force under the Stand Your Ground law is not justified.

Criminal defendants can only claim self-defense under the Stand Your Ground law if force was used in a place the defendant was legally allowed to be.

If youre facing criminal charges, a valid legal defense under the stand your ground law could apply to your case.

A criminal defense attorney gives you the best chance of having your charges reduced or dismissed entirely.

As a former public defender, Attorney Jeffery Higgins possesses extensive experience representing defendants facing criminal charges.

If you dont know whether the Stand Your Ground law applies to your case, were here to help. Call or email our office today for your free consultation.

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Self-defense: How Floridas Stand Your Ground Law Works