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TAMPA, Fla. (WFLA) A Tampa Bay mother says the man responsible for killing her teenager is getting away scot-free.

Justin Schmitt was stabbed once in the chest. He had no weapon and he was in his own house so why are prosecutors declining to file charges against his attacker?

On Feb. 25, 2020, Schmitt, 18, was with a group of friends at his home in the 4800 block of Haines Road North in St. Petersburg.

They were making prank calls. There was also drinking. Then, around 2:30 a.m., there was an argument and Schmitt was stabbed in the chest.

The forensics team would later be found on his porch as St. Petersburg police drove to his moms house.

Allison Garris fell apart.

His birthday was the next day, he was about to be 19, said Garris. It was the worst day of my life.

Months later, Pinellas County prosecutors havent charged Schmitts attacker.

According to State Attorney Bruce Bartletts Office, this is a stand your ground case. That means, the teens attacker was acting in self-defense and it was reasonable for him to fear for his own life.

On that night, prosecutors say, Schmitt was combative. He pushed one friend then swung at and lunged towards another who warned he had a knife, said the prosecutor assigned to the case.

Attorney Amber Patwell represents the teens family.

Even if there was a punch or a push that happened, neither of those things would cause a reasonable person to think that they were at risk of great bodily harm, said Patwell. When youre talking about stand your ground and being authorized to kill somebody the circumstances in which youre permitted to do that are very narrow.

8 On Your Side spoke at length with the prosecutor assigned to the case, Assistant State Attorney Christie Ellis.

Ellis is sympathetic to Schmitts family. She says she did a thorough investigation. Prosecutors interviewed witnesses multiple times, under oath.

In the end, she believes she cant prove by clear and convincing evidence, the standard of proof required, that this isnt a stand your ground case.

Stand your ground is like a license to murder people and the onus is put on the state attorneys office to prove that it wasnt, Garris said.

Garris still believes prosecutors should at least present the case to a judge.

Kids do get into fights all the time, she said. Its not a license to kill.

8 On Your Side asked the prosecutor if her decision was final. Ellis says it is unless and until, theres new evidence.

Right now, 8 On Your Side is looking into the criminal history of all parties involved.

My kid loved to plant flowers, so thats what I do, thats what Im left with, Garris said. I wanted to see him get married but you stole that from us, you took that away, and thats not fair.

8 On Your Side is not identifying the attacker since hes not being charged at this time.

See original here:
Man accused of stabbing St. Pete teen wont face charges due to stand your ground law - WFLA