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The State Attorneys Office has determined that Floridas Stand Your Ground law protects Joseph Demari.

A man who shot and killed two people at an Ocala nightclub in March will not face criminal charges now that prosecutors have determined the states Stand Your Ground law covers his actions.

In a four-page memorandum, Assistant State Attorney Nick Camuccio wrote: "The state is unable to disprove beyond all reasonable doubt that (Joseph) Demari was legally allowed to use deadly force based on a reasonable fear that his life was in danger, or that an imminent forcible felony was about to take place."

According to the document, before the Stand Your Ground statute, people in a public place had a "duty to retreat rather than use deadly force." But Camuccio said changes in the law "removed a persons duty to retreat if the person is in a place where he or she has a right to be."

According to the prosecutor, the statute says "a person who is attacked has the right to stand his or her ground and meet force with force. Demari was in a place where he had a legal right to be," and therefore "entitled to the no-retreat provision found in the Stand Your Ground Law."

On Feb. 29, Ocala Police Department officers were called to the Jade Lounge at 223 NE Jacksonville Road to investigate a shooting.

According to Camuccios memo, Demari was at the lounge when he was approached by three people: Michael "Thriller" Jackson, James Wallace and Jeffrey Giroti.

Surveillance video showed the trio entered the bar with three other people and surrounded Demari, who was sitting on a stool.

There was a brief discussion between Demari and Jackson and Jackson hit Demari in the face. Wallace and Giroti joined the attack, according to the memo. While Jackson and Demari fell on the ground, Demari was still being hit by his assailants.

On the ground, Demari pulled a pistol from his waistband and fired shots, hitting Jackson, Wallace and Giroti. Demari then got up and fled.

Jackson and Wallace died from the gunshots, the report states.

According to the memo, the altercation stemmed from an affair Demari had with Jacksons wife. Since the affair, Jacksons wife said, Demari had been "stalking her" and continued to contact her.

The surveillance video showed Demari arriving at the lounge first. Seeing Jackson, Wallace and the others, he posted a message on Facebook. The message talks about him (Demari) getting "evil looks," and Jackson telling him to "quit coming around here cause its not going to end well for me."

The video showed the exchange between Jackson and Demari was roughly 20 minutes before the altercation.

Interviewed by police, Demari told them that while on the ground, "he was in fear for his life" and he believed at least one of his attackers was carrying a firearm.

Contact Austin L. Miller at 867-4118, austin.miller@starbanner.com or @almillerosb.

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No prosecution in Ocala bar shooting that left two dead - Ocala