Pasco theater shooting case heads to ‘stand your ground’ hearing … – Tampabay.com
If you believe Curtis Reeves, he was a scared old man who thought he was about to get beat up when Chad Oulson loomed over him in a dark Wesley Chapel theater.
If you believe Nicole Oulson, her husband was calm as the "belligerent" Reeves pestered him about turning off his cell phone before the movie Lone Survivor.
If you believe what was captured on a grainy surveillance video, Oulson's arm came toward Reeves an instant before the retired Tampa cop drew a pistol from his front pocket and fired a single shot.
Was it self defense when Reeves killed Oulson that Sunday afternoon three years ago?
A judge will have to decide.
Starting Monday, Pinellas-Pasco Circuit Judge Susan Barthle will begin weighing whether Reeves, 74, should be immune from prosecution in Oulson's death under Florida's stand your ground law. Otherwise, Reeves will head toward trial on a second-degree murder charge.
The court has set aside two weeks in which attorneys will present evidence and question experts on the use of deadly force, and how age affects one's perception of danger.
They will go back over the details of what happened that day at the Cobb Grove 16 theaters.
The movie was scheduled to start at 1:20 p.m. in theater No. 10
Oulson, 43, and his wife were already seated when Reeves and his wife arrived and sat in the row directly behind them.
As movie previews rolled, Oulson scrolled through his cell phone.
Reeves leaned forward and asked him to turn it off, he later told investigators. Oulson responded with an expletive, he said.
Oulson kept looking at the phone. Reeves got up and left to tell a manager. A minute later, he returned. Oulson had put the phone away.
"I said, 'I see you put it away,'" Reeves later told detectives. "'I told the manager for no reason.'"
Oulson, according to Reeves, said something to the effect of, "if it was any of your ... business, I was texting my daughter."
Oulson rose on the seat and moved toward Reeves, he said. Reeves put a hand out and shrunk backward.
"He kept on hollering," Reeves said. "And it led me to believe he was going to kick my a--."
Reeves felt his head move to the right. His glasses were knocked sideways, he said. Popcorn flew.
"He hit me with something," he told detectives. "I don't know if it was his fist."
In one quick motion, Reeves drew the gun and fired.
Oulson was shot in the chest. He died at the scene.
"As soon as I pulled the trigger, I said 'oh, shoot. This is stupid,'" Reeves told detectives. "But again, I'm 71 years old. I don't need an a-- whipping from a younger man."
An off-duty Sumter County sheriff's deputy was sitting a few seats down from Reeves and took the weapon from him.
Vivian Reeves, in a separate interview, said she turned away as Oulson approached. She didn't see the confrontation.
Detectives asked why she thought her husband fired the gun.
"I don't know," she said. "He was in law enforcement 20 years and he never shot anybody. ... I don't know if he thought he was going to hurt him. That's what I would think, is he thought he was going to be hurt."
Oulson's wife, Nicole, had her arm on his chest when the gun went off. The bullet grazed her middle finger.
Later that day, at St. Joseph's Hospital, she told detectives her version on events, which differed from the story Reeves told.
When Oulson confronted Reeves, she said, she put her arm up and tried to tell him it wasn't worth it. She heard yelling, but didn't see any hitting or shoving.
"He was just very rude from the beginning," she said of Reeves. "Just belligerent. My husband was calm and just said, 'It'll just take a minute. I'll turn it off. The movie hasn't even started.' And he was just nasty."
In a court document filed in 2015, Reeves' attorneys invoked Florida's "stand your ground" law in requesting immunity from prosecution in Oulson's death.
Passed in 2005, the controversial law says a person has no duty to retreat when faced with a violent confrontation and can use deadly force if he or she fears death or great bodily harm.
In their motion, Reeves' attorneys stated that Oulson twice attacked Reeves before the fatal gunshot throwing a cell phone at him, then grabbing Reeves' bag of popcorn and tossing it at him. In doing so, the attorneys argue, Oulson committed a number of felonies, including aggravated battery on a person 65 years of age or older.
Reeves, they argue, feared that because of his age and health, he was in danger of serious injuries. They noted his extensive training as a former law enforcement officer in the use of deadly force.
Supporters say the stand your ground law extends necessary legal protection to people who use lethal force in the face of grave danger. Critics say it creates a dangerous loophole for people to escape criminal charges.
In 2012, the Tampa Bay Times examined cases where defendants invoked stand your ground and found that nearly 70 percent avoided prosecution.
Locally, the law has been cited in cases like that of Trevor Dooley. The Valrico man unsuccessfully argued he was defending himself in 2010 when he shot his neighbor, David James, during a fight over skateboarding on a basketball court in their neighborhood.
Last year, prosecutors cited stand your ground when they declined to charge Jeffrey Glenn in the fatal shooting of Timothy Martin, a former Navy SEAL, at the SoHo Backyard restaurant in Tampa.
Whether it will work in Reeves' case remains to be seen.
Contact Dan Sullivan at dsullivan@tampabay.com or (813) 226-3386. Follow @TimesDan.
Pasco theater shooting case heads to 'stand your ground' hearing 02/17/17 [Last modified: Thursday, February 16, 2017 4:50pm] Photo reprints | Article reprints
Go here to see the original:
Pasco theater shooting case heads to 'stand your ground' hearing ... - Tampabay.com
- Netflix Nearing $5 Million Deal for Perfect Neighbor,' Sundance Documentary About Florida's Stand Your Ground Law (EXCLUSIVE) - MSN - February 9th, 2025 [February 9th, 2025]
- 'AJ' Owens' loved ones announce creation of new fund, hoping for changes to FL Stand Your Ground law - FOX 35 Orlando - November 28th, 2024 [November 28th, 2024]
- Family of woman killed by neighbor asks Florida to make changes to Stand Your Ground law - WFTV Orlando - November 28th, 2024 [November 28th, 2024]
- Stand Your Ground law protects homeowner in neighbor dispute that leads to shooting - KOKH FOX25 - November 26th, 2024 [November 26th, 2024]
- It Can Happen Here - Harper's BAZAAR - September 11th, 2023 [September 11th, 2023]
- SD Supreme Court: 'Stand Your Ground' Law Is Not Retroactive - Yankton Daily Press - July 15th, 2023 [July 15th, 2023]
- Arming school staff and a 'stand your ground' law being considered ... - KLKN - July 15th, 2023 [July 15th, 2023]
- LETTER TO THE EDITOR Justice for A.J. Owens - Osceola News-Gazette - June 22nd, 2023 [June 22nd, 2023]
- White Woman Who Murdered Black Woman in What She Felt Was ... - Shine My Crown - June 22nd, 2023 [June 22nd, 2023]
- Washington County driveway killing raised in 'Stand Your Ground ... - The Post Star - May 20th, 2023 [May 20th, 2023]
- Ralph Yarl: Another victim of America's unjust racial bias and Stand ... - The Arkansas Traveler - May 20th, 2023 [May 20th, 2023]
- Attorneys Of OnlyFans Model Courtney Clenney Claim She Stabbed Boyfriend To Death In Self-Defense - MadameNoire - May 20th, 2023 [May 20th, 2023]
- 5 Years After A Mass Shooting At Santa Fe High In Texas, Critics Say Lawmakers Have Done Little - HuffPost - May 20th, 2023 [May 20th, 2023]
- Congressman Gaetz, Senator Mullin Introduce National Stand Your Ground Act - Congressman Matt Gaetz - May 8th, 2023 [May 8th, 2023]
- Rep. Gaetz, Sen. Mullin introduce national Stand Your Ground bills: Legal duty to retreat helps attacker - Fox News - May 8th, 2023 [May 8th, 2023]
- T&T PM Rowley Rejects Stand Your Ground Law, It's Used For ... - NYCaribNews - May 8th, 2023 [May 8th, 2023]
- New information uncovered about person who fatally shot Carson Senfield in Florida - WGRZ.com - May 8th, 2023 [May 8th, 2023]
- Dadeville mass shooting cases now head to courts. What to expect ... - Montgomery Advertiser - May 8th, 2023 [May 8th, 2023]
- 'Stand Your Ground' laws promote violence The Hawkeye - The HawkEye - May 2nd, 2023 [May 2nd, 2023]
- The Conversation: 'Stand your ground' laws empower armed ... - Press Herald - May 2nd, 2023 [May 2nd, 2023]
- Hypocrisy on matters of life and death | Editorial - South Florida Sun Sentinel - May 2nd, 2023 [May 2nd, 2023]
- Darbys Stand Your Ground law immunity hearing denied - WHNT News 19 - April 30th, 2023 [April 30th, 2023]
- The Conversation: Stand your ground laws open invitation to violence - News-Register - April 30th, 2023 [April 30th, 2023]
- US gun violence is so bad countries should warn against travelling ... - openDemocracy - April 30th, 2023 [April 30th, 2023]
- Letters to the Editor Readers weigh in on Gov. Abbotts plan to pardon Daniel Perry - The Dallas Morning News - April 30th, 2023 [April 30th, 2023]
- Man charged after in connection to shooting 17-year-old, who allegedly tried to steal car, DeKalb Police say - 11Alive.com WXIA - April 30th, 2023 [April 30th, 2023]
- 'Stand your ground' laws empower armed citizens to defend property with violence a simple mistake can get you shot, or killed - The Conversation - April 22nd, 2023 [April 22nd, 2023]
- What Are 'Stand Your Ground' Laws, and When Do They Apply? - The New York Times - April 22nd, 2023 [April 22nd, 2023]
- What is a stand your ground law and which states have one? - BBC - April 22nd, 2023 [April 22nd, 2023]
- Legal Expert On Castle Doctrine, 'Stand Your Ground' Laws - KMAland - April 22nd, 2023 [April 22nd, 2023]
- 'Changes the grounds pretty significantly': What 'Stand Your Ground' law rollback means for Georgia - 13WMAZ.com - April 22nd, 2023 [April 22nd, 2023]
- Missouri has a 'Stand Your Ground' law, but it may not help Andrew ... - Nebraska Public Media | News - April 22nd, 2023 [April 22nd, 2023]
- 'Stand Your Ground' laws have increased by 60% across U.S. since ... - Spectrum News - April 22nd, 2023 [April 22nd, 2023]
- Montgomery man guilty of manslaughter in Prattville slaying - Montgomery Advertiser - April 13th, 2023 [April 13th, 2023]
- Greg Abbott's Jury Nullification - by Charlie Sykes - The Bulwark - April 13th, 2023 [April 13th, 2023]
- National Action Network holds panel on police reform with families of Tyre Nichols, George Floyd and Eric Garner - CBS News - April 13th, 2023 [April 13th, 2023]
- Jugging victim shoots suspect during attempt to pull them over himself, Cedar Park police say - FOX 7 Austin - April 13th, 2023 [April 13th, 2023]
- CSotD: Time has come today The Daily Cartoonist - The Daily Cartoonist - April 13th, 2023 [April 13th, 2023]
- Daily Skimm: Abortion Pills, Leaked Documents, and Super Mario Bros - theSkimm - April 13th, 2023 [April 13th, 2023]
- U.S. Army sergeant found guilty of murder in 2020 shooting of Austin ... - The Texas Tribune - April 9th, 2023 [April 9th, 2023]
- Villager using Stand Your Ground defense in UPS golf cart delivery ... - Villages-News - April 4th, 2023 [April 4th, 2023]
- Florida Senate to vote on permitless carry bill - WSVN 7News | Miami News, Weather, Sports | Fort Lauderdale - April 4th, 2023 [April 4th, 2023]
- Victims of spring break double shooting that left one dead are from metro Atlanta - WSB Atlanta - March 28th, 2023 [March 28th, 2023]
- Self-defense: How Floridas Stand Your Ground Law Works - February 24th, 2023 [February 24th, 2023]
- Stand Your Ground Law: All 50 States Reviewed - TacticalGear.com - February 24th, 2023 [February 24th, 2023]
- Unclear if "Stand Your Ground" law will apply in Tampa shooting case of WNY native - WGRZ.com - September 22nd, 2022 [September 22nd, 2022]
- The Militias Never Left Kenosha - The Trace - September 22nd, 2022 [September 22nd, 2022]
- Shelby County sheriff expects no charges in deadly shooting because of Stand Your Ground law - WHIO - August 7th, 2022 [August 7th, 2022]
- Kansas cannot allow another death at the hand of authorities to go without notice and action - Kansas Reflector - July 4th, 2022 [July 4th, 2022]
- Ex-City Official in Florida Is Sentenced to 3 Years for Killing a Shoplifter - The New York Times - May 23rd, 2022 [May 23rd, 2022]
- GOP resolutions call for hand counting paper ballots, praising Johnson on COVID-19 - WisPolitics.com - May 23rd, 2022 [May 23rd, 2022]
- Cleveland Co. District Attorney Will Not File Charges In Fatal Shooting Near OU Campus - news9.com KWTV - April 22nd, 2022 [April 22nd, 2022]
- Jussie Smolletts brother Jocqui insists the actors career will be absolutely fine - REVOLT - April 22nd, 2022 [April 22nd, 2022]
- Study links 'stand your ground' laws to uptick in homicides, but not everywhere - KJZZ - March 20th, 2022 [March 20th, 2022]
- 'Stand your ground' laws proliferate after Trayvon spotlight - ABC News - March 4th, 2022 [March 4th, 2022]
- LaTayla Billingslea Is Fighting for Gun Violence Prevention and Lifting the Voices of Young Survivors - Seventeen.com - February 5th, 2022 [February 5th, 2022]
- Borrello: Stand Your Ground is 'a fundamental right' - Olean Times Herald - January 31st, 2022 [January 31st, 2022]
- In Setback For Ex-Cop Who Fired Blindly Into Breonna Taylors Home, His Upcoming Trial Will Be Partially Open To The Press - NewsOne - January 31st, 2022 [January 31st, 2022]
- Does Wisconsin have the death penalty? Does Wisconsin have stand your ground laws? - AS English - November 26th, 2021 [November 26th, 2021]
- It's time to repeal and replace citizen's arrest laws | TheHill - The Hill - November 26th, 2021 [November 26th, 2021]
- Jackson County mom who killed alleged rapist back in jail after taking kids to trunk or treat - WAAY - November 4th, 2021 [November 4th, 2021]
- Canadas self-defence laws are too sweeping, and the Supreme Court just gave them a pass - The Globe and Mail - October 19th, 2021 [October 19th, 2021]
- Ohio's new 'stand your ground' law: Everything you need to ... - June 6th, 2021 [June 6th, 2021]
- Washington State Stand Your Ground Law & Self-Defense ... - June 6th, 2021 [June 6th, 2021]
- 'Stand your ground' defense rejected in iguana killing - LimaOhio.com - June 6th, 2021 [June 6th, 2021]
- Man accused of stabbing St. Pete teen wont face charges due to stand your ground law - WFLA - May 29th, 2021 [May 29th, 2021]
- 'Stand your ground' laws: Everything you need to know - CNN - March 22nd, 2021 [March 22nd, 2021]
- What are Stand Your Ground Laws? | Brady - March 22nd, 2021 [March 22nd, 2021]
- 'Stand Your Ground' Laws Are Racist, New Study Reveals - March 22nd, 2021 [March 22nd, 2021]
- States With Stand Your Ground Laws 2021 - March 22nd, 2021 [March 22nd, 2021]
- Instead of standing your ground, retreat when possible | Column - Tampa Bay Times - March 2nd, 2021 [March 2nd, 2021]
- Bill would add South Dakota to two dozen states that have stand your ground self-defense laws - KELOLAND.com - March 2nd, 2021 [March 2nd, 2021]
- Senate bill aims to repeal Stand Your Grand law - Famuan - March 2nd, 2021 [March 2nd, 2021]
- Sworn testimony: LCSO detective disagrees with prosecutors over 'Stand Your Ground' death - Wink News - February 11th, 2021 [February 11th, 2021]
- Stand Your Ground Law in Arkansas voted down by House committee - 5newsonline.com - February 3rd, 2021 [February 3rd, 2021]
- Use of force by 4 Hillsborough deputies involved in deadly shooting found to be justified - WTSP.com - February 1st, 2021 [February 1st, 2021]
- Lawyer suspended for Facebook advice on how to shoot an abuser and avoid conviction - ABA Journal - February 1st, 2021 [February 1st, 2021]
- Savannah City Council considers taking stand on stand your ground law with resolution - Savannah Morning News - January 30th, 2021 [January 30th, 2021]
- Column: DeWine had a chance to do the right thing and punted - The Columbus Dispatch - January 7th, 2021 [January 7th, 2021]
- DeSantis new stand your ground would provoke the danger it professes to prevent | Column - Tampa Bay Times - November 21st, 2020 [November 21st, 2020]