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On March 10, a judge ruled that ex-Tampa police officer Curtis Reeves could not claim immunity under Florida's "Stand Your Ground" law for fatally shooting an unarmed man in a movie theater.

Five days later, the Florida Senate approved legislation that could make it much easier for such trigger-happy Floridians to go free after provoking a violent confrontation. Ain't life great in the Gunshine State?

Stand Your Ground, which the Legislature and then-Gov. Jeb Bush forced on Florida in 2005 as a favor to the National Rifle Association, removed any responsibility to retreat for someone who "reasonably believes" that he or she is in danger. Criminal defendants, however, still must persuade a judge that they are entitled to immunity if they claim it under Stand Your Ground.

Senate Bill 128 would shift that burden to the prosecution. Defendants could file a written motion, laying out the supposed facts of their claim. "The court shall (emphasis mine) grant the motion after a pretrial hearing," the legislation reads, "unless the state proves beyond a reasonable doubt that the defendant is not immune."

Bernie McCabe has been the state attorney for Pinellas and Pasco counties since 1993. His office charged Reeves with second-degree murder for shooting Chad Oulson in a theater north of Tampa. Reeves got mad at Oulson for texting during the previews. After Reeves kept it up, Oulson swore at him and turned around to push Reeves' popcorn into his face, at which point Reeves drew his .38 and fired.

In an interview, McCabe said SB 128 would make such cases "totally topsy-turvy. We would have to disprove a negative. This is kind of unexplored territory."

Fortunately, McCabe's prosecutors could use video to undercut Reeves' version of events. He claimed that Oulson was coming at him, but Oulson is not even in the frame when Reeves shoots. Judge Susan Barthle found Reeves' testimony to be "significantly at odds with the physical evidence and other witness testimony. . .The logical conclusion is that he was trying to justify his actions after the fact." Reeves will appeal.

If the House passes SB 128 and Gov. Rick Scott signs it, expect many more such attempts. "I don't know why a defense lawyer wouldn't use it in almost every case," McCabe said. "It's a free shot. The defendant only has to file an unsworn, written motion. He has no skin in the game at that point."

Reeves' lawyers and is family portrayed the 27-year police veteran as a frail 71-year-old who feared for his life that January afternoon in 2014. Stand Your Ground, though, has helped people far less sympathetic than Reeves Under the law, the Tampa Bay Times reported, drug dealers and gang members have benefited.

Reeves could have moved. He could have obeyed the ban on guns in the theater. With even less reason to avoid confrontation, more violence will follow if Stand Your Ground gets stronger.

This new attempt to weaken public safety apparently arose from a 2015 Florida Supreme Court ruling that the defendant bears the burden of proof in Stand Your Ground claims. In dissent, Justice Charles Canady wrote that the decision "substantially curtails the benefit of the immunity from trial conferred by the Legislature under the Stand Your Ground law."

The case involved a man named Jared Bretherick in a sadly typical Florida story. A man cut off the Bretherick family's car, blocking their lane, then got out and approached. Bretherick's father brandished a holstered pistol, and the man retreated. Jared Bretherick took the gun, went to the truck, aimed the weapon at the man told him to move the vehicle or get shot.

As the Florida Supreme Court noted, all five state appellate courts had agreed that defendants have the burden to prove Stand Your Claims based on a "preponderance of the evidence." That's the lower standard for trials in civil courts. SB 128, however, would impose the higher "beyond a reasonable doubt" standard on the prosecution.

If this change passes, McCabe said, Stand Your Ground claims could become so common that defense lawyers who don't file one could be accused of ineffective representation. McCabe and the other 19 state attorneys oppose SB 128, but their opposition likely won't matter.

"This is what the NRA wants," McCabe sighed. "Enough said."

Randy Schultz's email address is randy@bocamag.com

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Toughen 'Stand Your Ground'? Expect more violence | Opinion - Sun Sentinel