PA Bill Number: HB2235
Title: Providing for regulation of the meat packing and food processing industry by creating facility health and safety committees in the workplace; ...
Description: Providing for regulation of the meat packing and food processing industry by creating facility health and safety committees in the workplace; ... ...
Last Action: Referred to LABOR AND INDUSTRY
Last Action Date: Apr 25, 2024
Police ignore 'stand your ground' defense, attorneys say :: 10/08/2015
After a shooting, law enforcement officers are ignoring an important provision in the state's "stand your ground" statute that requires them to determine if self-defense is applicable before they make an arrest, prominent defense attorneys say.
"If there's a confrontation and someone gets shot or hurt, the winner goes to jail. It doesn't matter about provocation. They're going to jail," said Bradenton attorney Charles M. Britt III, who says he has handled 50 "stand your ground" cases. "The statute says that before law enforcement can make an arrest, they have to determine that 'stand your ground' doesn't apply. It's right there in the statute, but I've never once seen them do it. They always arrest first and let the system sort it out. Since 2005 when it was written into the statute, I've never seen them do it, not once."
Britt said he is not sure whether the issue stems from apathy or a lack of training.
"It's become a scary situation. People have concealed carry permits to defend themselves," he said. "But what police are saying is that if you defend yourself and win the confrontation, you're still going to jail, you're still going to spend thousands of dollars on bond and attorneys and, since you're charged with a felony, your gun and concealed carry permit will be seized, and you have no recourse against the police."
Britt's comments came two days after 22-year-old Christian James Gunter was arrested on charges of aggravated battery with a deadly weapon for allegedly shooting Roger Atlas, 59, at the Sunoco gas station, 5808 S. Tamiami Trail. If convicted, Gunter could face a mandatory minimum of 25 years in prison under Florida's 10-20-Life Law.
Gunter's defense attorney, Jeffrey Young, says the shooting is a classic example of a "stand your ground" defense, and surveillance video obtained by the Herald-Tribune appears to buttress Young's claims.
Sheriff's officials say that detectives are still investigating the incident and that it is too early to comment on the case.
According to Sarasota County Sheriff's Office reports, Atlas told a detective he was driving south on Tamiami Trail at about 6:12 p.m. Monday when his Ford Taurus began jerking because of overheating. Atlas said he stopped at a red light at Ivanhoe Street and Gunter pulled up to his driver side window on a motorcycle and began arguing with him about his driving.
Atlas said he drove on when the light turned green and that Gunter continued to follow him, the report states.
Gunter drove to the gas station, and Atlas arrived a short time later.
The surveillance video shows Gunter about to put gas in his motorcycle when Atlas pulls up near him.
Atlas, who weighs 180 pounds, grabs Gunter, who weighs 125 pounds, by the shoulders and throws him to the ground, knocking over his motorcycle.
The video then shows Gunter draw his pistol, point it at Atlas and begin backing away. Atlas moves toward Gunter, who continues to back away from the larger man, until he is shot.
The footage does not show any struggle over the firearm as Atlas told detectives.
Atlas was treated and released for a gunshot wound that was not life-threatening. Gunter remains in the county jail, held on $50,000 bail.
Atlas could not be reached by the Herald-Tribune for comment.
An unwillingness by police to investigate self-defense claims before making arrests has become more common, Sarasota attorney Andrea Mogensen said.
"I think the trend is that if a person has a firearm, they're more likely to be arrested, which is unfortunate because we have a constitutional right to bear arms, but that seems to be the trend," Mogensen said. "And these law enforcement agencies rely on the system to sort it all out later."
Sarasota attorney Stephen "Matt" Whyte — a certified firearms instructor who lectures around the state on self-defense, including the "stand your ground" and "warning shot" laws — noted that Florida law "states unequivocally that a person who lawfully uses or threatens to use force is immune from criminal prosecution, including an immunity from being detained, arrested, or even charged. In that same statute, law enforcement is tasked with using standard procedures to investigate the use of force event and can only detain, arrest, or charge the accused if the agency determines that there is probable cause that the force used or threatened was unlawful."
"Obviously, if he was arrested and charged, law enforcement must have come to this conclusion," Whyte said. "The issue now moves to the State Attorney’s Office where a prosecutor will have to review the reports, watch the video, talk to the witnesses, and make a determination if the state can prove the charges and overcome the expected self-defense arguments beyond a reasonable doubt."
http://www.heraldtribune.com/article/20151007/ARTICLE/151009741?p=2&tc=pg
