Page 4 - Florida Sentinel 3-10-17

Feature
‘Stand Your Ground’:
Proposed Bill Would Shift Burden Of Proof To Prosecutors
BY IRIS B. HOLTON Sentinel City Editor
In 2005, Florida legislators passed a controversial law that further expanded an individ- ual’s right to defend them- selves with violence. Since its passage, the bill has been used in several court cases that re- ceived national attention.
On the night of February 26, 2012, George Zimmer- man, then 28 years old shot and killed 17-year-old Trayvon Martin in Sanford, Florida. Martin was not armed during an altercation instigated by Zimmerman.
Zimmerman was the neighborhood watch coordina- tor for the complex, and was not supposed to carry a weapon. He claimed self de- fense under the “Stand Your Ground” law and was acquit- ted of the murder. Although the case was reviewed by the Department of Justice, no other charges were filed against Zimmerman be- cause of a lack of evidence.
Martin was temporarily living in the complex with his father.
The original bill places the burden of proof on the defen- dant in the case. However, this week Florida legislators will revisit a proposed change to the legislation.
Republican Senator Rob Bradley, District 5, is propos- ing to change how a criminal defendant seeks immunity under the controversial law. He is proposing that the bur- den of proof should rest on the
TREVOR DOOLEY
... Shot and killed David James September 25, 2010
shoulders of the prosecutors, instead of the defendant.
The proposal, Senate Bill 128, has already passed the Ju- diciary Committee 5-4 along party lines. It is expected to go before the full Florida Senate in the near future.
Hillsborough County State Attorney An-
drew War-
ren said, “I
am opposed
to the pro-
posed “Stand
Your Ground”
legislation because it signifi- cantly disrupts the operation of our criminal justice sys- tem, undermines public safety, and makes it more difficult for our office to fairly and impar- tially apply the law.
“Our criminal justice sys- tem is already overburdened and underfunded. This bill would potentially require two trials in any case involving vi- olence, from a bar fight to a murder. This not only further taxes the time and resources of our prosecutors, but also makes the job of our law en-
CURTIS REEVES
... Shot and killed Chad Oulson January 13, 2014
forcement partners harder, undermining our ability to prosecute violent crime. We should be finding ways to make our system more effi- cient while making our neigh- borhoods safer – this bill does neither.”
State Representative Sean Shaw said, “I
can tell you
that I am
against the proposed changes. This would open the door to a ask questions tality.
the defense. If the prosecutor is not able to disprove “Stand Your Ground” as a possible de- fense, then the defendant goes free from prosecution for the death of another person.
“While the current “Stand Your Ground” law has many problems that warrant modifi- cation, the proposed change will embolden people to stand their ground when other ac- tions could prevent a homi- cide; thereby increasing violent encounters and de- creasing safety.
“Surely, in the current cli- mate of political discord and uncertainty, the legislature has more pressing issues facing Florida’s citizens that warrant attention.”
Passage Of Original Bill
In 2005, the “Stand Your Ground” bill passed in the Senate 39-0 and in the House 94-20. Then Governor Jeb Bush signed it into law.
Senator Arthenia Joyner was
one of the most vocal against the 20 House De- mocrats who voted against the bill.
She was quoted at the time as saying, “When you give a person the right to use deadly force anywhere they’re law- fully supposed to be, then we open Pandora’s Box, and in- side the box will be death for some persons.”
More than 1o years later, Senator Joyner said, “My worst fears are being realized and my opinion has not changed.”
Two Bay Area Cases
Currently, there are two cases in the bay area in which the controversial “Stand Your Ground” law was used as a de- fense.
On September 25, 2010, Trevor Dooley, then 69, be- came involved in an argument
TRAYVON MARTIN
... Was killed by George Zimmerman on Feb. 26, 2012
with his neighbor, 41-year-old David James. The quarrel was over a skateboarder on the basketball court at the area playground.
The argument escalated and ended with the two men becoming involved in a physi- cal altercation. Dooley, who was armed, shot and killed James. His daughter, then 8, witnessed the incident.
Dooley was arrested and charged with manslaughter. His “Stand Your Ground” de- fense was rejected and he was sentenced to 8 years in prison.
Dooley, now 76, is cur- rently released on bond after the 2nd District Court of Appeal granted him a new trial. The ruling was based on an ineffec- tive appellate lawyer and erro- neous wording in the jury instructions on the justifiable use of deadly force.
Attorney Bill Ponall is representing Dooley.
In the second bay area case, retired Tampa Police Captain Curtis Reeves was arrested and charged with the second degree murder after he shot and killed 43-year-old Chad Oulson in a Wesley Chapel theater. The shooting took place on January 13, 2014. Oulson’s wife was also injured by gunfire but recov- ered from her injuries.
Reeves, who was 71 at the time of the shooting, contends that Oulson threw an object in his face. Witnesses said they only observed popcorn being thrown. Reeves was report- edly upset because Oulson was texting on his cell phone.
A hearing to determine if Reeves can use the “Stand Your Ground” law as a defense took place recently. The judge has not made a determination in the case.
Attorney Rick Escobar is representing Reeves.
shoot first and later type men-
“Also, it will require the state attorney to essentially have two trials due to the change in the burdens of proof. Lastly, we've seen the statute used to justify horrific actions against our people and I do not want to see any expan- sion of that potential in the fu- ture.”
Attorney Clinton Paris
said, “The
proposed new
Florida “Stand
Your Ground”
law goes
against the
long estab-
lished method
dant uses an exculpatory defense and makes Florida more dangerous. Under the newly proposed provision, once a defendant pleads “Stand Your Ground” as a de- fense, the prosecution has the initial burden of disproving
of how a defen-
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