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No Homicide Charges For Teen Who Used Illegal Gun to Kill Man, Thanks To Stand Your Ground
No Homicide Charges For Teen Who Shot And Killed A Man With An Illegal Gun, Thanks To Stand Your Ground
BY NICOLE FLATOW ON AUGUST 7, 2013 AT 1:56 PM
Florida prosecutors said Tuesday they would not file homicide charges against a 17-year-old who fatally shot a community choir director in the face, citing the state’s Stand Your Ground law.
In a memo released Tuesday, prosecutors explained that Tyrone Pierson was justified in using deadly force when he encountered Julius Jerome Jacobs on the street, and Jacobs was wielding a large stick. They concluded that even though Pierson possessed the gun illegally, and even though his friends successfully escaped the confrontation by simply walking away, he was immunized by Florida’s Stand Your Ground law, which eliminates any duty to attempt retreat first.
Two friends who were with Pierson at the time of the incident said they were walking down the street when Jacobs “almost hit” them with his SUV, driving at high speed. Pierson yelled at the driver to slow down. Jacobs slowed down and had a “hostile exchange” with Pierson as he passed them by. Jacobs then pulled into a driveway and interacted with another individual in what the teens suspected was a drug exchange. As the teens walked by, he told them he had something for them. The teens continued walking and shortly after that, Jacobs drove toward them, got out of the car, and swung a heavy stick in their direction while yelling at Pierson. One of the teens said he ran away from Jacobs as he was driving toward them, fearing that he was going to try to run them over.
snip
Prior to 2005 the law in the State would require Mr. Pierson to avoid the use of deadly force by “retreating” if he could do so without endangering himself further. Under traditional self defense rules, Mr. Pierson may have been required to retreat as Mr. Smith and Mr. Crim were able to safely do. Given the other two people with Mr. Pierson avoided the conflict by fleeing, it is not unreasonable to assume Mr. Pierson could have done also. However, in 2005, the Florida Legislature substantially amended chapter 776, Florida Statutes, by a series of enactments collectively known as the Stand Your Ground Law.
BY NICOLE FLATOW ON AUGUST 7, 2013 AT 1:56 PM
Florida prosecutors said Tuesday they would not file homicide charges against a 17-year-old who fatally shot a community choir director in the face, citing the state’s Stand Your Ground law.
In a memo released Tuesday, prosecutors explained that Tyrone Pierson was justified in using deadly force when he encountered Julius Jerome Jacobs on the street, and Jacobs was wielding a large stick. They concluded that even though Pierson possessed the gun illegally, and even though his friends successfully escaped the confrontation by simply walking away, he was immunized by Florida’s Stand Your Ground law, which eliminates any duty to attempt retreat first.
Two friends who were with Pierson at the time of the incident said they were walking down the street when Jacobs “almost hit” them with his SUV, driving at high speed. Pierson yelled at the driver to slow down. Jacobs slowed down and had a “hostile exchange” with Pierson as he passed them by. Jacobs then pulled into a driveway and interacted with another individual in what the teens suspected was a drug exchange. As the teens walked by, he told them he had something for them. The teens continued walking and shortly after that, Jacobs drove toward them, got out of the car, and swung a heavy stick in their direction while yelling at Pierson. One of the teens said he ran away from Jacobs as he was driving toward them, fearing that he was going to try to run them over.
snip
Prior to 2005 the law in the State would require Mr. Pierson to avoid the use of deadly force by “retreating” if he could do so without endangering himself further. Under traditional self defense rules, Mr. Pierson may have been required to retreat as Mr. Smith and Mr. Crim were able to safely do. Given the other two people with Mr. Pierson avoided the conflict by fleeing, it is not unreasonable to assume Mr. Pierson could have done also. However, in 2005, the Florida Legislature substantially amended chapter 776, Florida Statutes, by a series of enactments collectively known as the Stand Your Ground Law.
http://thinkprogress.org/justice/2013/08/07/2427201/prosecutors-wont-charge-teen-for-deadly-shot-under-stand-your-ground-even-though-he-illegally-possessed-the-gun/
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