Siding with a Broward County sheriff’s deputy who fatally shot a man, the Florida Supreme Court on Thursday unanimously ruled that law-enforcement officers can use the state’s “stand your ground” self-defense law to be shielded from prosecution.
Justices upheld the dismissal of a manslaughter charge against Deputy Peter Peraza, who contended that he acted in self-defense and, as a result, was immune from prosecution under “stand your ground.” Peraza in July 2013 shot Jermaine McBean, a man with a history of mental illness who had pointed an air rifle at officers, according to the Supreme Court.
In an 11-page opinion, Justice Alan Lawson wrote that two parts of the controversial “stand your ground” law make clear that a “person” is justified in using deadly force and does not have a duty to retreat if that person believes it is necessary to prevent death or great bodily harm.
“Because these statutes plainly and unambiguously afford Stand Your Ground immunity to any ‘person’ who acts in self-defense, there should be no reason for further analysis,” Lawson wrote, going on to cite an earlier court case and a dictionary definition. “Put simply, a law enforcement officer is a ‘person’ whether on duty or off, and irrespective of whether the officer is making an arrest. Although neither of the two statutes defines the word ‘person,’ it must be given its ‘plain and ordinary meaning.’ In common understanding, ‘person’ refers to a ‘human being,’ which is not occupation-specific and plainly includes human beings serving as law enforcement officers.”
The Supreme Court took up the issue after conflicting opinions from lower courts about whether law-enforcement officers could use the “stand your ground” law. The 4th District Court of Appeal agreed with Peraza, but the 2nd District Court of Appeal came to a different conclusion in an earlier case.
Attorney General Pam Bondi’s office urged the Supreme Court to go along with the 2nd District Court of Appeal and rule against allowing officers to use the “stand your ground” defense. Bondi’s office contended that police are subject to an older law that can provide what is known as “qualified” immunity.
“It’s two different laws that have two different procedures, and that’s what this fight comes down to — which procedure applies,” Melanie Dale Surber, a senior assistant attorney general, told the Supreme Court during oral arguments in August.
Lawson wrote that the 2nd District Court of Appeal made a “good faith attempt to ferret out what the Legislature ‘intended’ when it enacted a defense that partially overlapped a pre-existing defense.” But he said the “plain language” of the “stand your ground” law clearly resolved the issue.
The Peraza case stemmed from an incident in which police received a report of a man walking down a street openly carrying a gun. Peraza and another officer pursued McBean and ordered him to stop and drop the weapon, according to court records. The man did not drop the weapon, leading Peraza to fatally shoot him. The weapon turned out to be an air rifle.
Peraza was indicted on a charge of manslaughter with a firearm but used a “stand your ground” defense. Under the law, a circuit judge held a pre-trial evidentiary hearing before siding with the deputy’s self-defense arguments. The 4th District Court of Appeal later upheld that ruling.
–Jim Saunders, News Service of Florida
Florida v. Peraza (Stand Your Ground, 2018)
Click to access peraza-stand-your-ground.pdf
Edith Campins says
Be afraid, be very afraid and don’t walk around with a bag os Skittles in your hand.
Jim Heater says
So if a under-cover cop or cops accidently break into the wrong house and I shoot them….the “Stand your Ground” law will be work for me ? Right Florida Supreme Court…..I don’t TRUST anyone who says their a cop and breaks in my door.
mausborn says
It’s black teen hunting season in Florida…
hawkeye says
the cop did what he had to do ,if someone points a rifle at you or other officers,there is no time to determine if it is a real rifle or an air rifle,the officer felt he and or the other officers was in danger and put an end to the threat.There is no need for the smug, race baiting comments that other commentators have posted.
Cpt Andy says
So now police have the ability to shoot at anyone, and claim they are standing their ground. Absurd!!!!! There are far more cops killing citizens than citizens shooting cops. If a cop can’t stand the heat, get out of the kitchen. They know the dangers, as do soldiers, and we don’t have soldiers wanting a pat on the back, and shooting at anyone and everyone who scares them. Soldiers don’t get to sleep in their bed every night and they don’t get to be with their family every night. Cops need to man up and perhaps do 4-6 years in the military before entering into law enforcement. The line needs to be drawn. We have a country out of control and lame leadership.
Joe says
Note to imbeciles
If the police tell you to drop the gun whether it’s real or not, drop it.
Ivan says
Yes it is applied in that situation and has been applied several times in the recent years. However it only applies to lawful self defense. If your engaged in criminal activity, there is no right to self defense.
https://www.google.com/search?q=homeowner+shoots+police
john brianson says
joe b right methinks
Agkistrodon says
Yes I would rather resist and die then to comply…………..Pretty stupid line of thinking. Edith, this person had a weapon Not skittles. STick to the facts.
The Mon says
I guess you didnt see the part where it said the man was mentally ill. Reading goes a long way pal.
Agkistrodon says
Law Enforcement does not have a running list of those who are mentally ill. If someone presents themselves in a manner that is a threat to life, how long must one wait? I guess next time someone feels their life is in danger, they should make an appointment with Drs, for the person who is the “threat”……Then after a proper diagnosis, they can defend themselves……..