The Stand Your Ground law is most widely associated with the Feb. 26 shooting death of Trayvon Martin, an unarmed 17-year-old killed in Florida by George Zimmerman, a neighborhood watch captain who claimed he was acting in self-defense.
But as a recent Tampa Bay Times investigation indicates, the Martin incident is far from the only example of the law’s reach in Florida. The paper identified nearly 200 instances since 2005 where the state’s Stand Your Ground law has played a factor in prosecutors’ decisions, jury acquittals or a judge’s call to throw out the charges. (Not all the cases involved killings. Some involved assaults where the person didn’t die.)
The law removes a person’s duty to retreat before using deadly force against another in any place he has the legal right to be – so long as he reasonably believed he or someone else faced imminent death or great bodily harm. Among the Stand Your Ground cases identified by the paper, defendants went free nearly 70 percent of the time.
Although Florida was the first to enact a Stand Your Ground law, 24 other states enforce similar versions. Using the Tampa Bay findings and others, we’ve highlighted some of the most notable cases where a version of the Stand Your Ground law has led to freedom from criminal prosecution:
· In November 2007, a Houston-area man pulled out a shotgun and killed two men whom he suspected of burglarizing his neighbor’s home. Joe Horn, a 61-year-old retiree, called 911 and urged the operator to “ ‘Catch these guys, will you? Cause, I ain’t going to let them go.’ ” Despite being warned to remain inside his home, Horn stated he would shoot, telling the operator, “ ‘I have a right to protect myself too, sir. The laws have been changed in this country since September the first, and you know it.’ ”
Two months earlier, the Texas Legislature passed a Stand Your Ground law removing a citizen’s duty to retreat while in public places before using deadly force. In July 2008, a Harris County grand jury declined to indict Horn of any criminal charges.
· In Louisiana early this year, a grand jury cleared 21-year-old Byron Thomas after he fired into an SUV filled with teenagers after an alleged marijuana transaction went sour. One of the bullets struck and killed 15-year-old Jamonta Miles. Although the SUV was allegedly driving away when Thomas opened fire, Lafourche Parish Sheriff Craig Webre said to local media that as far as Thomas knew, someone could have jumped out of the vehicle with a gun. Thomas, said the sheriff, had “decided to stand his ground.”
Louisiana’s Stand Your Ground law was enacted just a year after Florida introduced its law.
· In March 2012, Bo Morrison was shot and killed by a homeowner in Wisconsin who discovered the unarmed 20-year-old on his porch early one morning. According to friends, Morrison was trying to evade police responding to a noise complaint at a neighboring underage drinking party. The homeowner, thinking Morrison was a burglar, was not charged by the local district attorney.
While Wisconsin doesn’t have a Stand Your Ground law that extends to public spaces, Gov. Scott Walker signed an “intruders bill” in December 2011 that presumes somebody who uses deadly force against a trespasser in their home, business or vehicle acted reasonably, whether or not the intruder was armed. Before the law was enacted, homeowners could only use deadly force if their own lives were at risk.
· In April, 22-year-old Cordell Jude shot and killed Daniel Adkins Jr., a pedestrian who walked in front of Jude’s car just as Jude was pulling up to the window of a Taco Bell drive-thru in Arizona. Jude claimed Adkins had waved his arms in the air, wielding what Judge thought was a metal pipe – it was actually a dog leash. Jude shot the 29-year-old Adkins, who was mentally disabled, once in the chest. As of May, an arrest had not been made in the April 3 shooting. Arizona passed a Stand Your Ground law in 2010.
· In January, a judge in Miami tossed out a second-degree murder charge against Greyston Garcia after he chased a suspected burglar for more than a block and stabbed him to death. The judge decided the stabbing was justified because the burglar had swung a bag of stolen car radios at Garcia – an object that a medical examiner at a hearing testified could cause “serious harm or death.” The judge found Garcia was “well within his rights to pursue the victim and demand the return of his property.”
–by Suevon Lee, ProPublica
We have to defend our self & protect our properties against bad people.
lefty loonie says
Ok, I should let the perps kill me so people can go wave dog leashes at cars? Better to get a gun and stand your ground. Leave the leash at home.
All 24 were within their rights ! Thank GOD we have this Law. Maybe 17 year old gang thugs and criminals need to change their ways or face the alternative !
Stand your ground my arse. Murder is murder, come on. A drug deal gone bad, what are you thinking? No wonder our country has gone to crap~
The country has gone to “crap” because of decaying social morals and a generation of sub-human youth that think they are “owed” something for doing NOTHING !
[Clint, speaking of going to crap: you could help by not being rude to commenters and forcing us to edit you (and we’re not referring to what was left standing in this comment). Thanks.–FL]
Stand your ground…I see why most of the proponents of stand your ground support the invasion of other nations and don’t think twice about the collateral damage in the cost of human life.
i.e. The fallacy of American Exceptionalism
There's another side of the story says
How sad our country has become.
@ w. ryan: In light of a severe darth of conversations involving both stand your ground laws AND invading other nations, I’m kinda curious as to how you reached that conclusion.
The law empowers nutcases.
I like the law because it makes sense to allow the citizenry to be able to better protect themselves.
But who cares what I like?
There’s a lot of people out there who are just “looking for a reason.” You know the type – the boastful ones who declare that they wouldn’t “bat an eye” if it came down to shooting someone. This makes the SYG law prone to abuse and subject to different interpretations, which can lead to a tragedy for the gun-toting citizen, as well as the criminal perpetrator or innocent bystander.
Shooting someone should only be done in he gravest of extremes. And it takes maturity and a calm head to make these duress-fueled split-second decisions. I don’t see these qualities in people too frequently. Actually, people seem stressed-out and more aggressive than ever.
More education is needed – I think. The NRA course prerequisite for licensing is weak – it’s just too topical.
Anybody agree? Disagree?
I think there are a lot of stupid carrying guns; more concerning and dangerous in my view is that there are too many stupid people allowed to vote.