In a case stemming from a man who killed a pit bull when he and his Chihuahua felt threatened, an appeals court ruled Wednesday that Florida’s “stand your ground” self-defense law can apply to cases involving animals.
A three-judge panel of the 4th District Court of Appeal said a Palm Beach County circuit judge improperly denied a stand-your-ground immunity hearing for Cassanova Gabriel, who was charged with crimes including cruelty to animals.
The court’s main opinion, written by Judge Burton Conner and joined by Judge Dorian Damoorgian, concluded that “a person is immune from criminal prosecution for the use of deadly force against an animal where the person has a reasonable belief that such force is necessary to prevent imminent death or great bodily harm to himself or herself or another.” Judge Ed Artau wrote a concurring opinion.
A motion filed in May in Palm Beach County circuit court seeking a stand-your-ground hearing said Gabriel was walking his Chihuahua near his father’s apartment building on Sept. 8, 2022, when they were threatened by a large pit bull. The motion said Gabriel tried to kick the pit bull away, but it became more aggressive.
Gabriel fired warning shots to try to scare away the pit bull but ultimately shot the dog, the motion said. Gabriel later was arrested on charges of cruelty to animals while in possession of a firearm, discharging a firearm in public and discharging a firearm in a residential area.
The long-controversial stand your ground law says a person is justified in using deadly force if there is reasonable belief it is “necessary to prevent imminent death or great bodily harm to himself or herself or another or to prevent the imminent commission of a forcible felony.” In such situations, the law says, a person “does not have a duty to retreat and has the right to stand his or her ground.”
Defendants who contend they acted in self-defense can seek immunity from prosecution in pre-trial hearings. But in Gabriel’s case, the Palm Beach County State Attorney’s Office said he was not entitled to a hearing because the law “does not apply to defense against animals.”
Circuit Judge Scott Suskauer agreed with prosecutors, writing in June that the law is “applicable only in cases involving person to person interactions. Nothing in the statutory language reasonably leads to the conclusion that the statute is, or should be, applied to animal interactions.”
The appeals court, however, said Wednesday that Suskauer “misinterpreted the statutory language” and sent the case back to the lower court.
“We recognize our opinion may make criminal prosecutions for animal cruelty more challenging for the state when a defendant claims self-defense. … However, it is up to the Legislature to address the issue as it sees fit,” a footnote in Wednesday’s main opinion said.
Suskauer’s June decision said a defendant had attempted to use the stand-your-ground law in at least one other Palm Beach County case involving an animal — an iguana. But he wrote that Judge Jeffrey Gillen in 2021 ruled that the law did not apply to animal interactions.
“In that case, (the) defense filed a motion for pre-trial immunity … arguing that the defendant was entitled to kick and ultimately kill an iguana after the iguana bit the defendant,” Suskauer wrote.
–Jim Saunders, News Service of Florida
The Geode says
…as well as it should. If you care about YOUR animals – keep them away from harming other people who don’t have the patience, understanding or time to ascertain if YOUR animal is friend or foe.
Alex says
Florida the Wild Wild West of the East. Now we will have people shooting animals saying they felt threatened when in fact the isn’t true.
If anyone shoots your pet, the first thing you need to do is hire a lawyer and insists they prove they felt threatened, and I would bet they lied. And demand they pay you for the emotional stress it will cause you.
Skibum says
I love animals, particularly dogs… always have, always will. But if your dog is a pit bull, running loose, and being aggressive toward someone who is merely on a stroll through their neighborhood or walking their own dog on a leash as they should be, then the aggressive dog is fair game as far as I am concerned. Over my 29 years in law enforcement, I have been attacked by aggressive pit bulls, once while still in my patrol car. In that incident, I was trapped inside while a very aggressive pit bull who was unleashed, repeatedly attacked the car, chewing at the front tires. I had to turn on the siren to get someone’s attention inside the house because they were completely unaware and unconcerned about the fact that the dog had free reign in and out of their yard with a wide open gate for the driveway. The owner finally did come out and take the dog away from my car and put it inside their house. Had I been outside of my car when that dog attacked, I would have shot it without hesitation. Pit bulls have a very bad reputation for a reason, more than any other dog breed, and they need to be properly controlled by their owners for the sake of other people as well as for the sake of the dog itself. Any pet owner who is so negligent about properly restraining their dog to ensure the safety of others doesn’t deserve to be a pet owner.
JW says
Makes me think about the elections: if a politician threatens to attack his or her adversary, is that a reason in Florida that one can kill the politician?
Charles says
Just listen to the orange face criminals’ comments that should tell you that answer.
Sick People says
And who deems the behavior threatening and to what level? Someone may see a dog pulling on its leash as aggressive and now they will get away with it? It’s murky like stand your ground for people. A woman shooting her abusive husband who is actively attacking her is sentenced to jail. A white man shooting a black person for walking by their house aggressively gets off scott free. Why can’t Republicans stop killing animals? It’s almost like their Haitians eating animals lie was projection as its finest.
oldtimer says
WTF?
Mary Fusco says
I’ve owned dogs for over 50 years. Anyone that has had dogs knows well that a large dog can rip an adult, child or another dog apart. Once they taste blood, they are not going to let go. Ankle biters are annoying but won’t kill. What concerns me about this is the mass hysteria on social media by residents of PC if a dog poops on the edge of their lawn or pees on their mailbox. Will these dogs also be shot if they are just passing by? After all, a dog can’t talk so the “feared for my life” could be used. Bottom line is that pets, like children, are a huge responsibility. If pet owners are unable to protect their pets, it may be time to rehome them.
I love dogs but I also know the dangers. Years ago when my daughter was 3 she was standing in the driveway eating a cookie. A neighbor’s GS was running loose, ran up to her, tried to take the cookie and grabbed her by the lips. Luckily, she was not afraid of dogs and did not pull away. She had rips and tears and still has a few little scars. ER Dr. said that if she had panicked, her mouth would have been gone. The dog would not leave and a neighbor had to beat it off with a stick. BTW, owners said it was not their fault because they were not home. For those condoning dogs running loose, this is an example of the consequences.
Dennis C Rathsam says
I had a lady who lived across the street, she had large dog that used to run free & piss on my lemon tree. My wife yelled at her many times before she stopped. Then one morning I was tinkering in my garage, she walked by, with the dog on a leash & let it shit on my front lawn. I told her to pick it up, she just kept walking away. I grabbed my shovel, picked up the crap & through it on her front door & porch. She then called the sheriff, & a deputy came over to speak to me. He asked if I had thrown the crap at her door. I said yes, & explained why I did it. After hearing the story, I asked him what would you have done? He smiled & said I understand your fustrations! He went back to the lady & told her to keep her dog off my property. I had 2 dogs at the time, they never shit on anybody’s lawn but mine. Then I didn’t see her dog anymore, I asked my buddy next door, what happened to her dog, He told me they put the dog in the in the cage around her pool, as they were going out for dinner. When they returned the dog had drown in the pool.
Wow says
Maybe just we can shoot anybody/anything that is annoying.
Pierre Tristam says
Stand Your Ground is a modern-day euphemism for Jim Crow vigilantism.
John says
Stand your ground is pure BS.
Mary Fusco says
John, everything is BS until it happens to you. Then the world comes to an end. BTW, I have never touched a gun but if I had one the day my daughter was bitten by a dog running loose, he would have been history. Just saying. Not only did she have a ripped mouth, she would have had to go through painful rabies shots if the dog was not up to date on vaccinations. Luckily the morons that let their dog run were nice enough to have it vaccinated.
Dennis G Lynch says
That’s got to be one of the most ridiculous things I’ve ever read!
Pierre Tristam says
Perhaps you should read more.
BLINDSPOTTING says
The gun happy state where morons in their trucks and cars point guns
to people on the road next to the them if they don’t like the way
they are driving.
eat dogs or shoot them says the gop says
gop always out to solve real problems lol. shooting dogs is just wrong, dogs poor behavior is due to poor training.