In the most comprehensive effort of its kind, the Tampa Bay Times has identified nearly 200 "stand your ground'' cases and their outcomes. The Times identified cases through media reports, court records and dozens of interviews with prosecutors and defense attorneys across the state.
Among the findings:
• Those who invoke "stand your ground" to avoid prosecution have been extremely successful. Nearly 70 percent have gone free.
• Defendants claiming "stand your ground" are more likely to prevail if the victim is black. Seventy-three percent of those who killed a black person faced no penalty compared to 59 percent of those who killed a white.
• The number of cases is increasing, largely because defense attorneys are using "stand your ground" in ways state legislators never envisioned. The defense has been invoked in dozens of cases with minor or no injuries. It has also been used by a self-described "vampire" in Pinellas County, a Miami man arrested with a single marijuana cigarette, a Fort Myers homeowner who shot a bear and a West Palm Beach jogger who beat a Jack Russell terrier.
• People often go free under "stand your ground" in cases that seem to make a mockery of what lawmakers intended. One man killed two unarmed people and walked out of jail. Another shot a man as he lay on the ground. Others went free after shooting their victims in the back. In nearly a third of the cases the Times analyzed, defendants initiated the fight, shot an unarmed person or pursued their victim — and still went free.
• Similar cases can have opposite outcomes. Depending on who decided their cases, some drug dealers claiming self-defense have gone to prison while others have been set free. The same holds true for killers who left a fight, only to arm themselves and return. Shoot someone from your doorway? Fire on a fleeing burglar? Your case can swing on different interpretations of the law by prosecutors, judge or jury.
• A comprehensive analysis of "stand your ground" decisions is all but impossible. When police and prosecutors decide not to press charges, they don't always keep records showing how they reached their decisions. And no one keeps track of how many "stand your ground" motions have been filed or their outcomes.
Claiming "stand your ground,'' people have used force to meet force outside an ice cream parlor, on a racquetball court and at a school bus stop. Two-thirds of the defendants used guns, though weapons have included an ice pick, shovel and chair leg.
People have had the right to defend themselves from a threat as far back as English common law. The key in Florida and many other states was that they could not use deadly force if it was reasonably possible to retreat.
That changed in 2005 when Gov. Jeb Bush signed into law Florida Statute 776.013. It says a person "has no duty to retreat and has the right to stand his or her ground'' if he or she thinks deadly force is necessary to prevent death, great bodily harm or commission of a forcible felony like robbery.
"Now it's lawful to stand there like Matt Dillon at high noon, pull the gun and shoot back,'' said Bob Dekle, a University of Florida law professor and former prosecutor in North Florida.
Durell Peaden, the former Republican senator from Crestview who sponsored the bill, said the law was never intended for people who put themselves in harm's way before they started firing. But the criminal justice system has been blind to that intent.http://www.tampabay.com/news/publicsafe ... on/1233133