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Miami Judge: back-stabbing allowed under Stand Your Ground

Yesterday, the framers of the Stand Your Ground law said it was all about self-defense and that the law didn't need to be revisited or clarified after Trayvon Martin's death. Check out this new wrinkle in today's Miami Herald:

As critics assail Florida’s “Stand-Your-Ground” law in the wake of the killing of an unarmed Miami Gardens teen in Sanford, a Miami-Dade judge on Wednesday cited the law in tossing out the case of a man who chased down a suspected burglar and stabbed him to death.

Greyston Garcia was charged with second-degree murder in the slaying of Pedro Rotela, whom he chased for more than a block before stabbing the man in the back.

The case illustrates the difficulty police and prosecutors statewide have experienced since the 2005 law eliminated a citizen’s duty to retreat in the face of danger, putting the burden on a judge, not a jury, to decide if the accused is immune from prosecution.

In Sanford, police have cited the Stand-Your-Ground law in their decision not to arrest a neighborhood watch volunteer in the shooting death of Treyvon Martin, 17. A Seminole County grand jury will eventually decide on whether the man who shot Trayvon, George Zimmerman, should face homicide charges.

Miami Sgt. Ervens Ford, who supervised the Garcia case, was floored when told of the judge’s decision Wednesday. Ford called the law and the decision by Miami-Dade Circuit Judge Beth Bloom a “travesty of justice.”

“How can it be Stand Your Ground?” said Ford, a longtime homicide investigator who on his off-day on Monday plans to attend a rally in the Treyvon case in Sanford with his two teenage sons. “It’s on [surveillance] video! You can see him stabbing the victim in the back.”


Read more here: http://www.miamiherald.com/2012/03/21/2706789/miami-judge-stabbing-in-the-back.html?utm_source=dlvr.it&utm_medium=twitter#storylink=cpy

Comments

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Shady Lady Miami

This law is the template for the perfect murder. That person you hate or the neighbor that is making your life miserable? Get a carry permit, confront them ANYWHERE (their property or invite them to yours 'to talk') with NO witnesses (that is important of course) yell STOP really loud in case someone is within earshot (even better, dial 911 if you feel like it and let them hear you yell STOP) and then SHOOT! ALL you have to say is that they person was coming towards you and you were afraid, and the law says YOU are allowed to stand your ground. The police cannot even arrest you. Sounds like a law made in HEAVEN for would-be murderers! BUT it has convinced me to get a carry permit now, just to protect MYSELF from THOSE kind of people!

K.S. Abrams

I'm in full agreement with Shady Lady's comment. This law is being interpreted as a license to kill
unwelcome neighbors, youth, or passers-by. What a travesty!

Firebird 07

If the stabbing victim obtained wounds in his back, not facing the assailant, how is that "standing your ground"? The law is simply a license to kill. There's no need for it to exist. If someone was actually confronted with a life-or-death situation, they wouldn't need any legislation to tell him/her it's okay to take do what you can to survive, they'd just do it.Simply a license to kill.

Sandy

This is one of those laws where the people were asleep when some lawmaker got this law enforced. That lawmaker needs to be removed, recalled, re-something! If it was the people of Sanford who voted this into law, shame on them.

merridee

These laws are courtesy of ALEC and the NRA and have been put forth in almost every state. There is a load of rich folks money behind these laws so it's not just the work of one or two lawmakers.

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