"Stand Your Ground" case in Florida

[paulfishnet]

"Max Wesley Horn spent the past two years behind bars, awaiting trial for shooting a man at a crowded street festival.

He killed Joe Martell, but he believed he was right in doing it.

After deliberating nearly three hours Thursday, a jury agreed.

"I knew all along that the law was with me," Horn said after being found not guilty of second-degree murder under Florida's "stand your ground" law that allows people to meet force with force anywhere they feel threatened."
- St. Petersburg Times, Jan. 29, 2010  http://www.tampabay.com/news/courts/criminal/jury-acquits-shooter-in-pascos-stand-your-ground-trial/1068849

I would like to hear the ProArms group discuss this case and others like it. I think Mr. Horn made a lot of bad decisions which put him in harm's way. As Michael Bane put it, "Don't do stupid things with stupid people in stupid places."

As concealed and open carry becomes more prevalent, cases like this are going to happen more often. I heard Massad Ayoob on "Armed American Radio" discussing the way to handle the aftermath of a self-defense shooting. I think it would be helpful to examine how to avoid sitting in jail for two years waiting to be "judged by twelve."

Thank you, ProArms team! I look forward to the release of each new show.
Paul Rose

[MasAyoob]

Horn's case was a sad one. No one will give him the two years of his life back. Yet, you KNOW some buttwipe is gonna come in the internet and say, "Aw, it's all good -- he got acquitted, didn't he?"

Paul, I mentioned this case in a column I just sent in to Combat Handguns. I wasn't involved in FL v. Horn in any way, but I was recently involved in another case in another part of Florida where a young man spent a similar amout of time in jail awaiting trial. His shooting, like Horn's, happened after the Stand  Your Ground law was passed, but it didn't do either of them any good.  If the other side can make an argument of malice or negligence, you're in for it. You don't normally see bail on a murder charge in Florida.

People place too much reliance on the Stand Your Ground laws.

Yours for reality (and appreciating your contribution to same!) ,

Mas

[Carrot]

After reading through the article above, this seems like a rather convoluted case that I would like to hear the team dissect.  How much did the first encounter influence the decision to prosecute?  Even with the issue of disparity of force, was it wise to present the weapon after a verbal threat?

Add me as a second vote for a ProArms Discussion on this case