Florida Man Who Shot And Killed A House Guest Will Get His Guns Back Thanks To Stand Your Ground (Click on this link to read more)
By Nicole Flatow on February 24, 2014 at 1:33 pm.
A Florida man who was granted Stand Your Ground immunity after he claimed he fatally shot his friend in self-defense will get his guns back. Judge John Galluzzo ruled that shooter John Wayne Rogers was entitled to the return of his guns under the law, even though Galluzzo thinks it's a bad idea.
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"I have to return property that was taken under the circumstance," he said, according to a WESH Orlando report. "I have researched and haven't found case law to say otherwise."
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Rogers shot 34-year-old James T. DeWitt after a night of drinking at Rogers' home. DeWitt stayed the night, and the incident occurred the following morning after they returned from an errand to buy more beer. Rogers, who is legally blind, said he felt threatened by DeWitt, so he went into his bedroom and retrieved his assault rifle. Rogers said DeWitt charged at him and he shot; DeWitt's girlfriend says they were "play fighting" when Rogers went into his bedroom to get the gun and then shot at DeWitt without provocation.
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A Florida court granted Rogers immunity from criminal charges under the state's Stand Your Ground law, which authorizes deadly force without any duty to retreat anywhere a person has a legal right to be. Under a narrower "Castle Doctrine" that exists in many states, individuals are also authorized to use deadly force without a duty to retreat in their own home. But even states that have expanded their "Castle Doctrines" typically limit these home protection laws to those who forcibly enter a home or vehicle, not invited guests. Rogers also escaped conviction several years earlier in a deal with prosecutors for firing 15 rounds at his cousin after a night of drinking, and spent time in jail after punching a woman in a domestic violence incident.
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