Surprise!
Maurice Moorer is not the kind of person lawmakers had in mind when they gave Florida the broadest self-defense law in the nation in 2005.
State legislators sold "stand your ground" as a legal protection for law-abiding Floridians who were forced, through no fault of their own, to defend their family and property.
But the day Moorer killed his ex-wife's boyfriend in 2008 capped two years of violent behavior that had landed Moorer in jail multiple times and left his wife living in fear.
Still, prosecutors set Moorer free, saying Florida's "stand your ground" law prevented them from pursuing murder charges.
A Tampa Bay Times analysis of "stand your ground" cases found that it has been people like Moorer — those with records of crime and violence — who have benefited most from the controversial legislation. A review of arrest records for those involved in more than 100 fatal "stand your ground" cases shows:
• Nearly 60 percent of those who claimed self-defense had been arrested at least once before the day they killed someone.
• More than 30 of those defendants, about one in three, had been accused of violent crimes, including assault, battery or robbery. Dozens had drug offenses on their records.
• Killers have invoked "stand your ground" even after repeated run-ins with the law. Forty percent had three arrests or more. Dozens had at least four arrests.
• More than a third of the defendants had previously been in trouble for threatening someone with a gun or illegally carrying a weapon.
• In dozens of cases, both the defendant and the victim had criminal records, sometimes related to long-running feuds or criminal enterprises. Of the victims that could be identified in state records, 64 percent had at least one arrest. Several had 20 or more arrests.
• Jackson Fleurimon had been arrested for battery, aggravated assault and drug possession. Witnesses said he was in a beef over drug turf when he shot and killed a man in Orange County in 2009. A judge granted him immunity.
• Tavarious China Smith was a drug dealer with multiple arrests who killed a man during an 2008 argument over drug territory in Manatee County. He claimed self-defense and went free. Less than three years later, he was back in front of prosecutors for a different homicide, this one the result of a shoot-out outside a nightclub. Smith once again went free by claiming "stand your ground."
• In Tallahassee, Dervaunta Vaughn had been accused of battery at least six times before police arrested him in a gangland shoot-out that left one person dead in March 2009. After Vaughn invoked "stand your ground," prosecutors struck a plea deal that dropped murder charges and sent Vaughn to prison for eight years for illegally carrying a gun.
• Alexander Lopez-Lima's run-ins with the law began two days after his 15th birthday. His half-dozen arrests include battery, selling and possessing marijuana and strong arm robbery, court records show. In 2011 a judge decided the then-18-year-old Lopez-Lima was standing his ground when he wound up in an armed battle and killed another teen who had come to his house to smoke marijuana.
• Norman Borden, a now-deceased West Palm Beach man, racked up arrests for criminal mischief, disorderly conduct and aggravated assault in the 1980s and '90s before he was acquitted of murder in the deaths of two men who threatened him with bats while he walked his dog.
http://www.tampabay.com/news/courts/criminal/article1241378.ece
Maurice Moorer is not the kind of person lawmakers had in mind when they gave Florida the broadest self-defense law in the nation in 2005.
State legislators sold "stand your ground" as a legal protection for law-abiding Floridians who were forced, through no fault of their own, to defend their family and property.
But the day Moorer killed his ex-wife's boyfriend in 2008 capped two years of violent behavior that had landed Moorer in jail multiple times and left his wife living in fear.
Still, prosecutors set Moorer free, saying Florida's "stand your ground" law prevented them from pursuing murder charges.
A Tampa Bay Times analysis of "stand your ground" cases found that it has been people like Moorer — those with records of crime and violence — who have benefited most from the controversial legislation. A review of arrest records for those involved in more than 100 fatal "stand your ground" cases shows:
• Nearly 60 percent of those who claimed self-defense had been arrested at least once before the day they killed someone.
• More than 30 of those defendants, about one in three, had been accused of violent crimes, including assault, battery or robbery. Dozens had drug offenses on their records.
• Killers have invoked "stand your ground" even after repeated run-ins with the law. Forty percent had three arrests or more. Dozens had at least four arrests.
• More than a third of the defendants had previously been in trouble for threatening someone with a gun or illegally carrying a weapon.
• In dozens of cases, both the defendant and the victim had criminal records, sometimes related to long-running feuds or criminal enterprises. Of the victims that could be identified in state records, 64 percent had at least one arrest. Several had 20 or more arrests.
• Jackson Fleurimon had been arrested for battery, aggravated assault and drug possession. Witnesses said he was in a beef over drug turf when he shot and killed a man in Orange County in 2009. A judge granted him immunity.
• Tavarious China Smith was a drug dealer with multiple arrests who killed a man during an 2008 argument over drug territory in Manatee County. He claimed self-defense and went free. Less than three years later, he was back in front of prosecutors for a different homicide, this one the result of a shoot-out outside a nightclub. Smith once again went free by claiming "stand your ground."
• In Tallahassee, Dervaunta Vaughn had been accused of battery at least six times before police arrested him in a gangland shoot-out that left one person dead in March 2009. After Vaughn invoked "stand your ground," prosecutors struck a plea deal that dropped murder charges and sent Vaughn to prison for eight years for illegally carrying a gun.
• Alexander Lopez-Lima's run-ins with the law began two days after his 15th birthday. His half-dozen arrests include battery, selling and possessing marijuana and strong arm robbery, court records show. In 2011 a judge decided the then-18-year-old Lopez-Lima was standing his ground when he wound up in an armed battle and killed another teen who had come to his house to smoke marijuana.
• Norman Borden, a now-deceased West Palm Beach man, racked up arrests for criminal mischief, disorderly conduct and aggravated assault in the 1980s and '90s before he was acquitted of murder in the deaths of two men who threatened him with bats while he walked his dog.
http://www.tampabay.com/news/courts/criminal/article1241378.ece