Florida’s ‘Stand Your Ground’ Law Claims Another Victim
Florida’s “Stand Your Ground” law has claimed another victim–Pedro Roteta, 26. Yesterday, a judge threw out a case involving Greyston Garcia, 25, who chased Roteta for over a block, before stabbing him to death.
Admittedly, Pedro was trying to steal the radio from Garcia’s truck when a roommate alerted Garcia. He then grabbed a knife and chased Roteta for over a block, before killing him.
In throwing out the murder charge against Greyston Garcia, the judge cited the “Stand Your Ground” law in her decision, declaring the man immune from prosecution in the case.
Roteta was unarmed at the time of the killing, much like Trayvon Martin was when he was killed by George Zimmerman last month. Garcia admitted that he “never saw a weapon,” but still thought that Roteta was about to stab him.
The police sargeant who supervised the case disagreed strongly with the judge’s decision, calling it a, “travesty of justice.” Prosecutor Jennie Conklin wrote in a motion that once the victim ran away from Garcia’s truck, he “no longer needed to use deadly force to protect his home or unoccupied vehicle.”
The “Stand Your Ground” law has been in effect in Florida since 2005. This case only serves to show the burden that police and prosecutors have experienced since the law was first signed. The law eliminated a citizen’s requirement to retreat in the face of danger, and has put judges in a tough position, as they are forced to decide if the accused is immune to prosecution, even when deadly force is used.
Miami-Dade Chief Assisttant State Attorney Kathleen Hoague said of the law that, “Self-defense should be decided by a jury…to us, that’s the flaw in the law.” Unfortunately, the Florida State Supreme Court does not agree. They agreed in a ruling that the question of whether immunity applies in each case must be decided by a judge, instead of a jury.
Do you think that Florida’s “Stand Your Ground” law is good, or does it only serve to protect killers like Greyston Garcia from prosecution?
Watch the video below, to see Rep. Dennis Baxley speak about the law he co-wrote:
Tags : controversial law, florida law, florida stand your ground, greyston garcia, pedro roteta, stabbing, Stand Your Ground, Trayvon Martin
Posted: March 22, 2012
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Mar 22, 2012
It will only stay in effect as long as low income minorities are the ones being killed. The only time it should be acceptable to use deadly force is when you or someone else is being physically attacked by an armed aggressor. Your car radio is not worth someone's life.
Mar 24, 2012
The "stand your ground" law might as well be call the "Measure your Dick" law. Obviously some small penis paleo-republican wrote this law and wants us to go back to the days of the old west where they would use guns instead of brains to settle differences.
Mar 24, 2012
only helps the killer.
Mar 25, 2012
This is NOT what the law was designed for. I know that I should never attribute to malice that which I can attribute to incompetence, but this is really disturbing.
Mar 25, 2012
In all these cases it appears the majority of the deceased had no weapons and most were pursued, chased down and killed in cold blood. Few involve truly any which a reasonable person would feel their life was on the line…most were regarding individuals being slighted or unsubsantiated claims. Bad law, too many cases of being used in unjustified manner. Most who did the shooting admitted to have not seen a weapon on all these victims of this useless law, so in these particular cases why confront or pursue let alone use this as a defense?
Apr 2, 2012
sorry stand your ground law does not apply here and does not apply in the martin case. they are not life and death situations this is premeditated murder.
Apr 2, 2012
,it makes me sick when people try to use laws to cover their asses when they do wrong
Apr 2, 2012
its not the law its the people using it. the killers should be tried and convicted of murder. the law does not allow you to chase down and kill people. the judge should not let them hide behind a law and say it is fair when they murder people.
Apr 2, 2012
Terrica Mccloud …good point Terrica, but if the law is loosely written and not concise enough and is frequently used in defense and successfully aquits whom would otherwise not be off the hook then perhaps wording needs tightened and a second look?
Apr 11, 2012
When someone lays their hands on you unprovoked, then you can kill them. Otherwise it's murder in my opinion. Premeditated defense doesn't exist. If someone steals from you and you know who it is, get your stuff back and leave it be. Chances are they're not going to mess with you again, especially if you give them a break.
Why would you kill someone over a radio? Seriously?
I've had my house robbed and my window broken. I wanted my window fixed and my things back. That's it. The only reason I would have hurt or attacked the thief was if I had been there when he was, and he had attacked me. Otherwise, leave it be. Killing someone who is not threatening to your physical being can ONLY make it worse.
Jul 12, 2012
the law is not loosely written and is not made for that purpose it is used in defense because it is a self-defense law. but it is nothing wrong with the law itself. this man is simply a murderer and liar. that is all. it is not the law. it is the person. i can say i was standing my ground if i murdered someone too but that does not mean anything is wrong with the law, it means i am a liar like zimmerman in this case. murder is murder.
Jul 12, 2012
the law is not loosely written and is not made for that purpose it is used in defense because it is a self-defense law. but it is nothing wrong with the law itself. this man is simply a murderer and liar. that is all. it is not the law. it is the person. i can say i was standing my ground if i murdered someone too but that does not mean anything is wrong with the law, it means i am a liar like zimmerman in this case. murder is murder.
Jul 12, 2012
that is what the law says and any other attempt to hide behind the law is simply a person trying to cover up a murder.
Jul 12, 2012
that is what the law says and any other attempt to hide behind the law is simply a person trying to cover up a murder.