Viewpoint: Standing Up For “Stand Your Ground” Law
May 1, 2012
“A person is justified in the use of deadly force and does not have a duty to retreat if he or she reasonably believes that such force is necessary to prevent imminent death or great bodily harm to himself or herself or another or to prevent the imminent commission of a forcible felony.” Chapter 776.012, Florida Statutes
Submitted by Rep. Matt Gaetz and Sen. Don Gaetz
The shooting death of Trayvon Martin was a tragedy. Thankfully, our Constitution leaves it to a jury of twelve citizens, not a gaggle of cable news demagogues, to decide whether a crime was committed and, if so, who committed it. After all, our system of justice exists to resolve the tough cases – not just the easy ones.
While motions are filed and trial dates are negotiated in the prosecution of George Zimmerman, the media’s obsession has shifted to Florida’s “Stand Your Ground” law. Riding the extreme rhetoric of Al Sharpton and encouraged by the “concerns” of Attorney General Eric Holder, anti-gun groups have already declared that law guilty of murder and sentenced it for repeal by the state legislature.
As two legislators who will vote on the issue, we want Northwest Floridians to know where we stand as we approach what is sure to be a well-orchestrated, well-financed attack on the Second Amendment.
Assuredly, there are very few laws on the books so pure they can’t be improved. In fact, much of our effort in Tallahassee has been to repeal bad, unnecessary, burdensome laws. But it wasn’t the fault of Chapter 776.012, Florida Statutes, that Trayvon Martin is dead. If Zimmerman claims a “Stand Your Ground” defense, that still doesn’t make the law wrong. Claims are made in court every day. The court, not the media talking heads, decides if those claims are valid.
Without question, the Legislature should stand its ground and defend good law in the face of self-serving, over-hyped rhetoric from the far left.
In 2005 when “Stand Your Ground” was enacted, Florida was one of only a few states that required a victim to run rather than stand his or her ground when attacked by a criminal while using deadly force. Before “Stand Your Ground,” Florida law favored the attacker.
Consider an elderly woman in a dimly lit parking lot or a college girl walking to her dorm at night. If either was attacked, her duty was to turn her back and try to flee, probably be overcome and raped or killed. Prior to “Stand Your Ground,” that victim didn’t have the choice to defend herself, to meet force with force.
Calls to repeal “Stand Your Ground” are anti-woman. Imposing a duty-to-flee places the safety of the rapist above a woman’s own life. In fact, until “Stand Your Ground” was passed, criminals were suing victims because victims, in protecting themselves, were allegedly using excessive force against the criminals.
“Stand Your Ground” simply says, if you have a right to be somewhere and if you’re not breaking the law, you may defend yourself to prevent imminent death or bodily harm. You don’t have an obligation to do so. You have the right.
Those who use every tragedy as an excuse to water down our right to keep and bear arms are already exploiting Trayvon Martin’s death for their own purposes. In the legislative debate that is sure to come, we will remind them that “Stand Your Ground” is not a right-wing over-reaction. It was passed by a bi-partisan majority of the Florida Legislature. We will remind them that Florida Democratic Party Chairman Rod Smith, while a state senator, was one of the sponsors.
Most important, we will remind the critics and the cynics why this law is necessary, who it protects, and, if it were repealed, whose side the Legislature would be taking in that dimly-lit parking lot or that darkened college dormitory.
Judge Allows Congressional Maps To Stand
May 1, 2012
A Leon County judge declined to set aside the state’s new congressional maps Monday, saying opponents of the plans had not proven that the Legislature violated new anti-gerrymandering standards in the once-a-decade redistricting process.
It was the latest in a string of significant victories for GOP leaders in the politically-charged battle over the future of the state. The Florida Supreme Court on Friday upheld the Legislature’s second attempt at drawing a map for the state Senate, after justices had tossed an earlier draft, and the U.S. Justice Department told the state Monday that all of its maps had gained preclearance under the Voting Rights Act.
The ruling by Circuit Court Judge Terry Lewis did not fully settle the issues in the case. His ruling only dealt with a request by lawyers for a coalition of voting rights groups and a group of voters backed by the Florida Democratic Party to throw out the maps based on undisputed facts. But Lewis said many of the facts are still in dispute.
And he rejected a request by critics of the maps to issue an injunction that would prevent the state from using the new lines until he could rule on the merits of the case.
“Without a finding that the map as draw is unconstitutional, I do not have the authority to replace it with another map while the case is pending,” Lewis wrote.
He also noted that simply going back to the 2002 redistricting map, which both critics and supporters of the state’s new plan say was politically gerrymandered, would present problems of its own.
The case is the first ruling on congressional map under the Fair Districts constitutional amendments approved by the voters in November 2010. It is separate from the Supreme Court’s consideration of the legislative maps, though the justices could be asked to review Lewis’ ruling and any final decision on the redistricting plan if a trial goes forward.
In one of the most-watched districts of the congressional case — the sprawling Northeast Florida district represented by Democratic Congresswoman Corrine Brown — Lewis did concede that the lines do not gel with many of the standards set out in the Fair Districts standards.
‘It is visually not compact, bizarrely shaped, and does not follow traditional political boundaries as it winds from Jacksonville to Orlando,” Lewis wrote.
But he said opponents had not yet made the case that the district could have been redrawn to better respect those standards while still providing black voters in the area the opportunity to elect a candidate of their choice.
In all, Lewis brushed aside challenges that could have affected more than 20 districts across the state, often saying that he was convinced that the facts about whether those lines violated the law were still in dispute.
In a statement issued late Monday, Democratic Party Executive Director Scott Arceneaux said Democrats were considering their next steps.
“We remain concerned about elements of the map and we will continue to evaluate our legal options moving forward,” Arceneaux said.
By The News Service of Florida
FDLE: Overall Crime Up In Escambia, Santa Rosa
May 1, 2012
The Florida Department of Law Enforcement released their 2011 Annual Uniform Crime Report Monday, showing an increase in crime in both Escambia and Santa Rosa counties.
In Escambia County, the overall crime index was up 3.7 percent. Murders, forcible rapes, robberies, and aggravated assaults were all down. Burglaries, larceny and motor vehicle theft were up. The overall crime rate jumped 7.9 percent while the percent of crimes cleared dropped by 2.5 percent.
The Escambia County Sheriff’s Office, which provides law enforcement in North Escambia, had a crime index increase of 1 percent, while the Pensacola Police Department reported an 13.2 percent increase in the crime rate. The overall crime rate increased 4.9 percent for the area served by the Escambia County Sheriff’s Office, while the crime rate jumped 18.5 percent in the Pensacola Police Department’s jurisdiction. The Escambia Sheriff’s Office cleared 20.6 percent of crimes, while the Pensacola PD cleared 38.3 percent of crimes.
In Santa Rosa County, the total crime index was up 16.5 percent. Murders, forcible rapes, robberies and aggravated assaults decreased. Burglaries, larceny and motor vehicle theft were up. The overall rate increased 9.9 percent, while the percent of crimes cleared fell by 1.9 percent.
Pictured top: Escambia County Sheriff’s deputies look for a suspect following the December 2011 robbery of a store manager in Century. NorthEscambia.com file photo, click to enlarge.
Smith Calls For Stand Your Ground Reform On Eve Of Scott Task Force
May 1, 2012
As a task force formed by Gov. Rick Scott to review the “stand your ground” law prepares for its first meeting on Tuesday, a rival panel convened by Democratic state Sen. Chris Smith found that the law needs significant revision.
“We took an adult look at ’stand your ground,’ and we had adult discussions – not political,” Smith said Monday. “And I think we’re giving good direction to the Legislature on what should be done.”
Some panelists called for an outright appeal of “stand your ground,” but Smith said there wasn’t enough support to make that recommendation.
The recommendations call for lawmakers to require a grand jury review of “stand your ground” cases and to let law enforcement officers detain those who claim the law as a defense while an investigation is conducted.
“That’s what we mean by ambiguity – and a little bit of the absurdity of this law,” Smith said. “If you’re standing there and someone’s dead, to have police have to wonder, ‘Can I detain this person?’ is a concern.”
Smith said he started his own task force on April 5 after tiring of waiting for Scott to act on the Feb. 26 shooting of unarmed black teen Trayvon Martin and the delay in arresting acknowledged shooter George Zimmerman, a neighborhood watch volunteer.
Since then, special prosecutor Angela Corey has charged Zimmerman with second-degree murder, and Scott has named a panel chaired by Lt. Gov. Jennifer Carroll, who voted for the 2005 “stand your ground” law while serving in the Legislature.
Meanwhile Smith, a Fort Lauderdale Democrat, convened an 18-member panel of lawyers, judges and law professors, and on Monday released their report.
He’s also pushing for a special session of the Legislature to review and amend the law.
“I think it’s still a public safety concern,” he said.
Smith said he will give the recommendations to Scott, Carroll, the members of the governor’s task force and Senate President Mike Haridopolos, R-Merritt Island.
Critics of the Scott panel say it’s top-heavy with supporters of the National Rifle Association, which spearheaded the effort to make Florida the first state in the nation to adopt the “stand your ground” legislation.
Last week state Rep. Dwight Bullard, D-Miami, asked Scott to change the composition of his task force by removing at least one of the legislators who backed the law. That could be House sponsor Dennis Baxley, R-Ocala, or Sen. David Simmons, R-Maitland, who co-sponsored the law.
Smith, Bullard, Sen. Arthenia Joyner, D-Tampa and other black lawmakers say they have tried to become members of the Scott panel, to no avail.
“We have tapped a diverse and qualified group to carefully review our laws and our policies,” Scott said on April 19, announcing his selections. None of his appointees are lawmakers who favor gun control.
Smith said he’d requested the opportunity to give the recommendations directly to the panel Tuesday, but was told no public comment would be part of the inaugural meeting.
His panel’s recommendations are broken down into unanimous, consensus and minority findings.
These findings of the Smith task force were unanimous:
-Cases should be presented to a grand jury to allow for a cross section of society to determine what a reasonable person would do in that case.-Educate the public and law enforcement.-Create a system to track self-defense claims in Florida.-Add language requiring an “imminent” danger provision throughout the statute.-Change the “Defense of Others” wording in the law’s title to “Defense of Property.”-Allow law enforcement to detain someone who uses the Stand Your Ground defense while they investigate.
Consensus findings included eliminating the presumption of reasonable fear and clarifying the role of provocation in the law’s application.
By The News Service of Florida
Elderly Man Struck By Utility Trailer In Bratt
May 1, 2012
An elderly man was injured when he was struck by a utility trailer Monday afternoon near Bratt.
The 76-year old man’s wife reportedly backed the trailer into him while the couple was working to remove limbs from an area deep into a wooded area. First responders said the accident occurred in the woods about a half mile behind their residence on Ribgy Road near Still Road.
The man’s injuries were not considered life threatening; he was transported by ambulance to Atmore Community Hospital.
The accident is under investigation by the Florida Highway Patrol.
The Walnut Hill Station of Escambia Fire Rescue and Atmore Ambulance also responded to the call.
Pictured top: An ambulance leaves a wooded area were an elderly man was struck by a utility trailer Monday afternoon near Bratt. Pictured below: the utility trailer the reportedly struck the man. NorthEscambia.com photos, click to enlarge.
Escambia Man Wanted For Hit-and-run Fatality
May 1, 2012
The Florida Highway Patrol is actively looking for an Escambia County man wanted in an April 20 traffic death.
According to the FHP, 28-year old Ryan A. Welch was traveling south on W Street approaching La Rua Street when he struck bicyclist Robert L. Bell, Jr, 32. Welch then fled the scene. Bell died at Sacred Heart Hospital on April 27 as a result of the crash.
Warrants have been issued for Welch charging him with leaving the scene of a crash with death and culpable negligence by vehicle. He is actively avoiding apprehension, according to the FHP.
Anyone with information about the whereabouts of Ryan A. Welch is asked to call their local law enforcement agency Crime Stoppers at (850) 433-STOP.
George Martin Ferreira
May 1, 2012
Our beloved father, George Martin Ferreira, age 89, passed away Wednesday, April 25 after an extended illness in the home of his daughter, MaryAnn Prell. George resided in the Pensacola area since retiring from the US Navy in 1972, after 30 years of service. A veteran of both the Pacific and Atlantic Theatres in WWII and the Korean War, George also attended Pensacola Junior College and the University of West Florida, after his military retirement. He graduated with honors from UWF in 1977 with a degree in Sociology.
George had one great love in his life, his wife Caroline who shared his life for 59 years before passing away in 2004. He was a familiar face in Pensacola area coffee shops where he found and made numerous friends with other veterans and retirees. The real joy in his life has been his six children and many grandchildren, whose company he enjoyed most of all. Always the shoulder to lean on and the hand to reach for, George held each of his children and grandchildren close to his heart
.
George is survived by his six children, sons; George Jr., Bill (Teresa), and John, and daughters; Donna (Mark) Meece, MaryAnn (Bobby) Prell and Elizabeth (George) Wynne and many, many grand and great grand children.
Visitation will be held from 5 until 7 pm Monday, April 30, 2012, at Faith Chapel South. Funeral services will be at noon Tuesday, May 1, 2012, at St. Monica’s Episcopal Church (Hwy 29 in Cantonment) with Father Millege Baker officiating. Interment with military honors will follow at Barrancas National Cemetery.
The family would like to extend a special thanks to Emerald Coast Hospice for their support and dedication in caring for our father. We would also like to extend our sincere gratitude to Drs. InClan and Dmytrenko, and their staffs, for their commitment and the special care they gave our dad.
Family Appeals To Community To Donate Platelets For Robert Stewart
May 1, 2012
The family of a Bratt man is appealing to the North Escambia community to donate the blood platelets he needs at a critical stage in his battle against cancer.
Robert Stewart, the former chief of the Walnut Hill Volunteer Fire Department, is in the ICU at Baptist Hospital in Pensacola. According to his daughter, Kelly Stewart Kennedy, Robert is in need of A-positive platelets.
Potential platelet donors are asked to call Northwest Florida Blood Services at (850) 473-3853 to schedule an appointment time. According to Betty Roberts, spokesperson for Northwest Florida Blood Services, an appointment is necessary to make a platelet donation because the process takes about an hour and 45 minutes.
Donors should mention that their donations are for Robert Stewart. If the platelets are unneeded by Robert or are of the wrong blood type, they will still be used to help in the community, Roberts said. Platelets, with a shelf life of just five days, are often used for cancer patients and premature babies.
Donors must be 18 or older (16 or 17 with parental permission), at least 110 pounds and generally in good health.
Pictured top: Robert Stewart teaches fire safety to students at Bratt Elementary School in October, 2011. Pictured inset: Robert Stewart speaks at a 2009 Walnut Hill Volunteer Fire Department event. NorthEscambia.com file photos, click to enlarge.
Patti Singleton McCool
May 1, 2012
Patti Singleton McCool, 60, of Cantonment passed away April 28, 2012. Mrs. McCool was a native of Montgomery and resided most of her life in Pensacola. She was employed by Sacred Heart Hospital and enjoyed the beach and her five grand children.
Mrs. McCool was predeceased by her husband, Kenneth Ray McCool (12/24/2011).
Survivors include her mother-in-law, Christine Worley; stepfather, Ellwyn Worley; children, Christian Zelius, Eric McCool and Evan McCool (Sarah) ; grandchildren, Logan Zelius, Kamron McCool, Bryden McCool, Kylie McCool and Maecy Zelius; brother-in-laws, Dennis McCool (Aida) and Larry McCool (Jean); brothers, Michael Singleton, Jesse Singleton (Sandy); aunts, uncles, many nieces, nephews and cousins.
A memorial service will be held 11:30 a.m. Wednesday, May 2, 2012, at Pensacola Memorial Gardens Funeral Home, 7433 Pine Forest Rd. Pensacola, FL 32526.