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State Appeals Court Denies ‘Stand Your Ground’ Murder Defense For Molino Mom
June 5, 2015
A state appeals court has rejected a Molino mom’s “stand your ground” defense in the murder of her husband.
The Florida First District Court of Appeals refused to dismiss the second degree murder case against 45-year old Rebecca A. Rogers for allegedly shooting her husband, 42-year old Jason Lee Rogers in August 2013. Her attorneys previously made a motion to dismiss the case in circuit, saying Rogers acted within the parameters of Florida’s self-defense “stand your ground” law. That motion was also denied.
The ruling from the appeals court Thursday won’t allow her to claim she acted under the “stand you ground” law, but it specifically does not prohibit Rogers from claiming self-defense at trial.
Rebecca Rogers allegedly shot her husband twice in the back and once in the head inside the couple’s home in the 3400 block of Highway 29 in Molino. She told a 911 dispatcher that her husband choked her and then she shot him.
Deputies arrived to find Rebecca Rogers standing outside the home. They found Jason Rogers lying unconscious in the back bedroom of the home on his stomach with what appeared to be a gunshot to his head. According to the report, he also suffered two other gunshot wounds to the back. He died at a local hospital about two days later.
The couple had four daughters, one of which testified last year at a preliminary hearing that her father had several guns in the home. “As far as I know, he was going to get them and he was…my mom believed he was going to kill her. So, she was protecting herself,” she said.
Rogers remains free on a $300,000 bond. She is currently set to appear in court again in July.
Comments
19 Responses to “State Appeals Court Denies ‘Stand Your Ground’ Murder Defense For Molino Mom”
@Sharon: I read what you wrote. “God bless the whole situation.” Read Proverbs 12:1.
ANSWERING:
“In response to David Huie Green: who is to say that the first shot was in the back?”
Certainly not I.
Nor do I venture a guess as to which was the first shot, or the second or the third or how many more were fired but missed — if any..
As put forward, though, Stand Your Ground should not apply.
As the Florida First District Court of Appeals said, self defense might apply, just not SYG.
There is a fair chance a jury will give her the benefit of the doubt and release her.
Lots of people remember abusive relationships they had and decide this one had to be exactly like theirs, sight unseen, evidence ungiven. Sometimes people who were there at the time certain things happened remember them differently from how the parties involved remember them. not the things which happen behind closed doors, things in front of witnesses. Physical evidence also frequently indicates the truth is other than what we IMAGINED happened or even what the witnesses thought they saw.
That’s why we have juries.
David for justice
Just sayin..if you read it correctly, it says God bless his family and hers…meaning her family.
In response to David Hule Green: who is to say that the first shot was in the back? She probably shot the head first and then out of adrenaline rushing fear put 2 more in his back. I was in an abusive relationship. I wish I would have had the guts to end it the way that this Molino mom did.
@ Sharon: Personally I highly doubt God will bless her shooting a man in the back. Twice. And then once in the head. Just saying.
Unless you have been in an abusive relationship with someone you are truly scared to death of, you don’t know what you would do in her situation. I was in a relationship with a drunk who kept me locked in the house for almost two weeks. Every time I tried to sneak out, he beat me more. I was so beat down that I was scared to death of him. I had broke ribs, cigarette burns, black eyes, and bruises. I didn’t have a gun but I was so broken that I considered bashing his head in with a hammer. The only way I got out of there is because a neighbor broke in the door when he heard me screaming and knew he hadn’t seen me in a few days. He called the police, thank god. If I’d had a gun, I would have shot him and kept on shooting no matter where I hit him. It’s easy to pass judgement on her and I’m sure people will have negative things to say about me…you just don’t know what you would do until you have lived it. Her children’s words should carry a lot of weight because they lived it too. Personally, I hope they can give her house arrest or something because I don’t believe she is a threat to society. She has to live with the fact that she killed her children’s father and that can’t be easy. I’m sure she loved the man as well. God bless the whole situation…his family and hers.
Sometimes when our “best trained police” shoot people in the back, it is because they are murdering them. That is why they usually don’t.
Our best trained police officers shoot people in the back all the time. Its not uncommon for trained officers to be in shootouts only ten feet away, completely empty a 15 round magazine and never hit their target. Fear…Adrenaline…a closed in space.. closing her eyes…the husband turning…hitting a moving human being is hard to do with a handgun. Unless she was very well trained. How many bullets missed?
REGARDING:
“Just when you have been given a tool to protect yourself and your kids you get arrested if you use it.”
Stand Your Ground isn’t usually considered a tool for allowing you to shoot people repeatedly from behind.
That would be Bushwacking Backing, a law not yet enacted for some reason.
David for better grounds
I would think shooting him once would give her time to get out of the house and/or call for help. Shooting him 3 times just shows anger. She wanted him dead that’s for sure. If she gets away with it. Doesn’t that pen the door for any woman who is angry at her man. Just get a gun a shoot him in the back or head and say ” oh I was scared he was gone shoot me 1st”
She shot him in the back people… Even in the old west that was unacceptable! If he was going for a gun, she had enough time to get out of the house. She had plenty of time to get her own gun. Then he was shot in the head execution style. That is not merely defending yourself, that is anger and wanting someone dead dead.
Throw the book at her.
This is why women or abused people do not report the abuse. Just when you have been given a tool to protect yourself and your kids you get arrested if you use it.
@ ch: If the alleged threat was walking AWAY, then you had time to take evasive action. If the threat was heading towards you you would be unable to shoot the threat in the back, unless you had magical bullets.
I had met both of these people at separate times. I did not know them well though. Both seemed like very nice people. I was shocked when I heard about this.
Maybe she shot him in the back when he said he was going to go get his gun and fix her but good…so she shot him when he turned around, before he could get a weapon. Was she supposed to wait until he came back with something so the fight would be ‘fair’?
Don’t really know the history of this case. Seems more of a self-defense thing rather than a stand your ground thing. But really, what’s the difference?
Somehow shooting a man in the back, twice, does not lend itself to a defensive action.
What’s a matter with her, only men who are bullies, drunks and idiots need this law. Women especially wives have no need to protect themselves. Your chattel, that is the Fla. way of thinking.
It will be interesting to see how this plays out. On the one hand, if she is set free, it sends the message: “Ladies, ifn ya don’t like how your man treats ya, just go all Guns ‘N Blammo on him”.
On the other hand, if she goes down for this, it makes it seem a woman can’t defend herself against an abuser. Kinda puts the state in a quandary. A very difficult one here. 2 in the back & 1 in the head, that is not just stopping an attack, that is going for the kill, just IMO. Of course, it is hard to make a call like that with no witness saying what actually went down. He was unarmed, & shot, when the Police arrived, and this will override any self defense pleas.
I would hope that most women are smart enough to leave, rather than suffer for years & years like some of the, uh, less bright ones. I guess some go for that “martyred saintdom” thing, for the children, or the comfort & security that being taken care of by a working husband provides.
I have one relative that puts up with the “beating & cheating”, & I lost all respect for her when I heard she stays with that jackass.