Man Accused in 2008 Shooting Claims Self-DefensePosted March 2, 2014 News
In the last few years, Florida’s “Stand Your Ground” law has been tested in several criminal courts, most notably in the case of George Zimmerman that wrapped up last year. Now, criminal defense lawyers in Sanford report that a Miami man is using the state law to defend his actions in a 2008 shooting that left two men dead.
In February 2008, a group of men got into an argument about women outside of a local Chili’s restaurant near the Palmetto Expressway. The discussion got violent, several of the men threw punches, and, feeling threatened, Gabriel Mobley, 36, fired several shots. Both Rolando Carrazana and Jason Gonzalez were killed as a result. The entire fight was recorded on the restaurant’s video surveillance cameras. In his testimony, Mobley said that, when he saw another man “coming up from the back, and then he reached up under his shirt,” he was worried that the man had a gun or knife, and would attack him. He claims to have fired his gun to protect himself from the violent assailants. Mobley is seeking to have the case against him, filed by family members of the two men who were shot, dismissed under the state’s Stand Your Ground law.
In Florida, Statutes Chapter 776 allows the use of force in defense of oneself, in situations where the person “reasonably believes that such conduct is necessary to defend himself or herself against the other’s imminent use of unlawful force.” This use of force should not deadly, but the law does allow for deadly force under certain circumstances. Deadly force is justified if the person using it truly thinks that such force is necessary to stop an attack, or to protect themselves from imminent death or serious injury.
According to the state’s law, the use of deadly force is protected under 776.012, provided the actions are truly made for protection. The law is commonly known as Florida’s “Stand Your Ground” law, whereby people are not discouraged from protecting themselves, their families, and their possessions, should the need arise. Any person who is justified in using force, even deadly force, is “immune to criminal prosecution and civil action for the use of such force…. As used in this [statute], the term ‘criminal prosecution’ includes arresting, detaining in custody, and charging or prosecuting the defendant.”
In this case, criminal defense lawyers in Sanford say, a judge will have to decide whether Mobley’s case falls under the purview of the Stand Your Ground law, or whether he will be charged with murder and go to trial. If the man can prove self-defense, he may be able to recoup any attorney costs, court fees, and other expenses incurred as a result of the investigation and the suit against him from the families.
At the Law Office of Ryan N. Yadav, LLC, a Florida firm, our criminal defense attorneys serve persons in Sanford, Seminole County, and several neighboring counties, representing those who have been charged with gun crimes and acts of self-defense. If you have been charged with criminal activity and need a lawyer, contact Ryan N. Yadav for a free, no-strings consultation today.comments powered by Disqus