STAND YOUR GROUND

NOT HERE IN FLORIDA

The information contained here is for the purpose of information and education. We do not mean any personal attack to anyone, this is an opinion of some documented facts and events. Any assistance will be greatly appreciated.

A good Samaritan, also a musician, helping a friend get information on her ex husband who has previously physically and mentally abused her, documented. Also documented she is not the first that her ex has beaten.

The fact that this ex husband is working, but not paying child support and not paying past due federal or state taxes, also documented. A man that says he has to take a break to “shoot up”. This man who has many addresses  and showing up in none. This man who only loves are his brass knuckles and his Porche - that was being repossessed. This man who brags about beating up people and in his mind thinks he is justified but then why does he run. He even hurt his wrist back in 2004 beating a guy up that he chased down on one of his road rage events. Poor thing, he hurt his wrist, thank goodness for his brass knuckles, he did not hurt his hand. Another incident occurred at Stormin's Palace.

This is your chance, if you are in the Tamp/St. Petersburg area; If you think you have been a victim of this bully please contact us. We have pictures to see if you can identify him.

As a story teller, this man is an expert. You read all the court files and wonder how he gets away with such lies, the way he has so many versions for one situation. The way he conjures up a tail and when caught in his fabrication switches to another. Why he has not been put in jail for perjury is beyond us. But then that is our/your court system.

One day the ex wife is telling the musician and his wife about how this man is telling the courts he is not working and does not live at a place the ex wife said he lived. The judge had told her it is up to her to prove her allications.

The musician decides to help his friend by picking up public property, the trash, to find evidence this man is living at this place. The musician puts himself in an area where he believes he won't be seen by this aggressive, violent man - never wanting personal contact with him. He has know this man over 7 years, knows about all the incidences, the brass knuckles and road rage. This man sees the musician and drives up to him and asked what is he doing there. The musician made up a story and this violent man went after him, verbally threatening to kill him, the musician drives off.  But the musician did not know this man had gone to his house and was looking for him, building up his angry temper and was going to get this musician. Now, this man knew who was finding out and giving information to his ex wife.

Low a behold this man is right on the musician’s tail, yelling how he is a dead man. This was a good 13 minute chase. The musician thought there was a restraining order at this man old house and decided to turn there, hoping it would stop the chase. He did not want to run home and get this mad man mixed up with his wife.

This man was having fun now chasing his next victim. He cornered the musician at the cul-de-sac and weaved his porche back and forth to not let him pass. The musician was blocked on the driver’s side, he goes over the grass to escape and as he was passing the violent man, the man opens his car door and very quickly reaches through the musician's car window to attack him, causing the musician to stop. The musician bends over opens his fanny pack to get his gun and shoots.

No he did not shoot the guy he shot the Porche that was being repossessed. The forensic scientist in court did prove this scenario in court.

Evidential Immunity from prosecution Hearing - Judge did not want to hear this case. She tried to recues herself but none of the lawyers would hear it.  She even said that the violent ex husband's name sounded familiar to her. Judge kept saying throughout about her experience in family law and asking the very young prosecutor how should they proceed. The judge even seem to take a short nap at one point. The musician attorney just kept agreeing no opinion.

This violent man, whom shall be called the attacker now, said his story very differently from his original deposition, keeps changing every time. The musician’s attorney did not even contradict the attacker and point out that in his deposition he said this and that. Or question the fact, now the attacker is changing his story; saying he flew down on his right side in the passenger's seat when he saw the gun and saying he passed out; then another story was that he went straight back in his seat. Then why was the shatter glass that he brushed off scraping himself, on his right side and there was NO glass in his Porche if his door was closed?

The glass was outside the Porche on the ground. Many, many inconsistency that this attorney did not pick up on and finish the case right then and there. $600 dollars in pictures that he charged for and did not present. When the attacker dramatically says he was protecting his son.  The attacker dramatically uses the excuse that he followed the musician down that street because he was concerned for his son.The child was not in the incident and if the attorney would have shown an aerial map the child was not in that area.  The attacker had PASSED where his son was. Why this attorney did not bring up the point about the musician and his wife relation to the child, this child calls them uncle and aunt. They both see this child more than this so call father.

The judge said this attorney has not proven his case and she does not want to make this decision for immunity from prosecution. She denies the immunity and orders the case to go to trial. She was napping on and off anyway. No control of her court, when napping the two witness (the violent man and a witness on the scene) were listening and laughing at the back door, the bailiff finally had to go to the back and tell them to behave. They were also caught discussing the case/incident and told to stop.

Next - Good lesson for you legal students on how to make more money.

The attorney comes up with another idea - appeal the courts decision on the immunity from prosecution hearing....Gees, for another $7,500 you would think this appeal would show some substance to it. Just a 12 page, double-space summary of the evidential hearing, judges opinion and a copy of the hearing. Oh and one picture 8 x 10 on copy paper. Maybe worth $100 or less certainly not $7,500.

The Trial - Took four days, why - in this area they do not want the Stand Your Ground Law to prevail. But all these legal people must cover themselves, So on the law books an innocent man can be found guilty. The jury was sent out many times to make the following changes - All the witnesses on the defense side (the musician's), that showed the violent ex husband had also threatened them, were not allowed; the ex wife of the attacker was not to speak of the attacker’s drug use, his physical and mental abuse, his past attacks on people, or his brass knuckles. She was only asked four questions and dismissed. Her remark, "the question did not make sense". Of course the defense attorney recorded his objections for the books. But this maneuver in my opinion were used To make these three attorneys and the judge look like they were following the rule of the law and of course the musician attorney did put in his objection.

More lack of control in the courtroom - the real attacker's mother is texting from the court room. Understand, when you are a witness you are not allowed under the Williams Rule to discuss anything about the case or court proceedings. Someone notice and reports it to the bailiff, again the jury is sent out of the court room.  The mother is questioned under oath and says she does not know how to even text in a cell phone. The phone is given to the defense attorney and the prosecution, who read off to everyone what she had text. The judge of course finds it irrelevant. So why did the court do nothing about this lie. Guess her son learn from the mother how to lie in court. But of course the jury did not hear any of this.

With no defense of course the musician was found guilty and right now sits in a cell with 38 other inmates, sleeping on the floor.

You may ask why did he have a gun, why did he not fight it out? One reason he has money invested in music equipment when he does a show, Two, we all have a right to carry a gun, FL790.251.  Why did he use his gun this time - he is 175 pounds his attacker is over 250 pound muscle head on steroids and previous similar attacks that he brags about.

The musician has had many awards for his safety training, has taught NRA safety training and worked as assistant manager at the Tampa Police Pistol Range, upstanding citizen, very will liked. He has not ever used his gun to protect himself from an attacker. Never had to.

One more lesson if you let me phrase it that way. His attacker took the musician to civil court to get a restraining order against him after the initial incident. The musician’s attorney told him civil court he is not involved with, only criminal, but “do not say anything about the case, as a matter of fact do not say anything just that I represent you“. So why was he not there to represent him?

The musician trusting as he is, follow his attorney’s advice and got a 10 year restraining order against him.

The attacker has this restraining order and uses it as he pleases. Ten days before the trial, he calls the police and says the musician was sitting across from one of his job sites. Now remember, this man is telling the courts he can not pay child support or his past due taxes because he does not have a job.

He had no proof the musician was across from his job, no witnesses, but the prosecution calls an emergency bond hearing and gets the musician's bond raised and adds back on a charge of aggravated assault after two years. The musician is taken back to jail and needs to pay the bond difference, all along thinking - What Job? What Place?

After $60,000 for an attorney -  now another $3000 to bail him out again - add that to the original bail out of $4,000. Plus he gets another charge of assault against him. He ends up with 3 charges instead of 2 and will be sentence in November 8, 2010. He really would have been better off with a public defender and not be in bankruptcy now and not be able to give you fine people his talent of music.

Victims of this attacker, bully contact us.