Tuesday, 25 April, 2017

Florida judge rejects 'stand your ground' argument in theater shooting

Judge denies Stand Your Ground motion of former Florida police captain accused of killing man in movie theater over texting Judge denies 'stand your ground' defense in movie theater slaying
Garry Little | 11 March, 2017, 00:29

A retired Florida police captain who is accused of shooting and killing another man during an argument over texting in a movie theater will face a trial after a judge rejected his "stand your ground" defense.

This matter came before the court during evidentiary hearing upon defendant's motion commencing on February 20, 2017, and heard through March 3, 2017. The video evidence contradicts this assertion, clearly showing that there was no hit from a fist, and the item argued by the defense to be a cell phone was simply a reflection from the defendant's shoes. In her order, Barthle said Reeves' "testimony was significantly at odds with the physical evidence and other witness testimony". Reeves and his wife, Vivian, were at the theater to see a matinee of "Lone Survivor". Reeves claims he shot Oulson in self-defense. The logical conclusion is that he was trying to justify his actions after the fact.

Barthle was also not persuaded by the defendant's claims that Oulson "was virtually on top of him" or that Reeves was afraid of Oulson.

After complaining to the theater manager about the man's cellphone use during the film screening, Reeves said something to Oulson that led to a physical altercation.

Reeves, now 74, faces a charge of second-degree murder for shooting Chad Oulson on January 13, 2014 in a Pasco County movie theater. What is known, however, is that during the film, Reeves, seated in the back row of the theater, asked Oulson to turn off his phone.

Defense attorneys have also argued that Oulson was aggressively leaping over a seat and was "virtually on top of" Reeves when the shot was sacked.

"On the contrary, he is quite a large and robust man", Barthle wrote of Reeves.

A former Tampa, Fla. police captain charged with second-degree murder will now stand trial.

Oulson's widow, Nicole - who was in the cinema with her husband at the time, said in 2014 that Chad was texting their daughter's babysitter at the time of the shooting. "Unfortunately, we expect the defense to appeal the ruling and know that this case will continue to drag on".

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