GOOD: Self Defense Immunity Granted Murder Charge Dismissed
Sarasota, FL (PRWEB) December 31, 2010
Sarasota criminal defense lawyer Anthony G. Ryan, of the Law Offices of Anthony G. Ryan, P.A. was an integral part of a defense team that successfully asserted Florida's relatively new Stand Your Ground, Self Defense Immunity law to have a second degree murder charge against his client dismissed. It is believed to be the first time self defense immunity has been successfully asserted to have a murder charge dismissed in Sarasota, Florida.
According to Judge Dakan's order, in the early morning of May 15, 2010 Alphonse Gallo found himself alone and in an argument with an acquaintance, Patrick Barbour, and three of his friends, in the middle of the street. Gallo and Barbour had already fought briefly earlier in the evening. But this time, Barbour brought some friends and threatened to rob Gallo. Gallo testified that Barbour, "pulled out a firearm," according to the Defendant's Version in Judge Dakan's order.
Gallo, who has a concealed weapons permit and had recently taken classes to become a security guard, also pulled out his gun, according to court documents. Gallo fired three shots at Barbour from close range, according to Judge Dakan's order.
Shots rang out as a gun battle erupted between Gallo and Barbour's friends, according to court documents. Three local nightclubs had just closed and emptied their now frantic patrons into the street after last call. A nearby Sarasota Police Officer, who was the first to respond to the shooting, testified he had difficulty getting to the body because of the crowd, according to Dakan's order.
In the end, the street was littered with twenty six empty shell casings from four different caliber guns, Barbour was dead, and Gallo was arrested and ultimately charged with second degree murder, according to the court's order. Gallo claimed it was self defense and now, armed only with his defense team including Sarasota criminal defense attorney, Anthony G. Ryan, and Florida's gun-owner friendly self defense law, sought to prove he was legally justified in killing Barbour, according to court documents.
Okay, I posted about a third of the article (I think) and it was really necessary to get the correct info on the board. But this is a momentous occurrence here in Florida and one that I hope becomes more common. Importantly, it creates something called precedent in legalese but it basically means that in a certain jurisdiction subsequent decisions are based on decisions that mirrored those same circumstances previously. So the more times these kinds of cases are dismissed for the same reason (that they meet the standard presented by the law) they will be more easily accepted and dismissed. That's what we want and that is what should become a national standard in federal law. At least IMHO.