[1hr]Neely Fuller jr - Gun Control Stand Your Ground Law|| 2 May 2012
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[1hr]Neely Fuller jr - Gun Control & Stand Your Ground Law|| 2 May 2012 - Video
More than eight years after two young men were shot to death at a keg party in The Acreage, the tragedy must be examined by another jury, a state appellate court wrote in an opinion released Wednesday.
John T. Dorsey, found guilty of the killings in 2009 and again at a 2012 retrial, is entitled to a third trial so he can use Florida's Stand Your Ground law to argue the shootings of Stephen Bunting, 20, and John Lott, 19, were justified, the 4th District Court of Appeal said.
The decision for Dorsey, 28, wipes away a 45-year prison sentence for the 2012 manslaughter convictions; he's been in custody since his arrest just hours after the Aug. 25, 2006 deaths.
The reversal follows recent appellate court opinions favoring the rights of convicted felons to use the controversial self-defense law to try to avoid prosecutions.
Under Stand Your Ground, people don't have to retreat and can legally use deadly force if the person reasonably believes doing so is necessary "to prevent imminent death."
In Wednesday's opinion, the appellate judges wrote Palm Beach County Circuit Judge Charles Burton gave Dorsey's jury improper instructions the defendant could not lean on Stand Your Ground.
The instruction referred to a section of the law that prevents people from seeking immunity under the law if they were "engaging in an unlawful activity." It's illegal for felons to possess guns.
But another section of the law doesn't have the "unlawful activity" restriction, and Dorsey may pursue a defense under those grounds, the opinion states.
Arrest records show Dorsey and a friend drove to a house party and parked in an open lot nearby. Witnesses told investigators that Lott and Bunting came up to Dorsey and they got into a fight. Dorsey then fired his gun twice, hitting both men in the chest, and they died at the scene.
In 2009, Dorsey was convicted of two second-degree murder counts, but in 2011 the appellate court ordered a new trial on manslaughter charges. The court upheld convictions for two weapons charges.
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Palm Beach County felon wins third trial; this time over Stand Your Ground appeal
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