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Already charged with murder, Eugene Matthews is now being sued Bradenton Herald Matthews has not denied shooting his gun but his attorney has argued in court that he has a defense based on Florida's Stand Your Ground law because the Rawsons came onto his property unannounced after dark, broke through his locked gate and kicked ...

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Already charged with murder, Eugene Matthews is now being sued - Bradenton Herald

LARGO Charges against a 40-year-old man involved in a fatal scuffle outside a St. Petersburg bar were dismissed this week after his defense attorneys invoked the state's new "stand your ground" law.

Bobby Ryan of St. Petersburg was charged with manslaughter after he was accused of punching Christopher Motlenski, who later died from complications of his injuries. On Thursday, Pinellas-Pasco Circuit Judge Frank Quesada granted his motion to dismiss the case.

Under Florida law, a person "does not have a duty to retreat and has the right to stand his or her ground" if they believe they or others could face imminent death or great bodily harm.

Previously, it was up to the defense to show their client is immune from prosecution under this law. But in the spring, the state Legislature revised the law, shifting the burden of proof to prosecutors.

Ryan's case is likely the first time the new law, signed by Gov. Rick Scott in June, was invoked in a Pinellas courtroom.

According to court records filed by Ryan's defense attorneys, James Beach and Richard Watts, this is what happened the night of Feb. 10, 2016. At 2 a.m., Ryan and friend Torsten Simpson, arrived at Angelo's Grill and Bar on First Avenue N in downtown St. Petersburg to pick up some sandwiches.

They were standing near the bar when Motlenski began an argument with them about their British accents. An employee escorted Motlenski, 53, outside. When Simpson and Ryan left the bar, Motlenski "continued to harass the defendant," records stated. The men threw punches and Motlenski "bull charged" Simpson against a pair of doors, drawing other patrons' attention.

That's when Ryan punched Motlenski, who fell and hit his head on the pavement. Ryan was initially arrested on a charge of felony battery. After Motlenski died of complications, the charge was upgraded to manslaughter.

"It was just a tragic accident that shouldn't have happened," said Beach, adding that Motlenski's comments and aggression toward Simpson "led my client to believe that there was certainly danger involved."

In an all-day hearing July 6, prosecutors and defense attorneys presented their arguments to Quesada. On Thursday, the judge dismissed Ryan's charges.

Contact Laura C. Morel at lmorel@tampabay.com. Follow @lauracmorel.

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Pinellas judge tosses charge against man under new Stand Your Ground law - TBO.com

LARGO Charges against a 40-year-old man involved in a fatal scuffle outside a St. Petersburg bar were dismissed this week after his defense attorneys invoked the state's new Stand Your Ground law.

Bobby Ryan of St. Petersburg was charged with manslaughter and accused of punching Christopher Motlenski, who later died from complications of his injuries. On Thursday, Pinellas-Pasco Circuit judge Frank Quesada granted his motion to dismiss the case.

Under Florida law, a person "does not have a duty to retreat and has the right to stand his or her ground" if they believe they or others could face imminent death or great bodily harm.

Previously, it was up to the defense to show their client is immune from prosecution under this law. But in the spring, the state Legislature revised the law, shifting the burden of proof to prosecutors.

Ryan's case is likely the first time the new law, signed by Gov. Rick Scott in June, was invoked in a Pinellas courtroom.

According to court records filed by Ryan's defense attorneys, James Beach and Richard Watts, this is what happened the night of Feb. 10, 2016. At 2 a.m., Ryan and friend Torsten Simpson, arrived at Angelo's Grill and Bar on First Avenue N in downtown St. Petersburg to pick up some sandwiches.

They were standing near the bar when Motlenski began an argument with them about their British accents. An employee escorted Motlenski, 53, outside. When Simpson and Ryan left the bar, Motlenski "continued to harass the defendant," records state. The men threw punches and Motlenski "bull charged" Simpson against a pair of doors, drawing other patrons' attention.

That's when Ryan punched Motlenski, who fell and hit his head on the pavement. Ryan was initially arrested on a charge of felony battery. After Motlenski died of complications, the charge was upgraded to manslaughter.

"It was just a tragic accident that shouldn't have happened," said Beach, adding that Motlenski's comments and aggression toward Simpson "led my client to believe that there was certainly danger involved."

In an all-day hearing July 6, prosecutors and defense attorneys presented their arguments to Quesada. On Thursday, the judge dismissed Ryan's charges.

Contact Laura C. Morel at lmorel@tampabay.com. Follow @lauracmorel.

Pinellas judge tosses charge against man under new Stand Your Ground law 08/04/17 [Last modified: Friday, August 4, 2017 2:47pm] Photo reprints | Article reprints

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Pinellas judge tosses charge against man under new Stand Your Ground law - Tampabay.com

DES MOINES, Iowa

A Des Moines murder case could be an early test of Iowas new stand your ground law.

Sera Alexander, 29, is charged with shooting and killing her stepfather, Anthony Hartmann, in her home May 8, but she claims it was a case of self-defense.

Now, a judge will decide if the new law that went into effect July 1 applies retroactively for the crime committed three months prior.

District Court Judge Robert Blink will decide of the stand your ground defense can be used for the first time in the state of Iowa.

It essentially says if youre in a lawful place, you have a right to use deadly force even from a perceived threat, said Robert Rigg, of the Drake Legal Clinic.

Court documents show a no-contact order filed against Hartmann last fall after he grabbed his wife by the hair and pushed her head into the driver side glass window. Prosecutors said Alexander shot Hartmann in the basement of the family home.

There was violence in the home for a considerable time inflicted against all members, defense attorney F. Montgomery Brown argued. Youre presumed to feel threatened if you have an intruder in your home unlawfully. I read the statute to say youre presumptively justified to use deadly force.

Brown said the defense should apply because this case will go to trial after the law took effect July 1. Legal experts expect to see it used often in any self-defense case.

Youre going to have two people shooting at each other and both saying I was standing my ground, and police will have to sort that out at the time, Brown said.

The judge will make a decision in the next few weeks. He set a trial date for Dec. 4.

Alexander remains free on bond.

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Stand your ground defense could be applicable to murder case - KCCI Des Moines

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DES MOINES, Iowa -- A Des Moines woman charged with murder in the shooting death of her stepfather is now arguing that the new "stand your ground law" applies to her case. The stand your ground legislation was signed into law by Governor Terry Branstad on April 13 and took effect on July 1. The defendant's lawyer is arguing it should apply to deadly shooting that happened on May 8.

"I would anticipate any person who has a self-defense claim that is pending, is going to probably try to utilize the new statute," said Drake University Law Professor Robert Rigg.

Rigg says a judge in one county could rule one way and a judge in another county could rule another way, but that whatever is decided in this case could have an effect on how the law is applied to other cases, although it wouldn't be binding.

"There are a series of cases that would have occurred prior to July 1, but wouldn`t have been litigated yet, so what the defense lawyers are trying to do and attempting to argue to the court is hey, that new stand your ground legislation should apply to that group of cases, the ones that occurred before July 1," said Professor Rigg.

Last month, 29 year-old Sera Alexander pleaded not guilty to first degree murder in the death of 49-year-old Anthony Hartmann. Police say Sera admitted to shooting Anthony when he came to the home to collect some of his belongings. Alexander`s mother, Susan Hartmann, said her daughter was unaware that a previous restraining order against Anthony had recently expired.

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Woman Charged with Murder Argues Stand Your Ground Law Applies to Her Case - whotv.com