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Father of man fatally shot at gated community in 2016 talks about how frustrating the case has been. Video by Michael Braun

Ryan Douglas Modell, 32, who died in a Lee County development March 20, 2016.(Photo: Special to news-press.com)

The father whose son was shot and killed in south Lee County in 2016 when he mistakenly knocked on the wrong door wants the governor to appoint anindependent state attorney and let a grand jury review the case.

A letter written by attorney Mark O'Mara, who represents Sandy Modell, the father of Ryan Modell, was sent via Federal Express to the governor's office Monday.

Modell remains adamant that his son was murdered and cant understand why the man who he accuses of the shooting hasnt been arrested.

"Mark is simply asking the governor to reassign it to get the same objective state attorney review we've been asking for," Modell said.

The state attorney's office for the 20th district, in March, decidednot to bring chargesagainst James Taylor, the man who shot Ryan Modell.

Death of 32-year-old justified under Stand Your Ground, no charges for shooter

Sandy Modell talks about the March 20, 2016, shooting at the gated Emerson Square community in south Lee County that claimed his son Ryan's life.(Photo: Michael Braun/The News-Press)

The state attorneys office said Taylor was justified under Floridas Stand Your Ground law to kill Modell because he feared for his life.

The law was made infamous after George Zimmerman was acquitted of murder charges in the 2012 death of 17-year-old Trayvon Martin in Sanford. O'Mara represented Zimmerman in the Martin case.

According to the state attorneys office, Modell was a well-developed, well-nourished man who stood at 6-foot-1 and weighed 224 pounds. Modell was 32 when he died.He lived with his girlfriend at an apartment that was identical to Taylors.

While Ryan Modell was walking back to his girlfriends Emerson Square apartment in south Lee County around 2 a.m. on March 20, 2016, he mistook one apartment for another and tried opening the door, his dad and girlfriend said. He was allegedly confronted by Taylor and fatally shot.

Sandy Modell says that State Attorney Stephen B. Russell should be supportive of the request.

"There should be no [problem with this," he said. "If they did a responsible job they should support it."

"We made our decision and found it was an appropriate Stand Your Ground application and will have no further prosecutorial action," said state attorney spokeswoman Samantha Syoen. "It was reviewed by Assistant State Attorney Dan Feinberg of our Homicide Unit."

O'Mara, in the letter to the governor, says: "Even when told in the light most favorable to Mr. Taylor, his own words, the facts do not justify the shooting death of Ryan Modell. This is not an instance of self-defense. This is an unjustified homicide."

Lee County father looking for answers in son's shooting death

Sandy Modell said that no matter what happens it would be small comfort.

"This is not about guns, the Second Amendment or Stand Your Ground," Sandy Modell said. "It's about murder. We're looking for an objective review."

He said that if the review was granted and a murder charge eventually levied he would be a "little less miserable."

He also said the request has no downside for the governor.

Father, friends remember man shot in south Lee County

If he denied it, Sandy Modell said, it would be a vindication for the local state attorney's office.

"If it is approved," Sandy Modell said, "the governor prevents a travesty."

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Originally posted here:
Review of south Lee 'Stand Your Ground' case sought - The News-Press

Who is protected by the Stand Your Ground law in the event of a shooting? WAAY 31 searched for answers on the heels of a deadly shooting Tuesday in Morgan County.

When you typically hear about the law coming into play, it usually involves two people. Those two people are usually the shooter and the victim.

But lawyers told WAAY 31 it could include a third party under the right circumstances.

Attorney Mark McDaniel said, according to Alabama law, if you choose to defend someone using deadly force, then you are only justified if that person is in grave danger.

"The word is reasonable," McDaniel said. "If you reasonably believe the other person is using or about to use unlawful, deadly force against you or a third person in your presence."

And if that isn't the case, then McDaniel said the shooter could end up in legal trouble and face serious charges.

"If somebody pulls a gun out and then somebody else pulls a gun out," McDaniel said. "Then the third person walks in and shoots the second person who pulled the gun out, then that's going to be called manslaughter."

Decatur Police told WAAY 31 several employees were at Eagle One during the altercation, but authorities couldn't say who actually witnessed the shooting besides the three people involved. However, officers did say the argument started inside of the business and led outside near the back of the building where Cazier was shot and killed.

Police could not confirm whether the shooter saw the altercation from beginning, but authorities did tell me they are continuing to gather evidence for a grand jury to decide the shooter's fate.

"And, the grand jury will certainly consider everything," McDaniel said.

So far, no charges have been filed against the shooter or the other employee involved. Decatur Police said once they complete the investigation, then it will take up to 90 days for a grand jury to look at the case and decide if the Stand Your Ground law applies.

See the article here:
How the 'Stand Your Ground" law could apply to a third party? - WAAY

TAMPA, Fla. - If signed by the Governor, Florida would become the first state to place the burden of proof in Stand Your Ground cases on the prosecution, instead of the defense.

Some fear this change will have a dangerous impact on domestic violence victims.

Mindy Murphy is C.E.O. of The Spring of Tampa Bay, a dedicated to preventing domestic violence and protecting victims.

"The reality is a domestic violence batterer or abuser has nothing to lose now by filing for a Stand Your Ground immunity claim," said Murphy.

Advocates warn the change in Florida's controversial Stand Your Ground self-defense law will have the unintended consequence of protecting abusers.

RELATED:Former Judge warns of dire consequences of Stand Your Ground changes

"It's going to be, potentially, a really great tool for an abuser to say 'hey, I was defending myself,'" said Murphy.

Murphy says that in many cases, victims are too frightened to come forward, taking a crucial piece of evidence away from the prosecution.

"Put her life at risk by testifying, then there's no way for the state to prove that it wasn't stand your ground."

Advocates want Gov. Rick Scott to help protect victims by vetoing the change.

"It happens behind closed doors and too often the only witness to the domestic violence is the perpetrator and the victim," said Murphy.

Lawmakers who support the change believe in strengthening the Stand Your Ground law is necessary because state prosecutors should always have to prove defendants acted outside the law, in any case.

View post:
Anti-domestic violence advocates warn against Stand Your Ground ... - ABC Action News

TAMPA, Fla. - How people accused of violent crime defend themselves in court could change drastically, after representatives voted to change Florida's self-defense law.

Now a former judge is warning of dire consequences, and an easier path for someone trying to get away with murder.

"This is what we call downstream consequences. The social policy set by this is really horrible," says Jeff Swartz, a professor at the Thomas M. Cooley Law School in Riverview.

Right now it's up to an accused defendant to prove they should be immune from a jury trial, but legislators, like Rep. Jeff Brandes of Pinellas County (R) are aiming to change what's known as the "burden of proof."

"The state should always have the burden of proof in these types of situations," Rep. Brandes told ABC Action News earlier this year, in support of changing the Stand Your Ground law. "The state should always have to prove that you acted outside the law."

But Swartz, who is a former County Judge in Florida, and serves as a legal expert for ABC Action News, is warning that the change means it will be up to the state to prove guilt to a judge before the trial ever even happens.

That could mean longer legal processes, and likely means a lot fewer cases will make it to trial.

"The idea that anybody charged with a violent felony -- assault, battery, attempted murder, murder -- can make the state prove him guilty, twice! As opposed to him having to prove he's entitled to the immunity and a jury decide if he's being truthful or not," is a bad idea, says Swartz.

And Swartz warns that in a system where witnesses are essential to get a jury trial, violent crime could become a lot more common.

"I think this will increase incidents of any kind of violence where they believe they can get away with it because there's nobody watching," explains Swartz.

The changes would take effect as soon as Governor Rick Scott signs it into law.

RELATED:Anti-domestic violence advocates warn against Stand Your Ground law change

Meanwhile, a lot could be decided by the first case to go through process under new law and that could be the local case of Curtis Reeves.

A judge has already rejected the former Tampa Police officer's request for immunity under Florida's Stand Your Ground law, but under the new law, he might be allowed to request another hearing on the matter, since the standards have changed.

"If I had to place a name on this I think this is the Curtis Reeves Bill," says Swartz to ABC Action News. "I think people saw what happened to Curtis Reeves. They sided with him. Some people were pushing for him. I think some of law enforcement was on his side, I think the NRA was on his side. And I think they wanted to create a circumstance in which someone like Curtis Reeves now gets a judge to maybe determine he doesn't have to stand trial in front of a jury where he believes he would most probably would be found guilty."

Read more:
Former Judge warns of dire consequences of Stand Your Ground ... - ABC Action News

TAMPA, Fla. - How people accused of violent crime defend themselves in court could change drastically, after representatives voted to change Florida's self-defense law.

Now a former judge is warning of dire consequences, and an easier path for someone trying to get away with murder.

"This is what we call downstream consequences. The social policy set by this is really horrible," says Jeff Swartz, a professor at the Thomas M. Cooley Law School in Riverview.

Right now it's up to an accused defendant to prove they should be immune from a jury trial, but legislators, like Rep. Jeff Brandes of Pinellas County (R) are aiming to change what's known as the "burden of proof."

"The state should always have the burden of proof in these types of situations," Rep. Brandes told ABC Action News earlier this year, in support of changing the Stand Your Ground law. "The state should always have to prove that you acted outside the law."

But Swartz, who is a former County Judge in Florida, and serves as a legal expert for ABC Action News, is warning that the change means it will be up to the state to prove guilt to a judge before the trial ever even happens.

That could mean longer legal processes, and likely means a lot fewer cases will make it to trial.

"The idea that anybody charged with a violent felony -- assault, battery, attempted murder, murder -- can make the state prove him guilty, twice! As opposed to him having to prove he's entitled to the immunity and a jury decide if he's being truthful or not," is a bad idea, says Swartz.

And Swartz warns that in a system where witnesses are essential to get a jury trial, violent crime could become a lot more common.

"I think this will increase incidents of any kind of violence where they believe they can get away with it because there's nobody watching," explains Swartz.

The changes would take effect as soon as Governor Rick Scott signs it into law.

RELATED:Anti-domestic violence advocates warn against Stand Your Ground law change

Meanwhile, a lot could be decided by the first case to go through process under new law and that could be the local case of Curtis Reeves.

A judge has already rejected the former Tampa Police officer's request for immunity under Florida's Stand Your Ground law, but under the new law, he might be allowed to request another hearing on the matter, since the standards have changed.

"If I had to place a name on this I think this is the Curtis Reeves Bill," says Swartz to ABC Action News. "I think people saw what happened to Curtis Reeves. They sided with him. Some people were pushing for him. I think some of law enforcement was on his side, I think the NRA was on his side. And I think they wanted to create a circumstance in which someone like Curtis Reeves now gets a judge to maybe determine he doesn't have to stand trial in front of a jury where he believes he would most probably would be found guilty."

View original post here:
Former Judge warns of dire consequences of Stand Your Ground changes - ABC Action News