DAYTONA BEACH -- A decade-old law that gives criminal immunity to some people who defend themselves with knives, fists, sticks or guns is rearing its head more frequently in Volusia County courtrooms.
Under what is known as Florida's "Stand Your Ground Law," a Daytona Beach man recently avoided up to 15 years in prison for smashing another in the face with a 2-by-4 while defending himself and his girlfriend from a drunk attacker.
Circuit Judge Patrick Kennedy on Dec. 2 ruled that Vincent Strollo is immune from prosecution, records show.
It was interesting to see a man found immune from prosecution for delivering the July 19 blow that broke James Houghtaling's jaw, Houghtaling's lawyer said.
"I think the court made the right decision," said Strollo's lawyer, Mitch Wrenn. "Because had the case gone to trial, that would have been a big waste of financial resources. Charges should never have been filed in the first place."
The law expanded in 2005 what is known as the Castle Doctrine beyond the home, to allow self-protection in any place where you have a lawful right to be. The ability to retreat is irrelevant under the law.
Since the law broadened the defense, a spate of similar arguments have been heard in court. The issue has reached appellate courts throughout the state, though not yet here. In 2009, prosecutors in Miami dropped a murder charge against a man who admitted shooting a rival, fueling the debate.
Like any relatively new act of legislation, there are proponents and opponents and discussions of needed changes.
In Daytona Beach, three men have been shot and killed in the past year in what police described as acts of defense during drug deals gone wrong.
Murder charges have not been filed in those cases because the accused shooters had permits to carry concealed weapons and were defending themselves, Police Chief Mike Chitwood said.
"We're seeing a good law that's being abused," he said.
The most recent case involved the shooting death of Lekeefe Lee, 25. According to police reports, Lee was shot Dec. 10 at Martin Luther King Jr. Boulevard and Magnolia Avenue after arguing about a marijuana sale.
The accused shooter, Emanuel Rivera, 26, was charged with delivery of a controlled substance and use of a firearm in the commission of a felony, but not murder, Chitwood said, who has discussed the cases with prosecutors.
There is talk among state attorneys across Florida to push for a legislative tightening of the law, to close any loopholes that allow drug dealers "to skirt the law."
"You can't get life insurance as a drug dealer," Chitwood said.
Defense lawyers say the law is fine the way it is, and not abused. They point to the difficulty in gaining immunity for clients in court.
Earlier last year, John David Falwell admitted to Judge Kennedy that he swung a knife at a visitor in his motel room, striking him in the back.
Falwell, 37, claimed he stabbed Matthew Alcott, 26, in self-defense. Kennedy did not find the act was justified.
He was later convicted of attempted murder and sentenced to 20 years in prison.
"I don't see any need for changes because the statute is relatively clear," lawyer Wrenn said. "It gives people legal justification to defend themselves against bad guys."