State v. Quevedo
The Third DCA affirmed a trial court's order granting Stand Your Ground immunity to a defendant who shot his neighbor after the neighbor, during a confrontation, threatened to break his teeth and advanced on him. The court held that the trial court properly considered the defendant's known bleeding disorder (Von Willebrand disease) and the disparity in age/size between the parties in assessing whether a reasonable person in the defendant's position would have believed deadly force was necessary to prevent imminent death or great bodily harm, and that competent substantial evidence supported the trial court's findings that the State failed to rebut immunity by clear and convincing evidence.
Key facts
- Defendant shot his neighbor during a confrontation after the neighbor threatened to break his teeth and advanced on him.
- Defendant has Von Willebrand disease, a bleeding disorder that could cause minor blunt trauma to result in serious or fatal injury.
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Why it matters
This opinion is useful to practitioners litigating Stand Your Ground immunity because it expressly incorporates a defendant's known physical/medical vulnerabilities into the objective reasonableness analysis, supporting… — full analysis with a trial
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