Thu. Jan 23rd, 2020

A man accused of trying to kill three Brevard County sheriff’s deputies will get a second chance to have his charges dropped under Florida’s “stand your ground” law. John DeRossett claimed during a “stand your ground” hearing last year that he thought deputies who had come to his Port St. John house to arrest his niece were kidnappers. DeRossett said the men never identified themselves as law enforcement and when he saw them grab his niece he went to her defense.A gun battle ensued, and a deputy was injured. DeRosett argued for “stand your ground” last year, but was denied. An appeals court, however, said last week the trial court did not apply the correct burden of proof and ruled that DeRosett is entitled to a new “stand your ground” hearing. They added, “The court shall specifically address whether the state can establish, by clear and convincing evidence that DeRossett knew or should have known at the time that he fired his warning shot, that he was shooting at law enforcement officers…” or that he “was using his home to further criminal activity.”The ruling means DeRossett will either get a new Stand Your Ground hearing or a new decision by the judge based on what was presented in last year’s hearing. The shooting happened Aug. 20, 2015 and according to an arrest affidavit, DeRossett has never wavered in his argument that the shooting was done in self-defense. He said he was inside while agents were attempting to arrest his niece, Mary DeRossett, on prostitution charges.John DeRossett said his niece began calling for help. He said he saw three men in dark clothing surrounding her and fired a shot in the air. He said that drew return fire from the agents.”Mr. DeRossett fired his gun back toward the individuals who were shooting at him on the left and the center,” the affidavit stated. “Mr. DeRossett stated that he never heard the individuals in his front yard say anything. He also could not say what they were wearing other than dark clothing.”The affidavit stated John DeRossett told investigators he had a right to defend himself. It also quoted an agent who was with Smith as saying DeRossett started firing while they were struggling with his niece.

PORT SAINT JOHN, Fla. —

A man accused of trying to kill three Brevard County sheriff’s deputies will get a second chance to have his charges dropped under Florida’s “stand your ground” law.

John DeRossett claimed during a “stand your ground” hearing last year that he thought deputies who had come to his Port St. John house to arrest his niece were kidnappers.

DeRossett said the men never identified themselves as law enforcement and when he saw them grab his niece he went to her defense.

A gun battle ensued, and a deputy was injured. DeRosett argued for “stand your ground” last year, but was denied.

An appeals court, however, said last week the trial court did not apply the correct burden of proof and ruled that DeRosett is entitled to a new “stand your ground” hearing.

They added, “The court shall specifically address whether the state can establish, by clear and convincing evidence that DeRossett knew or should have known at the time that he fired his warning shot, that he was shooting at law enforcement officers…” or that he “was using his home to further criminal activity.”

The ruling means DeRossett will either get a new Stand Your Ground hearing or a new decision by the judge based on what was presented in last year’s hearing.

The shooting happened Aug. 20, 2015 and according to an arrest affidavit, DeRossett has never wavered in his argument that the shooting was done in self-defense.

He said he was inside while agents were attempting to arrest his niece, Mary DeRossett, on prostitution charges.

John DeRossett said his niece began calling for help. He said he saw three men in dark clothing surrounding her and fired a shot in the air. He said that drew return fire from the agents.

“Mr. DeRossett fired his gun back toward the individuals who were shooting at him on the left and the center,” the affidavit stated. “Mr. DeRossett stated that he never heard the individuals in his front yard say anything. He also could n

Copyright © All rights reserved. | Newsphere by AF themes.