September 14, 2018 - Court Denies Defense Motion In Derossett Stand Your Ground Hearing

Late Thursday afternoon (Sept 13) Judge Robin Lemonidis issued her decision in the John F. Derossett "Stand Your Ground" hearing that concluded on August 31, 2018.

Judge Lemonidis dismissed the defense motion and found that the defendant's actions failed to meet the standard of proof required under Florida Statute 776.013(1)(b).

In her written decision Judge Lemonidis wrote in part "As the Defendant stated that he did not fire his gun until after the individuals had "scattered" into the yard, and his niece was clearly inside his house, it was not reasonable for the Defendant to believe that there was an imminent threat from the individuals. As there was no imminent threat to the Defendant, the firing of the Defendant's gun was completely unprovoked per the statute and therefore unjustified."

With this decision the case is now set for docket review on October 5th at 8:30 AM before Judge Lemonidis at the Historic Titusville Courthouse.

Court Ruling

 

Todd Brown
Public Information &
Communications
(321) 617-7310
(321) 704-0220 Mobile


Office of the State Attorney
18th Judicial Circuit
2725 Judge Fran Jamieson Way
Building D
Viera, Fl. 32940

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