On Thursday (Nov 7) the Fifth District Court of Appeals issued a ruling overturning the decision by Judge Robin Lemonidis to deny the Motion to Dismiss for Stand Your Ground immunity in the prosecution of John DEROSSETT for the attempted murder of Brevard County Deputy John "Casey" Smith on August 20th, 2015.

The appeals court found that because the trial court "did not apply the correct burden of proof...", DEROSSETT is entitled to a new Stand Your Ground evidentiary 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 "DEROSSETT was using his home to further criminal activity."

The appeals court did not preclude the trial court from making that determination by reviewing the existing record of the previous Stand Your Ground hearing, with the consent of both parties.

The decision to review or hold a new SYG hearing will be issued by the trial court at a future unknown date.

Download the complete 5th DCA ruling here

Todd Brown
Public Information &
Communications

(321) 617-7310
Office of the State Attorney
18th Judicial Circuit
2725 Judge Fran Jamieson
Way Building D
Viera, Fl. 32940