A person who uses or threatens to use deadly force in accordance with this subsection does not have a duty to retreat and has the right to stand his or her ground if the person using or threatening to use the deadly force is not engaged in a criminal activity and is in a place where he or she has a right to be.įla. Section 776.012 (2) holds: ( 2) A person is justified in using or threatening to use deadly force if he or she reasonably believes that using or threatening to use such force is necessary to prevent imminent death or great bodily harm to himself or herself or another or to prevent the imminent commission of a forcible felony. As used in this subsection, the term “criminal prosecution” includes arresting, detaining in custody, and charging or prosecuting the defendant.įla. 943.10(14), who was acting in the performance of his or her official duties and the officer identified himself or herself in accordance with any applicable law or the person using or threatening to use force knew or reasonably should have known that the person was a law enforcement officer. ![]() 776.031 is justified in such conduct and is immune from criminal prosecution and civil action for the use or threatened use of such force by the person, personal representative, or heirs of the person against whom the force was used or threatened, unless the person against whom force was used or threatened is a law enforcement officer, as defined in s. Section 776.032 (1) holds: (1) A person who uses or threatens to use force as permitted in s. The defendant must prove his case by a preponderance of evidence. 3.190 (b) holds, in pertinent part: “….All defenses available to a defendant by plea, other than not guilty, shall be made only by motion to dismiss the indictment or information …. 3.190 (b) is the appropriate procedural vehicle in filing a Motion to Dismiss pursuant to Fla. Zilch had bruises on his face where Mercer fought with him.įla. Zilch admitted to shooting Mercer but claimed self-defense. When police arrived, Mercer was laying on the ground and deceased. ![]() While the neighbor was on the phone, the neighbor and the dispatcher, heard someone shout, “No”, and heard a gunshot. A neighbor then called 911 and reported a disturbance. The dispatcher advised Zilch to stand down. Sometime, in the middle of the night, he observed Mercer, wearing a hood, walking through yards at a strange pace, looking at homes. He was licensed and permitted to carry the gun. A string of burglaries had been committed in the area. Zilch is the Captain of a “Local Citizen’s Crime Watch Group”, where the incident occurred. He shot and killed, Travaris Mercer, on the night of July 3, 2018. ![]() Gregory Zilch has been arrested and is charged with Second Degree Murder. In support hereof, defendant states and alleges all as follows: ![]() Section 776.032, Article I, Section 9 of the Constitution of the State of Florida, and the Fifth and Fourteenth Amendments to the Constitution of the United States, moves this Honorable Court to dismiss the indictment/information in the above-styled case, in that he has immunity from prosecution. COMES NOW, the defendant, Gregory Zilch, by and through his attorney, Harry Reign, in the above-entitled styled cause of action, pursuant to Fla.
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