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Miami-Dade Circuit Court Judge Denies Stand Your Ground Motion

A Miami-Dade Circuit Court Judge denied a pre-trial motion raising Florida's Stand Your Ground law as an immunity to a murder prosecution.

The judge ruled that a man did not act in self-defense when he shot and killed two men outside of a Miami-Dade restaurant in 2008. The two men were unarmed.

The basis for the motion was that the accused was involved in a verbal argument with a group of men. When the accused believed that one of the men in that group was going for a weapon, he fired at two of the men, killing both.

The accused had a valid concealed weapons permit.

At the hearing, the accused testified that he saw one of the men reaching under his shirt and believed the man was going for a gun.

Even though the judge denied the motion, the accused will still raise self-defense at trial. The accused faces two counts of second-degree murder.

Eric Matheny is a criminal defense attorney serving Miami-Dade and Broward.