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Updated: 7:42 PM Jul 22, 2009
Hair Release Highlights Stand Your Ground Law
"No duty to retreat" applies on street as well as in home
Posted: 5:40 PM Jul 22, 2009Reporter: Julie Montanaro Email Address: julie.montanaro@wctv.tv |
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A shooting in which a Liberty County homeowner shot and killed a robber as well as Tuesday night's release of a Tallahassee man accused of murder, are drawing renewed attention to Florida's "stand your ground" law.
There's still plenty of debate about whether that self defense provision should extend from the home into the street.
Jimmy Hair walked out of the Leon County Jail Tuesday night into the arms of his wife and little boy.
His murder arrest may be the first to be overturned on appeal, citing Florida's "stand your ground law."
"He was legally entitled to defend himself, legally entitled to an immunity claim. There was no need for him to sort of "prove" himself to a jury," said Hair's attorney, John Leace. "It's, if not the first, one of the first where a court has granted immunity without the necessity of a jury trial," he said.
Hair contends he was trying to fight off a man who lunged into his friend's car outside the Top Flite club the night in July 2007.
A Florida law passed in 2005 says:
A person who is not engaged in an unlawful activity and who is attacked in any other place where he or she has a right to be has no duty to retreat and has the right to stand his or her ground and meet force with force, including deadly force if he or she reasonably believes it is necessary to do so to prevent death or great bodily harm to himself or herself or another or to prevent the commission of a forcible felony.
State Attorney Willie Meggs fears the appeals court decision that set Hair free will result in a wave of murder suspects claiming self defense ... even when it's not.
"The folks who will start benefitting from this are not law abiding citizens who are protecting their home, their family, their property. It's going to be thugs out on the street who say, Oh, I thought he had a gun," Meggs said.
Florida was one of the first states in the country to pass a "stand your ground" law. Georgia followed the next year and now 13 states, mostly in the south and west, have similar provisions.
Latest Comments
I agree with this law hard working taxpayer should not have to fear any knot head when they are trying to take your life every man and woman has a right to protect themself. Congratulation Jimmy please do the right thing with this second chance of lif and freedom. Take care your family
Mr. Hare is truly one lucky young man, considerably BLESSED. People dont understand or KNOW the facts of the incident that took place that night! Well im here to tell it! No, I dont think Hare should have gotten an life sentence, nor the death penalty or anything other than pure justice. Sad to say, Hare had great intention of punking Harper out. But he and Germinol both were in for a surprise! You dont go around picking fights with people expecting them to be COWARDS! I could go on and on about the incident that took place before my eyes that particular night but I won't! Even though Hare killed my friend, I never wished death upon Germinol or Hare from that night on. It was a situation that Hare CHOSE to involve HIMSELF in, and lesson well learned (and u cn bet dat)! By the way, Harper or the "ATTACKER" people say... Was not the person he was made out to be. Of course he was a HIGHLY INTELLIGENT, EXTREMELY WELL EDUCATED young man himself! Do the math.
I apologize for not understanding. How, exactly, do these two cases enter the debate about the self defense provision? The law is self explanatory and should be an example to every State in the union.
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