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Brevard Circuit Judge Robin Lemonidis Denies Criminal Defendant His Stand Your Ground Defense Did Lemonidis Flip Flop On Her Stance Regarding Warning Shots? |
September 18, 2018 |
According to a recently (August 2018) filed Motion To Dismiss - the legal team for criminal defendant John Derossett argued that their client qualifies to have his criminal prosecution ended - under Florida's Stand Your Ground Immunity Statute (SYG). In late August 2015 - agents of the Brevard County Sheriff's Office (BCSO) attempted to arrest Derossett's adult niece, Mary Ellis in a prostitution sting. The arrest (take down) took place directly inside the front door of Derossett's Brevard County home. Reports and testimony indicate that this encounter transpired in poor lighting conditions. As detailed on page 5 of the defendant's motion, the BCSO agents were in civilian clothes - absent two of the agents wearing Sheriff's Office vests. When Ellis started screaming for help from her uncle - Derossett came from a different room within the house and presented a gun causing the agents to flee the home. As the agents fled, Derossett fired a warning shot in the air. The BCSO agents returned fire - leading to the wounding of both Derossett and one of the BCSO agents. |
After a week long SYG hearing - on September 13, 2018 - Brevard Judge Robin Lemonidis ruled that John Derossett's action of firing a warning shot AFTER the deputies had fled his home - invalidated any SYG defense. Derossett must now still trial for three counts of attempted murder of a law enforcement officer.
While Waging War On Criminals Prior to Lemonidis being elected to the bench (2014) - she was Michael Dunn's defense attorney. On November 23, 2012, Michael Dunn shot and killed 17 year old Jordan Davis at a Jacksonville, Florida gas station for allegedly playing his car radio too loud. Dunn would allege that Davis and / or his teenage friends threatened him with a shot gun - this shot gun was never recovered by the police. According to a November 28, 2012 Huffingtonpost article - Lemonidis attempted to justify her client's eight gun shots, as being fired merely to scare off Davis and his teenaged companions. The obvious question is - if Dunn can fire eight shots to scare off the teens - with Lemonidis still holding that her client qualifies for the SYG defense - then how as a judge, can Lemonidis ruled that Mr. Derossett waived his ability to claim an SYG defense - merely due to the fact that he fired ONE warning shot in the air? |
In the attached video - Sheriff Wayne Ivey invited Brevard County citizens to "wage war" on terrorists & criminals.
Even the U.S. military (Navy) will shoot a warning shot across the bow of a ship, prior to targeting that ship. Doing so allows the enemy to know that you have the means and willingness to defend yourself. In our OPINION Derossett had a reasonable and rational belief that home invaders were in his home - he displayed a gun - causing the invaders to flee - Derossett then sent a clear message by firing the warning shot - I am willing to wage war - and I have the means to defend myself, my home, my family - keep running !! |
Gun Ownership & Self Protection How To "Wage War" On Criminals |