State v. P.W.; Indian River County; Case # 312017CF1235
The State charged our client with three counts of Aggravated Assault with a Firearm, carrying a potential prison sentence of up to 15 years. We hired an investigator to canvass the scene, interview witnesses and do full background checks on the State’s three alleged victims. The State’s witnesses said our client was filming them from his front porch and then pulled a gun on them while using expletives. They claimed they were just talking, but our client suspected crack cocaine sales were happening in his neighborhood and wanted to get evidence of it for the police. He is a lawful firearm owner and was carrying his pistol in his other hand. He simply lowered it from his armpit to his side upon feeling threatened. During the course of our interviews, one of the alleged victims admitted taking a couple of steps toward my client and admitted being upset about being filmed. Our background check on him revealed that this individual was a known drug dealer in the Sebastian area. So we filed our Stand Your Ground Motion, demanding that the Court find our client immune from prosecution under Florida law. It worked. After making it clear to the State that we would not back down, not accept any offers, and that were ready to go to war, they folded their hand and dropped the case. On all three counts.
Brian Mallonee is a Criminal Defense Lawyer Serving St Lucie, Indian River, Martin, and Okeechobee Counties