The improper use of weapons or firearms in Fort Lauderdale and Broward County can result in tragic events. If you are facing firearms charges, contact a skilled Broward County gun crime attorney today. A recent appellate decision arose two men argued about whether a teen should be able to skateboard on a basketball court. A father and his child were playing basketball at the park. A teen was skateboarding. When the teen asked, the father told him he didn’t have a problem with his skateboarding.
A man who lived across the street yelled at the teen and told him he wasn’t allowed to skateboard. The father responded to the man across the street asking where the signs prohibiting skateboarding were since he’d just said it was fine to skateboard. The man went to his garage and then came out to the basketball court. The men argued. Then a couple at the park stopped playing to watch the argument. The man lifted up his shirt showing he had a gun and swore at the man. He started to walk away when the father grabbed him and tried to continue arguing. They wrestled. The man drew his pistol and shot when the father tried to grab it. The man died from the gunshot wound to the chest.
The man was charged with manslaughter, as well as improper exhibition of a firearm under section 790.10 and open display of a firearm under section 790.053. The case went to a jury. Both sides agreed to use standard jury instructions related to the defendant’s defense of justifiable use of deadly force. The instruction was that it would be a defense to the offense with which the defendant was charged if the death resulted from his justifiable use of deadly force, and that using deadly force would be justifiable only where a defendant reasonably believes the force is needed to stop imminent death or great bodily harm to himself while resisting someone else’s effort to murder him or an attempt to perpetrate aggravated battery on someone 65-years-old or older or aggravated battery on that person.