The 'Stand Your Ground' Defense Rejected In This High-Profile Shooting

Judge denies Stand Your Ground motion of former Florida police captain accused of killing man in movie theater over texting

Judge denies 'stand your ground' defense in movie theater slaying

Reeves is facing a charge of second-degree murder.

A retired police captain accused of fatally shooting another moviegoer inside a Florida cinema can't defend himself using the state's controversial "Stand Your Ground" law, a circuit judge ruled Friday. Reeves left to report Oulson to theater management, both sides of the case agree.

The argument, which started because Oulson was texting his daughter's daycase during previews, escalated and ended with Reeves shooting and killing Oulson.

Barthle added: "In addition, common sense and the credible testimony of the medical examiner casts grave doubt on the likelihood of anything hitting the defendant in the eye beneath his glasses in the manner the defendant described". The judge concluded that the defense arguments are an attempt to "justify [Reeves'] actions after the fact".

In her ruling Barthle said the evidence showed a different story that was Reeves testified.

During a court hearing last month, Vivian backed her husband up by testifying she was "horrified" and "scared" because of how Oulson was behaving.

During the recent two-week hearing, Reeves' defense claimed that Reeves feared that Oulson was about to punch him and that the defendant feared serious injury.

Video evidence shows the victim threw a bag of popcorn at the older man's face and that is when Reeves pulled out a gun and shot Oulson in the chest.

Then-U.S. Attorney General Eric Holder renounced the Florida law after Zimmerman's acquittal and said it undermines public safety and likely encourages violence.

"[The court] is not willing to come to the conclusion that these circumstances are those envisioned by the Legislature when the "stand your ground" law was enacted", she wrote in her decision.

Barthle also rejected the defense's notion that Reeves was frightened or intimidated by the 43-year-old Oulson. Even his wife doesn't agree with his claim. "Our study finds that, as a result, you get more of it".

Grimaldi said they're prepared for a long delay because the defense likely will appeal the "stand your ground" ruling and that a trial probably wouldn't happen until next year.

A trial date has not been set, CNN affiliate WFTS in Tampa reported.

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