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Flashback, 2010: Citing Florida’s five-year-old Stand Your Ground law, a Fort Myers man likely will be freed from a year-old manslaughter charge.
On Wednesday, the state didn’t oppose a motion by Adeirean Carey to dismiss the charge stemming from the June 2009 death of Marcos Santiago at 5461 Fourth Ave. in Pine Manor, a neighborhood south of Fort Myers. Lee Circuit Judge Mark Steinbeck said he will make a ruling before Carey’s next court date Oct. 13.
Lee sheriff’s deputies charged Carey with second-degree murder, and prosecutors later charged him with manslaughter based on the facts of the case.
But evidence at the scene – a broken window latch found in the house and blood and a hat found just outside the window – pointed to self-defense, Carey’s attorney David Brener argued at a hearing Wednesday.
The state’s Stand Your Ground law allows people to defend themselves if they believe they or someone else is in immediate danger. It also doesn’t require them to retreat.
Carey testified Wednesday that he had been robbed a month earlier at his house, and when he heard noise around the window, he told the intruder to stop. He fired a shot as a warning, not knowing it hit anyone, he said. He left the house and later called Brener, who organized his surrender to authorities.
Assistant state attorney Bob Lee didn’t present any argument or witnesses to dispute the defense’s motion to dismiss. He said he had no way to dispute Carey’s version of the event.
So...we're claiming that being Hispanic and attempting to break into a house, is like being black and walking home from the store?
I can think of a number of issues with this supposed parallel, but I think the biggest one is that Zimmerman's story is clearly false when compared to Rachel Janteal's testimony, the fight location, Simmerman's recorded police call, and the like. In this case, all evidence points to Santiago attempting to break into Carey's house, and the prosecuted basically admitted to such. As such, this is a pretty clear attempt at a false equivalence.
Marcos Santiago was trying to break into the defendant's house when he was shot dead. This is clean cut self defense. Castle doctrine as in you are breaking into the place that I live in. Not stand your ground as in I am chasing you around the neighborhood.
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