Court to Review Stand Your Ground Ruling in 2015 Case Involving Wounded BCSO Deputy
By Todd Brown, Office of the State Attorney 18th Judicial Circuit PIO // November 8, 2019
The decision to review or hold a new Stand Your Groud hearing will be issued by the trial court at a future unknown date, the State Attorney's Office says
BREVARD COUNTY, FLORIDA – On Thursday (Nov 7) the Fifth District Court of Appeals issued a ruling overturning the decision by Judge Robin Lemonidis to deny the Motion to Dismiss for Stand Your Ground immunity in the prosecution of John Derossett for the attempted murder of Brevard County Deputy John “Casey” Smith on August 20th, 2015.
The appeals court found that because the trial court “did not apply the correct burden of proof…”, Derosssett is entitled to a new Stand Your Ground evidentiary hearing.
They added, “The court shall specifically address whether the State can establish, by clear and convincing evidence…that Derossett knew or should have known at the time that he fired his warning shot, that he was shooting at law enforcement officers…” or that “Derossett was using his home to further criminal activity.”
The appeals court did not preclude the trial court from making that determination by reviewing the existing record of the previous Stand Your Ground hearing, with the consent of both parties.
The decision to review or hold a new SYG hearing will be issued by the trial court at a future unknown date.