Yesterday the State Attorney’s Office released the surveillance video from the Waffle House shooting in Fort Myers a few months ago. The video clearly shows Dakota Fields rush the door to attack Jehrardd Williams, who was standing inside with a firearm. Fields died in his friend’s vehicle after an accident as they were trying to get him to the hospital.
The legal issue at the case, which is a clear instance of self-defense, was the level of force justified. Mr. Williams used deadly force to defend himself, but there was no indication that Fields, or his friends, were armed. Does the Stand Your Ground law permit someone to used deadly force (discharge of a firearm is always deadly force in Florida), against someone who is unarmed? It can. It’s a case by case basis: deadly force is permissible if a person reasonably believes they are in danger of imminent death or great bodily harm. [emphasis mine] The State decided that in this case, it could not prove otherwise beyond and to the exclusion of every reasonable doubt.
Local reporter Stacey Deffenbaugh asked me Thursday, after the manslaughter verdict in a another stand your ground case, how many stand your ground trials had occurred since the law passed in 2005. There’s no way of knowing for sure, as not all cases are murders. Further a lot of the cases not only don’t go to trial, but do not get filed on because the prosecutors recognize the difficulty of proof.
Also, don’t start fights at Waffle House.
Here’s the Waffle House story and footage at the News-Press.