Woman Who Stabbed Mother to Death Enters Plea for 15 Years in Prison

Mariya Kelly stabbed her mother one time in the chest. The knife penetrated 9 cm, piercing the membrane around the heart, and puncturing an important artery. Her mother, Melissa Kelly, quickly succumbed to blood loss from the injury. Today, Mariya Kelly entered a plea to Manslaughter charges, and pursuant to an agreement, was sentenced to 15 years in Florida State Prison. Ms. Kelly was just 21-years old when she killer her mother.

Mariya Kelly

Ms. Kelly had claimed self-defense, saying her mother attacker her and struck her in the head prior to her using the knife, with which she had been cutting strawberries in the kitchen. We covered the Stand Your Ground Motion before Judge Branning a few weeks ago, and the court did not find that she was justified in using deadly force that could have allowed the case to be dismissed before trial. She faced a jury trial, and a potential 30-year sentence, before accepting the plea offer.

The Stand Your Ground hearing was emotional, including testimony from family members about the incident and previous disputes with her mother. Several family members also testified at the sentencing hearing today, including her brothers, one of whom testified they hoped she rots in jail, while the other called her a “murderer” and a “monster.” There was also testimony that she had previously been part of a cult known as the “Carbon Nation”, which is known for polygamy and nudism, but there is no indication that had anything to do with the incident involving her mother. Without a doubt, the situation was a tragedy and that the single strike with a deadly weapon tore a family apart. In Florida, convicts must serve 85% of their sentence, so she will not be eligible for release for more than a decade.

Cape Coral Woman Who Stabbed Her Mother to Death Claims Self-Defense

Mariya Kelly

Mariya Kelly, who was arrested in 2020 and charged with Manslaughter with a Weapon in the killing of her mother, filed a Stand Your Ground motion to have her charges dismissed. Essentially, she is arguing that she was justified in using force against her mother in the incident. Florida’s Stand Your Ground law permits the Defense to have the charges thrown out prior to trial unless the state is able to prove the the force was not justified.

It is undisputed in this case that the alleged victim’s death was caused by a knife wielded by Ms. Kelly. The Defense argues that the mother was the aggressor. The legal question is whether the fear claimed by Ms. Kelly justifies her use of deadly force against the victim, who was her mother. There was a single injury from one stab wound to the chest which was fatal.

At the Stand Your Ground hearing today, the Defendant’s brother gave dramatic testimony as a witness to the event. He testified that their mother was unarmed, but that an argument ensued and that the alleged victim took multiple swings at the Defendant, before the Defendant struck her mother one time with the knife. The victim’s mother, the grandmother of the Defendant, testified to a prior incident of the alleged victim beating Ms. Kelly.

Ms. Kelly took the stand to testify about the incident. She testified that her mother got upset and attacked her, flailing wildly and striking her several times about the head and upper torso. She said she was already holding the knife because she was preparing strawberries for her young daughter. She said the victim saw the knife and attacked her, when she wouldn’t put it down. She testified that she was scared, due to the prior beating and since her mother was quite a bit larger than she was (some six inches and 70 pounds). She said she struck her out of fear, one time to stop the attack. She admitted on cross that her mother was unarmed, and did not threaten her verbally, but that she was afraid of what might happen.

The legal question for whether the use of force is justified turns not on whether the victim was armed, but whether the Defendant had a reasonable fear of death or serious bodily injury at the time of the offense. While that fear is difficult to show when only one person is armed, it’s not unheard of. The recent Tampa case of Curtis Reeves is a high-profile example. Reeves was involved in a dispute at a movie theater, and the other man threw popcorn at him. Reeves also asked for a dismissal under the Stand Your Ground law, but the motion for immunity was denied. However, he successfully argued self-defense at trial and was acquitted by a jury just last month. Key to his defense was his compelling testimony before the jury about his fear at the time.

It was a sad, difficult day in court today. Regardless of the outcome, the case is clearly a tragedy. The judge denied the motion to dismiss, but the case will proceed to a trial, potentially starting at the end of this month.

Kentucky I-75 Shooting Ruled Self-Defense

Kentucky prosecutors announced that no charges will be filed against a driver who shot another driver on Friday afternoon. Details are unclear as to what led up to the accident, but multiple witnesses confirmed one driver got out of his car with a rifle and approached the other car. The driver of the other car was already on the phone with 911 when he saw the rifle, and drew his own gun. the operator heard an exchange between the two men, and then the man in the car shot the man with the rifle.

If the photograph above is any indication, it certainly sounds like a clear cut case of self-defense. If you walk up on somebody with a firearm in hand, and in that photo he appears to be pointing it at the other driver, that other party is likely to have a reasonable fear of death or serious bodily injury. It sounds like the witnesses and the 911 call verify that the guy was justified in using deadly force to defend himself.

Trial is Underway for Michael Drejka, in the Parking Spot Shooting Case

Trial started today in the manslaughter case against Michael Drejka, who shot a man in Clearwater in a dispute over a handicapped parking spot. The entire incident was caught on dramatic surveillance video, which will be played for the jury. Inescapable is the fact that Drejka is white and the victim, Markeis McGlockton, a father of four, is a black man. Further complicating the case, the Defendant got in a dispute with another black man over the same handicapped spot a few weeks earlier and shouted a racial slur at him. The judge has ruled, due to the similarity of the incidents, that the prosecution will get to tell the jury about the prior incident, but not the racial slur he allegedly used.

Drejka is arguing that he was justified in his use of force under the stand your ground law. the stand your ground law provides there is no duty to retreat, but it still requires there be a reasonable fear of death or great bodily harm before deadly force is justified. Based on the video, Drejka has a challenging defense. Jury selection in the case will continue tomorrow.

State Counters Lisa Troemner’s Battered Spouse Defense in Ongoing Murder Trial

Lisa Troemner

After about a week of testimony demonstrating that Lisa Troemner killed her then boyfriend, Trevor Smith, she then testified and her attorneys put on a week or so worth of testimony, including experts, that argued she was justified due to hear fear of Mr. Smith. That’s usually about where a case would normally wrap up, but the State has now spent a about a week on their rebuttal case. The have put on their own expert testimony countering the battered spouse claims, and testimony from friends and family that counter Troemner’s claims that Smith was abusive and controlling. The state countered with evidence that Troemner was jealous, and introduced test messages support their theory. Troemner testified the other day that Smith hulked out with rage, and the investigating officer saw a door that had been broken from its hinges, and it was determined he had a blood alcohol level over .300.

The State rested yesterday afternoon, and closing arguments will being this morning. The State is pushing for second degree murder, and the Defense is claiming that she should be acquitted under justifiable use of force (self defense). The jury could find her guilty as charged, which would mean up to life in prison, they could find her guilty of a lesser, such as manslaughter, which would likely result in a shorter prison sentence, or they could find her not guilty. After nearly a month-long trial, the jury may be out for a while, but a resolution is nearly at hand.

Two Interesting Murder Cases in Trial in SWFL Right Now

Court watchers have a couple of choices as 2018 gets underway. Two major murder trials have started in Lee and Collier Counties, and that’s after the former Naples Officer was acquitted at trial last week.

Placido Moreno-Torres

In Fort Myers, the trial of Placido Moreno-Torres started yesterday: he’s on trial for murder for a 2016 incident in Lehigh Acres where he shot his wife and the neighbor who tried to intervene in their domestic dispute. It will be an interesting case, as he is likely to claim self-defense, because the neighbor came onto his property trying to break up the altercation, and only then did he retrieve the firearm. He will claim self-defense (and previously filed a stand your ground motion that was denied), but he has an uphill battle if he brought a gun to a fistfight. He is also charged with attempted murder, because after he shot the neighbor and his own wife, he held the gun to his neighbor’s sister’s head and tried to shoot her, only to have the gun misfire. There’s no self-defense argument there. He faces life in prison with a 25-year minimum under 10-20-Life. NBC-2’s Jaclyn Bevis is in the courtroom with live coverage on Twitter.

Lisa Troemner

In Collier County, jury selection is underway for Lisa Troemner who is charged with killing her live-in boyfriend at their Marco Island apartment in 2014. They had apparently been arguing for a while, when it became physical, and she stabbed him. She tried to resuscitate him unsuccessfully, then went to a nearby convenience store to summon help. Again, self-defense is likely to be argued here. Also, a review of the court file indicates the Defense has sought the assistance of a false-confessions expert to challenge her statement, a blood spatter expert, presumably to challenge the findings at the crime scene. The case has been going on for more than three years, including an appeal of some matter while it was pending. She has been in custody the whole time, and is facing life in prison. There are some 150 witnesses listed, and the trial will take weeks, maybe five or more. Patrick Riley from the Naples Daily News is on this one, and has been tweeting from the courtroom as well.

Beauty Queen Exonerated by Stand Your Ground Law

Vanessa Barcelo, the 2017 Miss Miami Lakes that competed in the Miss Florida pageant, had been charged with battery from an incident that occurred at a party at her home several months ago. She hosted a party to promote her baking business, One Love Cakes, and her cousin over-indulged. She and other party-goers became concerned that the DJ was going to take advantage of the cousin, and grouped together to escort him out. That’s when the real trouble started…

Vanessa Barcelo, via facebook

Barcelo said she took an aluminum baseball bat and brandished it to intimidate the DJ, though she never touched him. She says he proceeded to grab the bat out of her hand and swing it around, before he handed it to a community security guard. A friend of Barcelo’s then struck the DJ, knocking him to the ground, at which point Barcelo jumped on top of him and slapped him. She testified in court that she did not know if he still had the bat, and she was afraid for herself and her guests. The court found her actions to be reasonable, and dismissed the battery charges against her.

Florida’s Stand Your Ground law gives the Defendant a chance to have their charges dismissed at a hearing prior to having to go to trial. Governor Scott recently signed a new law that shifts the burden to the State to demonstrate they are justified in going forward at that hearing, a change opposed by prosecutors, for obvious reasons. A judge in Miami found the law change to be unconstitutional, but that won’t affect other cases until it is subject to appellate review.

Florida Legislature Agrees on Stand Your Ground Changes

As the legislative session neared a close last week, the Florida House and Senate reached a compromise to a bill that substantially changes the Stand Your Ground Law in Florida. The new law would shift the burden from from the Defendant to the prosecutor at the pretrial hearing to prove that the case is strong enough to proceed against the Defendant. If Governor Scott signs the bill, the burden will no longer be on the Defendant at the ‘Stand Your Ground Hearing’.

Though both the House and Senate agreed that they wanted to put the burden on the prosecutor for the pretrial hearings, it wasn’t until the last day of session on Friday that both houses came to a compromise on what that burden should be. The Senate was pushing for a beyond a reasonable doubt standard, while the House position to use a clear and convincing standard ultimately won out. The bill will now go to Governor Scott’s desk to sign before it becomes law. It is expected he will sign it, as the bill garnered widespread Republican support in both houses of the legislature.

What does this change mean? The original ‘Stand Your Ground’ law, among other things, created a right of immunity from prosecution for people who use justifiable force to defend themselves. Unfortunately, the legislature did not clearly establish a procedure for determining when immunity was appropriate, that is, how do you know when force is justified so that a person cannot be prosecuted. Over the next 12 years, the courts formulated a procedure whereby a hearing would be held prior to the case going to trial. The courts put the burden on the Defendant to demonstrate that he was immune from prosecution.

The legislature has now essentially said, hey wait: the burden is on the state to prove a case. We didn’t establish immunity to burden the Defendant, or to remove the burden from the State… we created it to protect those who used force to defend themselves. This new law, if it is signed by the Governor, will put the burden on the prosecutors to demonstrate by clear and convincing the likelihood that the defendant was not justified in using force before they can put the defendant to trial (where they will still have the burden beyond and to the exclusion of every reasonable doubt).

While there was strong support for the bill, there was opposition from anti-gun activists, as well as from many prosecutors. The opposition from prosecutors may seem surprising from a generally conservative profession, but this bill directly affects them by making it more difficult to prosecute cases where use of force will be raised as a defense. It has been speculated that prosecution costs will rise, but the other effect of the bill may be to discourage prosecutors from proceeding on cases they are less likely to win. The cost may end up being a wash when all the factors come to bear, but only time will tell. In the meantime, this bill will definitely help people who claim justifiable use of force.

Tampa Theater Shooter Loses Stand Your Ground Hearing

Curtis Reeves

In the last month, a circuit court in Tampa held a Stand Your Ground hearing on the case of Curtis Reeves, a retired police officer. Reeves shot and killed a man named Chad Oulson after a heated argument in a movie theater. There is some dispute about the factual details, but the general case is based on an argument that began verbally, but became physical. The two exchanged words, and at some point, Oulson snatched a bag of popcorn out of Reeves’ hand, and threw it back at him. Defense lawyers allege that he also threw a phone at Reeves. Reeves pulled out a handgun and shot Oulson: CNN has the surveillance video of the incident.

The court held about two weeks of testimony. In her ruling, the judge found some of Reeves’ testimony to be contradicted by the evidence, and questioned his veracity. Under the current iteration of the Stand Your Ground law, the burden is on the Defendant to prove up his motion, but that could be changed down the road. Reeves can still argue that he was justified in defending himself to a jury, if he can convince them that he reasonably thought he was in fear of death or great bodily harm. Generally speaking, that’s hard to show when the other party is unarmed… Reeves brought a gun to a popcorn fight. Given that he’s in his 70s, I fully expect this case to end up going to trial, though it could still be a while.

 

Dramatic Footage Released from Waffle House Shooting in Fort Myers

Dakota Fields, the deceased

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.