Self Defense In Florida Does Not Necessarily Stop When the Culprit Flees:
copyright 2020 by jon gutmacher
There have been some unusual, and very important appellate cases involving Florida self defense issues so far this 2020. The one I’d like to write about now is Bouie v. State, 45 Fla. L.Weekly D415 (Fla. 2DCA 2/26/2020). The facts, developed at a “Stand Your Ground” pre-trial hearing were: Bouie’s brother and pregnant girlfriend were in their vehicle, when another car began following them. The driver was Mr. Favors, an individual who the brother had continuing serious violent conflicts with. A high speed chase eventually allowed the brother to elude Favors, but Favors caught up to the brother at a red light and allegedly got out of his vehicle approaching the brother’s door with what appeared to be a gun. The brother hit the gas, and managed to escape, seeking refuge at his mother’s home. Mr. Bouie, his brother, was at the home, and was told about the harrowing chase. After a short time both left the home in different vehicles. The brother testified Favors was waiting for him in a grass area with his lights off, and came straight at his vehicle. The brother managed another escape, and while being chased spied Bouie’s truck in a shopping center parking lot, and parked behind it. A few seconds later Favors car pulled up, door to door with the brother’s vehicle, got out with a black object in his hand, and began banging on the window of the brother’s car. At that point Bouie got out of his truck with his gun, firing twelve rounds at Favors, including continuing to fire when Favors ran and ducked under his own car for cover. Bouie said he feared for his brother’s life the entire time. Of course, Favors (who was shot six times) managed to survive, and denied everything saying that the brother was the real aggressor. Bouie was charged with attempted second degree murder, aggravated battery, and shooting at an occupied vehicle.
The trial judge denied the SYG hearing finding that Bouie initially prevoked the confrontation per F.S. 776.041; and that his continued shooting when Favors tried to flee was unlawful, and occurred at a point AFTER it was reasonable for Bouie to believe there was still an imminent threat. The appellate court reversed. Here’s why:
The appellate court said first – that F.S. 776.041 (ie: initial aggressor not entitled to SYG self defense) does not apply to individuals who are defending another person rather than themself due to the statutory wording. In those situations, the only question is whether the defender had a reasonable belief that death or great bodily harm was imminent to the person they are trying to defend, that they are in a place they have a right to be, and they are not engaged in criminal conduct. Here, the appellate court held the State’s case lacked substantial evidence to refute Bouie. Moreover, and probably the most important part of the case for most lawful gun owners: the appellate court held that Bouie’s continued shooting at Favors while Favors was trying to flee did not, by itself, negate the assertion that the continued shooting was reasonable. The appellate court holding:
“An armed man can continue to pose a threat of death or great bodily harm even when he is seeking cover behind or inside a car”
and that nothing in the record shows that “Mr. Favor ceased to pose that threat after diving in front of his car”. In order to do that – the State would have to submit substantial believable evidence that Bouie did not have a reasonable belief the threat still existed.
So, while the Bouie case is full of other really important legal uses for your lawyer, the critical point for me – and why I have written this – is the clear holding that just because a person is fleeing does not, per se, mean they are not a continuing threat – especially if there is a reasonable belief they continue to be armed with a firearm. On the other hand, in my opinion, had it been thought a knife, or other implement – the case might have gone the other way. Hope that helps!
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