A Miami-Dade appeals court has agreed with a man's claim of immunity under Florida's "stand your ground" law in the 2008 shooting deaths of two men outside a restaurant.
In a decision Thursday, the court ordered that murder charges against Gabriel Mobley be dismissed. Third District Court of Appeals Judge Linda Ann Wells wrote in the 2-1 opinion that Mobley acted reasonably because the slain men were the aggressors even though they were unarmed.
"The shooting at issue did not occur in a vacuum," Wells wrote. "Mobley did not shoot two innocent bystanders who just happened upon him on a sidewalk."
The shootings happened after an argument in which one of Mobley's friends was punched. Mobley, who had a concealed weapons permit, testified that he thought one man had a weapon and that he was frightened.
Miami-Dade prosecutors tell The Miami Herald ( http://hrld.us/1g4t6Fg ) that they will appeal the decision..
"This is what is so frustrating about the way the law is structured," said Miami-Dade Chief Assistant State Attorney Kathleen Hoague. "It is devastating for the victims' families. They never get to have their day in court before a jury."