I first learned about this particular Stand Your Ground case on Twitter from Stacie Mc-Whitaker, cousin of victim Gary Hembree who was killed. (@StacieMcWhitake AND @SygTriggers) also Gary's sister Christina Cipollone @Crissie79 and Gary's Mother Jeanie Huppert @Jeanie_Meother)
All information is linked to its source, or I state that I got information undocumented from Stacie.
Shooter William Woodward
VICTIMS Gary Lee Hembree, Roger Picior and Bruce Timothy Blake
If Woodward wins at the pretrial stand your ground hearing, there will be no trial for first-degree murder. He will not be prosecuted and will be released from jail. page 2 end of article
William Woodward ""snuck up on a Labor Day barbecue and opened fire at about 12:30 a.m. on Sept. 3, 2012. Police arrived and found VICTIMS Gary Lee Hembree, Roger Picior and Bruce Timothy Blake all had been shot. Hembree and Picior died of their injuries. Blake, who was hit 11 times, survived. The motion filed by Woodward’s attorneys says in the hours prior to the shooting, all three men were yelling at Woodward and that this type of behavior had been ongoing for over a month."" link
Woodward's own security camera captured the shots. link
VIDEO of shots fired link
VIDEO of shots with News Commentary link
VIDEO News Story Woodward faces judge link
William Woodward is a veteran and is the 44-year-old brother of Titusville fire Chief Michael Woodward. link
Stacie tells me his father is a retired Brevard County Sheriff, and his sister-in-law is the personal assistant to the chief of police.
Woodward had been the target of a variety of threats and “exercised his right under Florida law to defend himself and his family that night.” link
Things escalated to gunfire just after midnight Monday -- Hembree's ex-wife says Woodward accused their daughter of stealing some items from his carport. Police say they have responded to disputes between the suspect and victim several times, even offering a neutral site for discussion at the police department. The disputes even landed them in court, but no injuctions were given to either party. link
Court Case information
STAND YOUR GROUND HEARING----Attorney asks JURY not JUDGE to rule on SYG
Sept 25th Stand Your Ground Hearing in Woodward Case link here
Woodward's Attorney argued in court today that a jury should decide whether his client's charges should be dismissed under Florida's Stand Your Ground law. Judge Morgan Reinman said she would decide on or before November 20, but Woodward's attorney anticipated that her decision would be appealed either way.
Woodward’s attorneys had filed a motion saying he had been the target of a variety of threats and “exercised his right under Florida law to defend himself and his family that night.”
Friends and Family Protest Stand Your Ground Claim link here
Friends and family of Gary Hembree protested outside the Brevard County Courthouse, waving signs and calling for justice Wednesday.
The protests came before a hearing for William Woodward, who is seeking a "stand your ground" hearing.
"It's awful, it's awful... The family's not the same without Gary," Hembree's mother Dorothy Huppert said.
"It's beyond craziness now… I don't get it," Blake said.
Blake said he's angry Woodward's attorney is looking for a "stand your ground" hearing.
Woodward's attorney doesn't want a typical "stand your ground" hearing with the judge ruling. He wants a separate trial with jurors deciding if he should stand trial for the shootings.
@SYGTriggers Stands for SYG T.R.I.G.G.E.R.S. (Threatens to Redefine Imminence, and GAIN Ground w/the Evolution of Rights and Safety)
Stacie says ""SYG triggers fear and anger. SYG triggers violence & retaliation""
Stacie also says that William Woodward claimed PTSD but fell off a ladder in Japan and never served outside the wire---he was a file clerk---I have found no supporting documentation at this time---I will update when I have more information.
Jonathon Turley Blog article about the case http://jonathanturley.org/2013/09/07/good-for-goose-and-gander-or-just-foul-play-the-bush-doctrine-redux/
EXAMINING STAND YOUR GROUND LAW
Justifiable Homicide in Self Defense (Stand Your Ground ""no retreat"" NOT NECESSARY)
Wikipedia link
FLORIDA LAW link
http://en.wikipedia.org/wiki/Stand-your-ground_law
http://progresstexas.org/blog/alecs-stand-your-ground-law-passed-texas-2007
Bill detail Florida State link
Justifiable Homicide Rises after Stand Your Ground law passes link
FLORIDA STAND YOUR GROUND DATABASE
http://www.tampabay.com/stand-your-ground-law/
MY OTHER Stand Your Ground Blog Post link here
Law was meant to protect TOURISTS as well as residents of Florida says lawmaker link
Stacie tells me his father is a retired Brevard County Sheriff, and his sister-in-law is the personal assistant to the chief of police.
"We have a pattern of behavior of constant threats to Mr. Woodward and his family, some of them quite graphic, and including threats to sodomize and rape his 12-year-old daughter," said Woodward's lawyer, Greg Eisenmenger link
(OK so how exactly is an accusation of theft become Stand Your Ground?? Answer?? THE BUSH DOCTRINE!!!)
The stand your ground motion Woodward's attorneys filed in court says Woodward didn't have to wait for anyone to point a gun at him. In fact, the motion quotes United States policy in killing international terrorists, saying, in effect, if the U.S. can kill terrorists with drones, Woodward can shoot his plotting, threatening neighbors.
The motion will force a judge or jury to decide whether Woodward stood his ground. link
Stand Your Ground becomes Bush Doctrine (preemptive strike)
It cited the "Bush Doctrine" to justify Woodward's response to the perceived threats, referring to George W. Bush's concept of waging pre-emptive war against potential threats before they metastasize into imminent threats. “I think legally that term has sort of been evolving especially given changes of our government’s definition of ‘imminent,’” Robert Berry, one of the attorneys representing Woodward, told Florida Today. “It’s become more expansive than someone putting a gun right to your head. It’s things that could become, you know, an immediate threat.” link
The motion will force a judge or jury to decide whether Woodward stood his ground. link
The documents describe how investigators said Woodward went into full military mode while carrying out the attack.
According to documents, Woodward fired 31 rounds. WFTV learned there is surveillance video that shows Woodward crawling on his belly to the first neighbor's house. In the video, a victim can be heard calling Woodward a "plastic G.I. Joe" before he was shot.
Woodward told police after the shooting he considered himself on a "mission" and that he was in "a war zone," according to documents. link
According to documents, Woodward fired 31 rounds. WFTV learned there is surveillance video that shows Woodward crawling on his belly to the first neighbor's house. In the video, a victim can be heard calling Woodward a "plastic G.I. Joe" before he was shot.
Woodward told police after the shooting he considered himself on a "mission" and that he was in "a war zone," according to documents. link
Man cites Bush Doctrine in Stand Your Ground Murder link
Victim who survived shooting (shot 11 times) OUTRAGED over Stand Your Ground claim link
shooter denied bond link
Case Information
Case Charges
Court Case information
Charges Filed
STAND YOUR GROUND HEARING----Attorney asks JURY not JUDGE to rule on SYG
Sept 25th Stand Your Ground Hearing in Woodward Case link here
Woodward's Attorney argued in court today that a jury should decide whether his client's charges should be dismissed under Florida's Stand Your Ground law. Judge Morgan Reinman said she would decide on or before November 20, but Woodward's attorney anticipated that her decision would be appealed either way.
Woodward’s attorneys had filed a motion saying he had been the target of a variety of threats and “exercised his right under Florida law to defend himself and his family that night.”
Friends and Family Protest Stand Your Ground Claim link here
Friends and family of Gary Hembree protested outside the Brevard County Courthouse, waving signs and calling for justice Wednesday.
The protests came before a hearing for William Woodward, who is seeking a "stand your ground" hearing.
"It's awful, it's awful... The family's not the same without Gary," Hembree's mother Dorothy Huppert said.
"It's beyond craziness now… I don't get it," Blake said.
Blake said he's angry Woodward's attorney is looking for a "stand your ground" hearing.
Woodward's attorney doesn't want a typical "stand your ground" hearing with the judge ruling. He wants a separate trial with jurors deciding if he should stand trial for the shootings.
Quote from Stacie Mc-Whitaker, cousin of victim Gary Hembree "How can you be standing your ground when you're crawling on your belly."
Stacie says ""SYG triggers fear and anger. SYG triggers violence & retaliation""
Stacie also says that William Woodward claimed PTSD but fell off a ladder in Japan and never served outside the wire---he was a file clerk---I have found no supporting documentation at this time---I will update when I have more information.
Jonathon Turley Blog article about the case http://jonathanturley.org/2013/09/07/good-for-goose-and-gander-or-just-foul-play-the-bush-doctrine-redux/
EXAMINING STAND YOUR GROUND LAW
Justifiable Homicide in Self Defense (Stand Your Ground ""no retreat"" NOT NECESSARY)
Wikipedia link
FLORIDA LAW link
782.02 Justifiable use of deadly force.—The use of deadly force is justifiable when a person is resisting any attempt to murder such person or to commit any felony upon him or her or upon or in any dwelling house in which such person shall be.
History.—ss. 4, 5, ch. 1637, 1868; RS 2378; ch. 4967, 1901; s. 1, ch. 4964, 1901; GS 3203; RGS 5033; CGL 7135; s. 66, ch. 74-383; s. 1, ch. 75-24; s. 45, ch. 75-298; s. 1197, ch. 97-102.
782.03 Excusable homicide.—Homicide is excusable when committed by accident and misfortune in doing any lawful act by lawful means with usual ordinary caution, and without any unlawful intent, or by accident and misfortune in the heat of passion, upon any sudden and sufficient provocation, or upon a sudden combat, without any dangerous weapon being used and not done in a cruel or unusual manner.
http://en.wikipedia.org/wiki/Stand-your-ground_law
http://progresstexas.org/blog/alecs-stand-your-ground-law-passed-texas-2007
Bill detail Florida State link
Justifiable Homicide Rises after Stand Your Ground law passes link
FLORIDA STAND YOUR GROUND DATABASE
http://www.tampabay.com/stand-your-ground-law/
MY OTHER Stand Your Ground Blog Post link here
Law was meant to protect TOURISTS as well as residents of Florida says lawmaker link
FLORIDA STAND YOUR GROUND TEXT link discussion
776.013 Home protection; use of deadly force; presumption of fear of death or great bodily harm.—
Section (3) A person who is not engaged in an unlawful activity and who is attacked in any other place where he or she has a right to be has no duty to retreat and has the right to stand his or her ground and meet force with force, including deadly force if he or she reasonably believes it is necessary to do so to prevent death or great bodily harm to himself or herself or another or to prevent the commission of a forcible felony.
776.041 Use of force by aggressor.—
The justification described in the preceding sections of this chapter is not available to a person who:
(1) Is attempting to commit, committing, or escaping after the commission of, a forcible felony; or
(2) Initially provokes the use of force against himself or herself, unless:
(a) Such force is so great that the person reasonably believes that he or she is in imminent danger of death or great bodily harm and that he or she has exhausted every reasonable means to escape such danger other than the use of force which is likely to cause death or great bodily harm to the assailant
Longer Discussion on Stand Your Ground link here
States with Stand Your Ground law August 2013 article link
Separate and apart from the case that has drawn the nation’s attention, it’s time to
question laws that senselessly expand the concept of self-defense and sow dangerous conflict in
our neighborhoods. These laws try to fix something that was never broken. There has always
been a legal defense for using deadly force if – and the “if” is important – no safe retreat is
available.
But we must examine laws that take this further by eliminating the common sense and
age-old requirement that people who feel threatened have a duty to retreat, outside their home, if
they can do so safely. By allowing and perhaps encouraging violent situations to escalate in
public, such laws undermine public safety. The list of resulting tragedies is long and –
unfortunately – has victimized too many who are innocent. It is our collective obligation – we
must stand our ground – to ensure that our laws reduce violence, and take a hard look at laws that
contribute to more violence than they prevent.
To update this article, the request for SYG hearing by a JURY instead of a judge was denied in Brevard County. The decision was appealed to the Fifth District State of Appeal Court on November 26, 2013.On August 19, 2014 it was denied by the Fifth District State of Appeal Court. On September 2, 2014, a Motion For Rehearing EN BANC was filed and on September 22, 2014 an Order to Deny Rehearing En Banc was decided. Woodward's next docket sounding is December 17,2014 in Brevard County BUT, the SYG by the JUDGE will be heard prior to the docket sounding.
ReplyDeleteThe Stand your ground hearing is scheduled for April 27, 2015. The judge asked for 5 days for this hearing.
ReplyDeleteThe Defense attorney has appealed to the United States Supreme Court for a JURY not JUDGE to hear the SYG trial on April 27, 2015. A decision is suppose to be made by January 16, 2015 so Hopefully this was change the date for the SYG trial
ReplyDelete