A three-judge panel of the 2nd District Court of Appeal denied Donald Montanez's request to overturn a ruling that he can be prosecuted despite the state's Stand Your Ground law.
The law, adopted in 2005, says people don't have to exhaust all avenues of retreat before using deadly force to defend themselves.
Montanez faces second-degree murder and other charges in the death of Glen "Chuck" Rich.
In a seven-page opinion issued Wednesday, Appellate Judge Robert J. Morris supported Foster's analysis.
"It was clear from the record that at the time Montanez fired the shot, the vehicle was passing him," Morris wrote. "Thus we are not persuaded that he was still in the zone of uncertainty such that he was entitled to discharge the weapon in self-defense."
Montanez's attorney, Jay Hebert, said he and his client were "deeply disappointed."
Hebert said they will weigh their legal options. He said they could ask the appeals court or Foster to clarify their decisions.
The shooting occurred about 5 a.m. Jan. 8, 2006.
Reporter Tom Brennan can be reached at (813) 259-7698.
Saturday, January 9, 2010
FL Towing Co. Owner Must Stand Trial For Fatal Shooting
Here's the Tampa Bay Online story:
Posted by Cyndi Kight, Associate Editor of Towing & Recovery Footnotes at 7:18 AM