Stewart Murder Trial: Stand Your Ground Defense or Senseless Death?

General Criminal Defense

11/4/2010
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Stewart Murder Trial: Stand Your Ground Defense or Senseless Death?

Sean Stewart, 37, of Land O’Lakes Florida is on trial this week for the death of his childhood friend, James Baisden.  On December 2, 2007, an altercation took place between the two men.  Stewart claims that he was beaten unconscious by Baisden over his guns.  He was knocked unconscious and when he woke up, went to his truck, retrieved a .22 caliber pistol from inside, and confronted Baisden.  When Baisden charged at him, Stewart fired twice.  When he was being driven to jail, Stewart informed a detective that he was invoking the “stand your ground law” in his defense.

The stand your ground law was passed in 2005 when Jeb Bush was Governor of Florida.  It states that people do not have a duty to retreat.  Rather, they can meet force with force when they are being threatened. 

Stewart was charged with second-degree murder and aggravated assault and is on trial this week.  He faces a maximum of life in prison if he is convicted.

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