Florida: Expansion of the Self Defense Immunity Law and why we need it across the nation.
The new law, (as usual improperly labeled Stand your Ground Extension by the Media) shifted the Burden On Proof from the Defendant to the Prosecutor. Now, why I support this bill and why I wish it spreads like wildfire across the nation? Because cases like this, please pay attention to the dates and the details:
Abilane, Texas, June 12, 2017.
Judge Thomas Wheeler of the 350th District Court signed an order Monday dismissing a murder charge against an Abilene man accused of fatally shooting his roommate in April 2015. Dan Joiner, a Taylor County assistant district attorney, filed the motion Monday because of a lack of evidence that the killing was done with malice. Brian Andrew Fogiel, 26, claimed from the time he called 911 in April 2015 that he shot his roommate Raphael Oladapo Oloyede in self defense, said Taylor County District Attorney James Hicks. On the call, he said, Fogiel says he was defending himself from being attacked with a beer bottle.
Source: Murder charge dismissed against Abilene man
OK, so far so good, what’s next? You are gonna love this:
“We came across some information that corroborates his claim of self defense,” Joiner said. Hicks said during witness preparation that Joiner discovered one of the first police officers on the scene found Oloyede had a beer bottle in his hand turned upside down like a weapon. The beer bottle was found right by the gun. “Throughout the investigation, we were under the impression Mr. Fogiel had just shot without reason his roommate,” Hicks said.
Wait, what?
With this new evidence, he said, he cannot proceed with prosecuting Fogiel.”Ethically speaking, you can’t proceed to trial in a situation where all of the evidence points to the fact that the accused used self defense, and we have no evidence to disprove that because that is our burden to prove,”
Ladies and gentleman, this case was not just being investigated, a trial date had been set to begin nailing Fogiel with a long prison term. You would think that if a District Attorney is OK with going to trial, he has done his due diligence, has all evidence and testimony checked and ready. But no, just before the trial was to start, was the only time the somebody in the DA office said “You know Mildred, why don’t you go get me the box of the Fogiel case so I can check it out. I do believe the trial is coming in the next couple of weeks and we need to get ready. Oh crap, there might evidence there that proves the guy is innocent after all… well golly!”
And they tout themselves as ETHICAL. That pisses me off.
But it was ethical not to do your job, not to collect and revise the evidence and testimony on time, it was ethical to charge an innocent man with murder and even set trial dates that you then asked to be delayed. You basically fucked up this young man’s reputation and froze his life for two years because you could. And somehow we have to admire your pimple-sized fake ethics? And we are supposed to accept you saying “Oops! My bad” in cheap legalese?
The American Bar Association in its General Standards for Prosecutors states:
“The duty of the prosecutor is to seek justice, not merely to convict.”
Obviously this district attorney’s office failed to do so and we have seen the same happening with other Self-Defense cases.
And that Ladies and gents is why I support the Expansion of the Self Defense Immunity.