A retired Florida police captain who shot and killed a man in a movie theater will face a second-degree murder charge after a judge ruled that the state’s "stand your ground" law does not apply in this case.
Circuit Judge Susan Barthle rejected the argument that Curtis Reeves killed Chad Oulson in self-defense, the Tampa Bay Times reported.
"Because the defendant's testimony was significantly at odds with the physical evidence and other witness testimony, this court has considerable doubts about his credibility," Barthle wrote.
Barthle's order followed a two-week hearing that ended March 3. The defense argued that Oulson attacked Reeves, a former Tampa police officer, throwing a cell phone and a bag of popcorn at him, after Reeves asked him to turn off his cell phone during movie previews.
Reeves and his wife, Vivian, attended the theater to view “Lone Survivor” in the Tampa suburb of Wesley Chapel on Jan. 13, 2014, and sat in the back row, directly behind Chad and Nicole Oulson, the Times reported.
Surveillance footage shows Oulson grabbed a bag of popcorn and threw it at Reeves' face. An instant later, Reeves drew a gun from his pocket and fired, the Times reported.
In the surveillance video, the closest Oulson ever comes to Reeves is when he grabs the popcorn and throws it, the judge wrote.
Prosecutors said the judge's order was simply a step in a long process.
"I don't know if I'd characterize it as a win," Assistant State Attorney Manny Garcia told the Times. "I'd characterize it as a hurdle we got over."
If the appeals court affirms the judge's ruling, both sides will prepare for a trial, where a jury would decide whether Reeves fired in self-defense or if he is guilty of second-degree murder and aggravated battery, the Times reported.
The defense could still cite "stand your ground" before a jury.
The law says a person has no duty to retreat and can use deadly force if he or she fears death or great bodily harm.
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