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Self-defense law gets man released from jail SHOOTING: Judge rules a man's actions were justified
heraldtribune.com ^ | 10 November, 2010 | Todd Ruger

Posted on 11/11/2010 5:05:46 AM PST by marktwain

ARASOTA COUNTY - Gunfire erupted on a Newtown street in May, leaving Patrick Barbour dead on the road and Alphonse Gallo in jail facing a murder charge and the possibility of life behind bars.

But a judge listened to the details of the killing and ruled that Gallo, 35, should not be prosecuted for murder because of Florida's stand-your-ground law, which allows people to use deadly force to defend themselves.

Gallo was released from jail last month, the first Sarasota County murder defendant to win immunity under the 2005 law allowing people to use deadly force to defend themselves without retreating.

"All of his actions were made in response to a reasonable fear of imminent death or great bodily harm," Senior Circuit Judge Stephen Dakan wrote in a ruling.

Gallo testified that Barbour and several other men confronted him May 15 near the intersection of Martin Luther King Jr. Way and Pershing Avenue about 2:30 a.m. The two had a minor fight about 30 minutes earlier.

Gallo testified that Barbour, 24, threatened to rob him and then pulled a handgun from a pocket.

Gallo, who had a concealed weapons permit to carry a handgun, said he drew his own gun and fired at Barbour three times.

The shots ignited a flurry of gunfire between Gallo and the men there with Barbour. Gallo testified he ran and crouched behind a car, then looked back at Barbour and saw the wounded man raising his pistol at him. Gallo fired four more shots at Barbour.

Gallo ran for his van with shots still being fired in his direction.

"Defendant was under fire from that first shot until he was able to escape in his van," Judge Dakan wrote.

Prosecutors and police had a different version. One witness told police Gallo stood over Barbour's wounded body while shooting toward the other men. She said Gallo walked over Barbour and fired the fatal shots, then ran away. And she said Barbour did not have a gun that night.

Prosecutors also argued that Barbour was lying down after the initial shots and was no longer a threat.

But the evidence backs up Gallo's story, Dakan ruled.

Gallo's van had several bullet holes, shells from different types of guns were found and there was ample time for people in the crowd that had gathered to take a gun from Barbour's body before police arrived, Dakan wrote.

Barbour had ingested alcohol and cocaine that night, and continuously had been the aggressor, Dakan ruled.

"It is more likely than not that defendant fired his pistol at Barbour because Barbour pulled a firearm from his pocket," Dakan wrote.

Gallo's attorney said detectives rushed into arresting Gallo 10 hours after the shooting. The police did not get Gallo's side of the story until the hearing with Judge Dakan, said Bradenton attorney Eric Reisinger.

Gallo always felt he did the right thing and defended himself. Still, he has received threats since his release.

"It's hard for me to stomach what I had to do," Gallo said in a phone interview Tuesday. "Thank God he was impartial and he listened."

Gallo is considering a civil lawsuit over the arrest but for now is just happy to be free after a 5-month jail stay that cost him his job and time with his wife and four children.

"I'm just trying to get my life back together," Gallo said.

Gallo said he has a security job lined up, but he needs his permit to carry a concealed weapon to be reinstated, which could take as long as six months.

Prosecutors said they have appealed the decision, but are not optimistic about it being overturned.

Last month in Manatee County, a jury acquitted a 39-year-old man of aggravated assault after attorneys used the Stand Your Ground law as a defense.


TOPICS: Constitution/Conservatism; Crime/Corruption; Extended News; US: Florida
KEYWORDS: banglist; carry; court; defense; fl; ground; law; stand
Remember: Criminals and their associates have no compunction about lying, and they have lots of practice at it. Picture of the perpetrator at the site. The citizen who defended himself spent five months in jail!
1 posted on 11/11/2010 5:05:51 AM PST by marktwain
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To: marktwain

Gallo is considering a civil lawsuit over the arrest...

You betcha!

The cops view is “How dare you defend yourself? You just go ahead and die and we’ll look for the bad guys....”


2 posted on 11/11/2010 5:19:44 AM PST by G Larry (When you're "RIGHT" you don't look for ways to compromise!)
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To: G Larry

The proseution should be made to pay.
Salary deductions, benefit cuts and pensions, too—they clearly had to be lying through their teeth.


3 posted on 11/11/2010 5:22:13 AM PST by Flintlock
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To: marktwain
Martin Luther King Jr. 'Way' 'Drive', 'Ave', 'Blvd', etc. Note to self; avoid these streets.
4 posted on 11/11/2010 5:28:18 AM PST by Islander7 (If you want to anger conservatives, lie to them. If you want to anger liberals, tell them the truth.)
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To: marktwain

Nothing good happens on Martin Luther King Jr Way at 2:30 AM.


5 posted on 11/11/2010 5:30:37 AM PST by 2111USMC
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To: marktwain
Prosecutors also argued that Barbour was lying down after the initial shots and was no longer a threat.

Complete failure of logic. Simply "lying down" does not make him less of a threat. Now, if he is lying there, not moving, brains and blood oozing out a hole in his forehead, and no weapon in hand, then he is no longer an immediate threat.

6 posted on 11/11/2010 5:34:30 AM PST by Niteranger68
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To: marktwain
Gallo's van had several bullet holes, shells from different types of guns were found and there was ample time for people in the crowd that had gathered to take a gun from Barbour's body before police arrived, Dakan wrote.

Police did not perform tests for powder residue on Barbour's hands?

7 posted on 11/11/2010 5:35:38 AM PST by PapaBear3625 ("It is only when we've lost everything, that we are free to do anything" -- Fight Club)
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To: PapaBear3625

I am Tyler Durden!


8 posted on 11/11/2010 5:54:25 AM PST by Total Package (TOLEDO, OHIO THE MRSA INFECTION IN THE STATE and the death of freedom)
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To: PapaBear3625
Police did not perform tests for powder residue on Barbour's hands?

(Sarasota Detective) "All that fancy four-in-sick science stuff is only for the TV. We do real police work. We didn't see no gun, so there wasn't no gun."
9 posted on 11/11/2010 5:58:52 AM PST by Dr.Zoidberg (Warning: Sarcasm/humor is always engaged. Failure to recognize this may lead to misunderstandings.)
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To: Dr.Zoidberg

So “CSI” stands for Crappy Scene Inventory?


10 posted on 11/11/2010 8:13:51 AM PST by Still Thinking (Freedom is NOT a loophole!)
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To: 2111USMC

But the reporter is aptly named.


11 posted on 11/11/2010 1:55:31 PM PST by WOBBLY BOB ( "I don't want the majority if we don't stand for something"- Jim Demint)
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To: marktwain

Stand your ground bump! ;-)


12 posted on 11/11/2010 7:28:44 PM PST by Tunehead54 (Nothing funny here ;-)
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To: marktwain

Well... color me impressed with this judge.


13 posted on 11/11/2010 7:33:08 PM PST by Ramius (Personally, I give us... one chance in three. More tea?)
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