Terry Fixel: "Stand-Your-Ground" Appeal Fails for Football Fan

NEW YORK, NY, September 05, 2012 (Press-News.org) In the state of Florida, individuals may use deadly force in acts of self-defense prior to retreat under the state's "stand your ground" law. This is unique in that most states require individuals retreat from an attack before defending themselves with deadly force.

Florida-based attorney Terry Fixel explains the "stand your ground" law. "It is a fact-intensive determination of whether a person 'who is not engaged in an unlawful activity and who is attacked in any other place where he or she has a right to be has no duty to retreat and has the right to stand his or her ground and meet force with force, including deadly force if he or she reasonably believes it is necessary to do so to prevent death or great bodily harm to himself or herself or another or to prevent the commission of a forcible felony.' "

An article in The Washington Post reports Edward Mederos recently lost his "stand-your-ground" appeal. Mederos, a federal immigration agent, is accused of using his government-issued knife to stab a rival football fan. The incident occurred in Tallahassee, just outside Florida State University's football stadium, in 2009.

Mederos alleged he used the knife in self-defense to protect his friend, also a federal agent in the Bureau of Alcohol, Tobacco and Firearms, from the fan. Mederos and his friend were at the game to support the University of Miami's football team. The alleged victim supported the Florida State Seminoles.

Terry Fixel explains, "Stand your ground" is not intended to authorize anyone jumping into the fray to defend someone else and expect to be automatically exonerated.

A trial judge previously disallowed Mederos' pretrial claim of immunity under the "stand your ground" law. More recently, a three-judge panel of the 1st District Court of Appeal rejected the appeal. Mederos faces charges of aggravated battery with a deadly weapon.

"Stand your ground" is also the law George Zimmerman sought protection under when attempting to have second-degree murder charges dismissed. Zimmerman is the neighborhood watch volunteer accused of shooting 17-year-old Trayvon Martin to death.

ABOUT:

Terry Fixel is an attorney with over 30 years of experience. Focused on family law, Terry handles cases surrounding matters of child custody, divorce, domestic violence and paternity litigation. Based in Hollywood, Florida, she also handles appellate cases. Terry earned her degree and the University Of Miami School Of Law. She is a "Member in Good Standing" with the Florida Bar, and she has served her Florida community since 1979.