Florida ‘stand your ground’ law may not apply in AJ Owens shooting. Here's why

Brandon Girod, Pensacola News Journal
·4 min read
22

Florida’s controversial “stand your ground” law is once again at the center of a case that has received national attention after a Florida mother was fatally shot through the front door of her neighbor’s home as she stood next to her 9-year-old son in Ocala on Monday.

Ajike Owens, 35, was shot and killed after she went to her neighbor’s home, who had earlier yelled at Owens' children as they played nearby and threw a pair of skates that hit one of them, the Associated Press reported.

The shooting was the culmination of an ongoing 2-plus-year feud between the two women, resulting in at least a half dozen visits from deputies.

The shooter, who has since been identified as Susan Louise Lorincz, 58, was arrested Tuesday and charged with manslaughter with a firearm, culpable negligence, two counts of assault and battery, according to the Marion County Sheriff’s Office.

Florida woman who shot AJ Owens arrested Woman arrested in fatal shooting of Black neighbor, a mother of four, Florida sheriff says

Detectives stated that upon further review of the case, they felt Lorincz had no grounds to protect herself under Florida’s “stand your ground” provision, which was used to acquit George Zimmerman of second-degree murder and manslaughter after he killed Trayvon Martin in 2012 in Sanford.

Owens’ death is the latest in a series of similar high-profile shootings across the nation involving a teen who was shot for ringing the wrong doorbell, a child and her parents that were shot after chasing a ball into a neighbor’s yard and a 20-year-old woman shot for pulling into the wrong driveway.

Florida’s “stand your ground” law is simple, which leaves it open to interpretation that relies heavily on the context under which a shooting occurred. Here’s what you should know.

What is Florida’s ‘stand your ground’ law?

Florida’s “stand your ground” law is covered in Florida Statutes Chapter 776, section 776.013. It permits a person inside a dwelling or residence to stand their ground and use deadly force if they believe it is necessary to prevent imminent death, great bodily harm or to prevent a forcible felony.

How is ‘stand your ground’ different from the castle doctrine?

The castle doctrine and Florida’s “stand your ground” law are similar ideas but differ in one area: Florida’s law doesn’t require a duty to retreat. While the castle doctrine states people have a duty to retreat rather than use deadly force in public spaces, Florida’s law has no such requirement.

While most states have laws that provide civil immunity under certain self-defense circumstances, Florida is among at least 28 other states that allow no duty to retreat from an attacker, according to the National Conference of State Legislatures.

AJ Owens shooting: Protestors demand justice for Ocala mom who was shot, killed in front of her kids

When does Florida’s ‘stand your ground’ law permit deadly force?

Justifiable use of force isn’t without its stipulations, of course. In a "stand your ground" case, the aggressor must be in the process of unlawfully and forcefully entering the dwelling or have already entered the dwelling.

The provision also applies if the aggressor is unlawfully and forcefully attempting to remove the person protecting themself from a dwelling, residence or occupied vehicle, or if they have already removed them.

When does Florida’s ‘stand your ground’ law not apply?

The above presumptions do not apply if:

  • Deadly force cannot be used against a person if they have the right to be in or are the lawful resident of the dwelling, resident or vehicle (such as an owner, lessee or titleholder), and there is not an injunction for protection from domestic violence or written pretrial supervision order of no contact against that person.

  • Deadly force cannot be used if the person is a child or grandchild, or is otherwise in the lawful custody or guardianship of the person the deadly force would be used against.

  • Deadly force cannot be used to engage in criminal activity, or if they are using the dwelling or vehicle for further criminal activity.

  • A person cannot use deadly force against a law enforcement officer who enters or attempts to enter a dwelling, residence or vehicle in the performance of their official duties and the officer identified themself following any applicable law. This also applies if the person should have known the person entering or attempting to enter was a law enforcement officer.

  • Deadly force cannot be used against a person who was intentionally provoked, or if they are attempting to flee from a confrontation, as outlined in Florida Statutes 776.041.

Does Florida’s ‘stand your ground’ law apply in public spaces?

Yes. Florida Statutes 776.012 allows a person to use deadly force within the contexts outlined above, provided they are not engaged in criminal activity and are in a place they have a right to be.

Unlike the castle doctrine, Florida law does not say people have a duty to retreat to defend themselves.

This article originally appeared on Pensacola News Journal: Floridas' ‘stand your ground’ may not apply in shooting of Ocala mom