Martin authorities considering if shooting death was self-defense or 'stand-your-ground'
MARTIN COUNTY — After approaching a golf cart early Wednesday, a man brandished a gun and hit a 20-year-old with it, Martin County sheriff's officials said.
The 20-year-old swiped the gun away from the man, then shot and killed him during a fight, sheriff's investigators said.
Emiliano Agosto, 32, of Stuart, died as he was being treated at St. Mary's Medical Center in West Palm Beach, said Martin County Sheriff William Snyder.
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"We're in consultation with the State Attorney's Office. We're still tying up loose ends. But we do have a witness to corroborate that testimony," Snyder said. "Physical evidence backs up. We have some other evidence and it does appear like a classic stand-your-ground case."
So far, no charges have been filed in the case.
The Sheriff's Office did not release the name of the 20-year-old, citing his right to privacy under Marsy's law. Introduced in memory of a young woman murdered by her ex-boyfriend, Marsy’s Law was created to offer crime victims a slate of rights, including protecting them and their families from harassment.
Snyder said the 20-year-old initially reported the shooting happened during an armed robbery.
He said the 20-year-old said two men rolled up to Agosto and him, attacked them and shot Agosto in the parking lot of a Napa Auto Parts Shop in Port Salerno, which investigators later found to be false.
Blood and shell casings showed the shooting actually happened on Pine Avenue in the Hibiscus Park neighborhood of Port Salerno, investigators said.
There, Agosto confronted the 20-year-old because of a romantic relationship they were in, investigators said.
State Attorney Tom Bakkadahl said prosecutors are involved with the investigation of the shooting.
The Sheriff's Office can make the determination that a killing was an act of self-defense, but staff with the state attorneys office are always on call and will usually consult with the Sheriff's Office on whether an incident is protected under the stand your ground law, he said.
In self-defense, a person must have backed away from the threat first, except if you are inside your home. The stand your ground law does not require you to retreat. However, you must fear deadly force was necessary and that the person whom you used force against was intending to commit an act that involved force or violence, according to Florida law.
Bakkadahl said the case is still under investigation, and his staff has not determined whether it is a stand-your-ground case protected by Florida's stand-your-ground law.
Mauricio La Plante is a breaking news reporter for TCPalm focusing on Martin County. Follow him on Twitter @mslaplantenews or email him at Mauricio.LaPlante@tcpalm.com
This article originally appeared on Treasure Coast Newspapers: Stand your ground case: Martin County says killing was self-defense
