Jacksonville Criminal Defense Attorney Blog
A man who hosted a Jacksonville house party and ended up allegedly shooting one of the guests during an altercation is now charged with attempted murder. Terrell Drew shot Timothy Davis in the head during a fight that started with an argument over Drew dancing with the Davis’ sister, according to a report in the Florida Times-Union. The two men argued inside the home and were pushing each other before Davis asked Drew to come outside so they could talk, the newspaper reported. Once the men got outside, Davis hit Drew several times and Drew pulled a handgun out of his waistband and shot him in the head, the newspaper reported. Drew told police he “felt threatened” by Davis and that’s why he shot the man, who was hospitalized following the shooting, the newspaper reported.
All that’s being reported right now is what Davis told police, so there isn’t really complete picture out there. But, it does sounds like another Jacksonville Gun Crimes case where elements of self-defense and Florida’s now infamous Stand Your Ground law could come into play. In Florida, if a person feels like they are in danger of being killed or suffering great bodily harm, they do not have to retreat and can use deadly force if necessary to remove the threat. The law and the requirements have become so ingrained in media coverage and the vernacular, that Drew even used the words in the law by telling police he “felt threatened.” One widely reported Jacksonville case involved a woman who fired a warning shot into the ceiling to scare of her abusive ex-husband. A judge ruled there was not an immediate threat because she walked into the garage to get the gun before firing it, concluding the woman started the confrontation again by coming back into the house with the gun.
This Jacksonville Gun Crimes case involving Drew does appear to have more of an immediate threat. Part of the issue will be if Drew really thought he and Davis were going outside to talk and then Davis attacked him. If that is true, Drew may have a more solid defense in this Jacksonville Gun Crimes case. However, if it was clear to both parties that the men were going outside to fight and then Drew pulled out a gun when he started losing the fight, Davis could have a more difficult time with his defense. Self-defense and Stand Your Ground defenses in Jacksonville Gun Crimes cases are analyzed very closely by the court, which is rightfully hesitant to allow people to shoot others unless it is absolutely necessary. But there certainly as circumstances where people have the right to protect and defend themselves and their property, Drew’s case will be interesting to watch as it unfolds and more facts become public.
If you or a loved one needs a criminal defense attorney in Jacksonville or the surrounding area, call The Mussallem Law Firm at (904) 365-5200 for a FREE CONSULTATION. Our Jacksonville Gun Crimes Attorney, Victoria “Tori” Mussallem, is available 24 hours a day, 7 days a week.