Man Uses “Stand Your Ground” Law as Justification for Shooting Fellow Patron in Pizzeria

A 52-year-old Florida man claimed self-defense after police questioned him about shooting another customer in a pizzeria. Slow service and complaining customers in a restaurant isn’t unusual, but when this occurred at a Little Caesars located in St. Petersburg, FL, the complaining customer ended up getting shot. Now the alleged shooter is facing criminal charges for his actions.

On December 16, 2012, Randall White was waiting on line in Little Caesars for his pizza when he was informed by the staff that it would take a few more minutes to complete his order. As White started to complain about the slow service, another customer named Michael Jock told him to stop whining, according to the Tampa Bay Times. Jock pulled out a revolver after White shoved him and lifted his fist. As they fought, Jock fired two shots into White’s torso. One bullet went into the wall of the restaurant. Two other customers along with the staff occupied the pizzeria at the time.

According to Florida’s self-defense statute, a person is justified in using non-deadly force if he or she reasonably believes that it is necessary in order to defend against another individual’s imminent use of unlawful force. A person is justified in using deadly force if it is used to prevent imminent death or bodily harm or if it prevents the imminent commission of a forcible felony.

The person’s response must be proportionate to the severity of the potential threat to avoid criminal prosecution. Jock may have a difficult time proving that shooting White was proportionate to the physical threat imposed when White raised his fist.

When the police arrived, Jock informed the police that he feared for his life and shooting White was an act of self-defense. The police did not believe the incident escalated to the point where Jock was justified in using deadly force. The police officers arrested Jock and charged him with aggravated battery with a weapon. He was also charged with shooting within a building. Jock was released from jail after posting $20,000 bail. Jock will have another chance to argue self-defense when his case is presented to the court.

White received medical treatment for the gunshot wounds. White told the Tampa Bay Times that he pushed Jock during the altercation, but Jock’s life was not threatened.

Florida’s stand your ground laws have been the subject of much debate this past year because of the Trayvon Martin case. In that criminal case, George Zimmerman fatally shot 17-year-old Travyon Martin in the chest at close range after Zimmerman spotted Martin walking in a gated community. Zimmerman said he had a violent encounter with Martin that led to the shooting. Zimmerman claimed self-defense, but was charged with second degree murder. The trial is scheduled to start in June 2013.

The self-defense law was also recently cited in another pending criminal case in which a Florida resident named Michael Dunn fatally shot an unarmed teenager during a confrontation. In November 2012, Dunn was at a gas station when he asked a car full of teenagers to turn their music down. After Dunn and the teenagers exchanged words, Dunn fired multiple shots at the vehicle and killed 17-year-old Jordan Davis. Dunn was charged with murder and attempted murder. Dunn stated that he acted in self-defense.

If you have been charged with a violent offense, you should seek legal representation. Schedule a consultation so that your case can be evaluated. A skilled Maryland criminal defense lawyer will protect your rights and fight aggressively to help you reach the best possible outcome in the case.