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Judge dismisses handgun case with 1st successful use of Stand Your Ground immunity law
tcpalm.com ^ | 12 December, 2012 | Lamaur Stancil

Posted on 12/13/2012 1:00:59 AM PST by marktwain

Arzie Tory

Months before Floridians had heard of Trayvon Martin or George Zimmerman, an Indian River County man was threatened with a beating and made a decision to stand his ground by grabbing a gun. Arzie Tory was a 48-year-old lawn maintenance employee who arrived at work on July 12, 2011, and was assaulted by a man 19 years younger, according to court records. Tory, who said he was experiencing weakness from diabetes, took a punch to the eye and fled to his car, where he pulled out a semi-automatic handgun and warned the other man to stay away, records show.

For brandishing the handgun, Tory, who was bleeding from near his eye, was charged by the Indian River County Sheriff's Office with aggravated assault with a deadly weapon. But the Public Defender's Office filed a motion to dismiss the case based on the state's Stand Your Ground Immunity law, Assistant Public Defender Blake Smith said.

Circuit Court Judge Robert Pegg agreed with the motion and dismissed the case Tuesday.

The immunity law, which states a person can use force in self-defense and avoid prosecution for doing so, has been on the books since 2005 but no one in Indian River County has successfully used it to get charges dismissed until this week.

"There is no duty to retreat in Florida," Smith said Wednesday.

(Excerpt) Read more at tcpalm.com ...


TOPICS: Crime/Corruption; Culture/Society; News/Current Events; US: Florida
KEYWORDS: arzietory; banglist; fl; syg
The black racists tell us that the law is never used to protect black people.

They lie.

1 posted on 12/13/2012 1:01:05 AM PST by marktwain
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To: marktwain

Lots of media lies these days.


2 posted on 12/13/2012 1:07:30 AM PST by exnavy (Got ammo, Godspeed!)
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To: marktwain

Imagine that. Wonder how much msm publicity this will get.


3 posted on 12/13/2012 1:09:02 AM PST by MestaMachine (It's the !!!!TREASON!!!!, stupid!)
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To: marktwain

This older black man had to defend himself from crazy black yoof. So he pulled out his equalizer. An older man is under no obligation to duke it out with the stronger younger man who might be hopped up on drugs


4 posted on 12/13/2012 1:21:15 AM PST by dennisw (The first principle is to find out who you are then you can achieve anything)
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To: dennisw

What I always find interesting is that the cops never drug-test homicide situations. If we did...you’d probably find PCP in half of them.


5 posted on 12/13/2012 1:23:41 AM PST by pepsionice
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To: marktwain
but no one in Indian River County has successfully used it to get
charges dismissed until this week.

Because they get charged out of the gate, then told they're going to prison for life.
I fear that most who are charged are confronted with a plea deal and take it without
knowing their full rights. I also doubt court appointed attorneys actually do their job.

6 posted on 12/13/2012 1:25:42 AM PST by MaxMax
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To: MaxMax

Edit: in fact if someone will find and talk to this man he will tell us what I feared.


7 posted on 12/13/2012 1:28:18 AM PST by MaxMax
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To: marktwain

Good for the judge in his uncommon use of common sense. What the 29-yo perp did was wrong but what the PA did was just as bad with his malicious prosecution. He is the one who should face sanctions for wasting the courts time and resources and the innocent public’s reputation.


8 posted on 12/13/2012 2:17:09 AM PST by rockrr (Everything is different now...)
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To: rockrr

With the Duke Lacrosse case and Nifong, and now with the Zimmerman/Trayvon case, everyone who didn’t know before should now realize that prosecutors are all about successful prosecutions and not about justice. And if they can get another “notch” via a plea deal, even when it is an unjust outcome looked at carefully, they will.


9 posted on 12/13/2012 3:11:25 AM PST by FreedomPoster (Islam delenda est)
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To: marktwain

Black Racists just say that as a ruse to keep whites from defending themselves against Black criminals

Good for this man to have won his STYG Immunity hearing. Of course, if anyone wins such a hearing...they should not have been charged in the first place


10 posted on 12/13/2012 3:22:24 AM PST by SeminoleCounty (Seems that the ones who understand little about the economy are economists)
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To: marktwain

.


11 posted on 12/13/2012 3:39:44 AM PST by QBFimi (When gunpowder speaks, beasts listen.)
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To: FreedomPoster

and if one has a public defender, consider the deck really stacked against you as their case load dictates they get plea deals, not go to trial.


12 posted on 12/13/2012 4:02:09 AM PST by Mouton (108th MI Group.....68-71)
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To: marktwain

If I were accosted by someone looking to prey upon me for whatever reason say by asking for a cigarette then I will pull my weapon on them.

Don’t bum a smoke, it can be deadly.


13 posted on 12/13/2012 4:10:49 AM PST by Eye of Unk (A Civil Cold War in America is here, its already been declared.)
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To: FreedomPoster

I learned a lesson in my youth that I will never forget...

never, NEVER plead guilty to a crime you did not commit.. EVER...

even if it is a plea bargain, do not do it...

demand a jury trial and make them prove beyond a reasonable doubt that you are guilty..


14 posted on 12/13/2012 4:41:07 AM PST by joe fonebone (The clueless... they walk among us, and they vote...)
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To: marktwain

Somehow, I think there is more to this story. Two unanswered questions: Why did the owner of the service fire his grandson, Tory, the man charged? Why didn’t the police charge Ross, the man who struck Tory?


15 posted on 12/13/2012 4:59:03 AM PST by norwaypinesavage (Galileo: In science, the authority of a thousand is not worth the humble reasoning of one individual)
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To: norwaypinesavage
I think you have it reversed. The owner fired the grandson, Ross, who struck Tory.

My guess is that the prosecutor did not charge Ross, because they are an anti-gun zealot, and Tory displayed a handgun to defend himself.

16 posted on 12/13/2012 5:36:21 AM PST by marktwain
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To: exnavy

The entire liberal media is one big lie. Those people are fools who only know what their liberal friends tell them.


17 posted on 12/13/2012 5:48:06 AM PST by popdonnelly
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To: marktwain
"The owner fired the grandson, Ross, who struck Tory"

Thanks, that makes more sense.

18 posted on 12/13/2012 5:49:46 AM PST by norwaypinesavage (Galileo: In science, the authority of a thousand is not worth the humble reasoning of one individual)
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To: marktwain
A couple interesting items in this story (IMHO).
  1. All Arzie Tory had to do to protect himself from further injury and possible death was: Show ('brandish' /s) his firearm to his attacker. He never had to fire one single shot. So add this to the 25,000,000 times a year list that a firearm is 'safely' used for self-defense.

    But I have a feeling the Brady Bunch Nazis are not too pleased with this case ;-)

  2. Looky who the prosecutor was: Assistant State Attorney Michelle McCarter.

    (IMHO) She's prolly another Femi-Nazi Leftist Dem Gun-Grabber who believes boys should play with Barbie dolls. All toy guns (if you can even call them that now) are instruments of death. And all 'men' should be given estrogen shots, and if married their gonads go on the mantle in the wife's favorite knick-knack jar. Or just outright castrated if none of the above 'works'.

    And our military should be doing public service like building schools, roads, and working gubmint soup kitchens for 'the poor'. You know like Community Organizing. Not any of that fighting stuff (YUCK!). They should 'talk out' all differences with any enemy, not that mean violent fighting stuff.

    (If she somehow has a son he should run away and join a circus, even become a clown if necessary. Just get away asap at 13-14)


19 posted on 12/13/2012 8:44:19 AM PST by Condor51 (Si vis pacem, para bellum.)
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To: FreedomPoster

florida has a referendum process. there has to be a way to reign in the out of control prosecutors. I would submit even prohibiting career prosecutors from becoming judges until they have worked in the private sector.


20 posted on 12/13/2012 8:50:42 AM PST by longtermmemmory (VOTE! http://www.senate.gov and http://www.house.gov)
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To: Condor51

This ruling precludes ANY civil suit against the man OR the employeer.

The leftists, aclu, or any others are totally shut out of the courts.


21 posted on 12/13/2012 8:58:47 AM PST by longtermmemmory (VOTE! http://www.senate.gov and http://www.house.gov)
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