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FL Appellate Court Grants Self Defense Immunity To Black Defender
Legal Insurrection ^ | 1-4-2014 | Andrew Branca

Posted on 01/04/2014 10:48:50 AM PST by servo1969

The evening of February 27, 2008, in the Miami area, Gabriel Mobley and a friend were viciously attacked by two men. Using his licensed concealed carry pistol, Mr. Mobley successfully fought off the attack, killing both of the aggressors. He was charged with two counts of second degree murder – murder which, under Florida law, requires “malice”.

Mobley exercised his rights under Florida’s self-defense immunity state, 776.032 Immunity from criminal prosecution and civil action for justifiable use of force, to avoid going to trial on the basis that it was more likely than not, based on the evidence, that he acted in lawful self-defense.

The trial judge, Thomas Rebull, refused to dismiss the charges. He claimed that Mobley’s testimony was not credible, and that Mobley’s deadly force was “neither reasonable or necessary.” Mobley appealed.

On Thursday, the Florida appellate court hearing the matter ruled by 2-1 that the evidence supported Mobley’s request for self-defense immunity. (The State prosecutors say they intend to appeal that ruling.)

The appellate ruling published Thursday in support of Mobley recounted the facts of the case as follows:

Mobley was invited by Chico to join him and his staff at a local Chili’s to unwind. Mobley agreed to join them but drove his own car intending to go home from the restaurant. When Mobley arrived at the restaurant, he removed the handgun that he was carrying and stowed the gun in the glove compartment of his car. He did so because he believed from the training that he had received to secure a concealed carry license that firearms could not be brought into any establishment where food and alcohol are served. By the time Mobley got to the restaurant, a number of Chico’s female employees had arrived and were sitting at a booth located near one end of the restaurant’s bar.

[T]hings changed after Mobley and Chico went outside a second time for a smoke. This time when they reentered the restaurant, they found two men, later identified as Jason Gonzalez and Rolando (Roly) Carranza, talking to Chico’s female employees. According to Chico, the women seemed to be uncomfortable so he told the men to leave. This sparked a verbal altercation between Chico and the two men which continued until the two men returned to their table at the other end of the bar. The altercation, which lasted only a few minutes, was loud enough to attract the attention of the restaurant’s security guard and its manager, who asked the guard to keep an eye on Jason and Roly.

Mobley was not involved in the argument but acted as peacemaker instead, going to Jason’s and Roly’s table to ask them to forget what he described as a petty misunderstanding. He even shook Jason’s hand and gave him a friendly pat on the

Although the altercation appeared to have ended, Mobley testified that he began to feel uncomfortable after he noticed Roly staring in the direction of Chico’s party with a “mean, cold [look] on his face.” He decided it was time to leave. But before he left, he and Chico went to the restroom where he expressed his concerns to his friend. As Mobley and Chico were returning from the bathroom, they passed the front of the restaurant where Mobley saw Jason, with Roly nearby, banging aggressively on the restaurant’s window and pointing toward them. When Mobley and Chico reached their seats, Mobley suggested that after Jason and Roly left, they should all go home. Approximately ten to fifteen minutes later, after Jason and Roly appeared to have left, Mobley left the restaurant alone while Chico settled the check.

The events that transpired next were captured on a security camera recording made outside the restaurant, and, for the most part, are beyond dispute. The recording shows that at 23:52:15, Mobley, wearing only a sleeveless tee shirt, exited the Chili’s front door and went to his vehicle parked only feet away, but mostly outside the security camera’s viewing range. There, Mobley, as subsequent footage confirms, donned a sweat shirt, because, according to Mobley, it was chilly that night. He also retrieved his gun and put it in a holster that he wore around his waist. Less than a minute after Mobley left the restaurant, Chico and the third man in their party exited the front door. Chico was joined by Mobley who walked with Chico to his nearby car. There the two remained for approximately thirty seconds until, at 23:53:38, Mobley stepped onto the sidewalk near the front fender of Chico’s car. Approximately twenty seconds later, Chico joined him on the sidewalk where the two smoked a cigarette.

Four seconds after Chico joined Mobley on the sidewalk, Jason Gonzalez can be seen rapidly approaching from Mobley’s and Chico’s right. Four seconds after that, Jason delivered a vicious punch to Chico’s face which fractured Chico’s eye socket. Jason then can be seen to dance backward, hands raised in a fighter’s pose, and within four seconds of landing the punch on Chico advance forward toward Mobley. Mobley reacted by raising his arm and hand to ward Jason off.

Two seconds later, as Jason steps back from Mobley, Roly can be seen rushing up from the rear of the restaurant to join Jason in what Mobley testified he believed to be a renewed attack on both himself and Chico. At this juncture, as Roly neared Jason, who was only feet from both Mobley and Chico, Mobley testified that he saw Roly reach under his long, baggy shirt. Believing that Roly was reaching for a weapon to use in an attack, Mobley drew his gun and shot at Roly hitting both Roly and Jason.

This entire series of events, from the time Jason first comes into view on the sidewalk until the first shot was fired, took only twelve seconds. After being shot, Jason turned and fled toward his (or Roly’s) car to collapse with a gunshot wound to the chest and die. Roly, hit four times, fell to the ground near the restaurant’s door where he was assisted by the third man in their party who had been sitting at the bar. Roly later died at a local hospital. Although no weapons were found on Roly’s body, two knives were found on the ground near where he fell.

Some facets of these facts are worth emphasizing.

- Most relevant for the purposes of the self-defense immunity ruling, is that it was the “victims,” Roly and Jason, who initiated the physical confrontation, and as such were the aggressors.

- It seems that Florida’s Stand-Your-Ground law has little application in this case, despite the idiotic insistence of journalists to emphasize the phrase at every turn. The entire fight took a mere 12 seconds, with only 4 seconds passing between Jason appearing on the security footage and his striking of a blow that broke the eye-socket of his victim, Chico – indisputably grave bodily harm. The opportunities for safe retreat from two attackers intent on committing a vicious aggravated assault seem few.

- Least relevant from a self-defense immunity perspective but of interest from a tactical perspective, is that once Mobley made the decision to engage in lawful self-defense, he used as much force as necessary to secure safety for himself and his friends also under attack. Jason was mortally wounded with the first shot. Roly was struck four times, apparently dispossessing himself of his two weapons – knives – moments before he lost consciousness. From the moment Mobley engaged in self-defense, no innocent party was further injured. That’s good self-defense gun work, by anybody’s standard.

Also noteworthy are the many ways in which Mobley was able to reinforce his compelling narrative of innocence, by managing to introduce considerable “consciousness of innocence” evidence into the narrative.

- He did not carry his lawfully licensed firearm into the Chili’s, because alcohol was served there, and Florida (purportedly) prohibits CCW in establishments that serve alcohol. He armed himself only after having left the establishment.

- He did not initiate, continue, or escalate the conflict – indeed, he played the role of a peacemaker.

- He had a sufficiently clean background that he was able to personally testify in support of his claim of self-defense without fear of being devastated on cross examination. In contrast, George Zimmerman elected not to testify at trial.

In short, Mobley was able to present a sufficiently compelling narrative of innocence that a majority of the appellate court felt compelled to grant his request for self-defense immunity.

Finally, as it happens, Mobley is black.

In contrast, his attackers were hispanic (white-hispanic?).

Jason Jesus Gonzalez, killed in lawful self-defense by Gabriel Mobley

This would seem to eliminate the opportunity for for-profit racial activism that so marked the Zimmerman case. (Unless those activists can successfully argue that Mobley is “white-black”, I suppose.)

For those of you interested in reading the entire appellate court decision, here you go:

http://www.scribd.com/doc/195631021/Mobley-vs-State-Stand-Your-Ground

Have a great weekend!

–Andrew, @LawSelfDefense


TOPICS: Constitution/Conservatism; Crime/Corruption; US: Florida
KEYWORDS: banglist; ccw; florida; secondammendment; selfdefense
You can follow all the rules but you never know what some judge is going to do.
1 posted on 01/04/2014 10:48:50 AM PST by servo1969
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To: servo1969
You can follow all the rules but you never know what some judge is going to do.

SO true.

2 posted on 01/04/2014 10:56:36 AM PST by cloudmountain
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To: servo1969

“Roly was struck four times, apparently dispossessing himself of his two weapons – knives”

I assume Roly’s fingerprints were on the knives. I have to agree with the Apellate court. Looks like it was clearly a case of self defense. The video also supports the self defense case.


3 posted on 01/04/2014 10:59:30 AM PST by Parley Baer
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To: servo1969
A prosecutor with a political agenda is a dangerous animal too.
4 posted on 01/04/2014 11:00:13 AM PST by Farmer Dean (stop worrying about what they want to do to you,start thinking about what you want to do to them)
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To: servo1969

If the account posted is accurate, it seems Mobley did all he could before producing and using a firearm.


5 posted on 01/04/2014 11:03:08 AM PST by Bloody Sam Roberts ("Gun horror is not a productive emotion, it's learned helplessness disguised as moral superiority.")
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To: servo1969

Better judged by twelve than carried by six.


6 posted on 01/04/2014 11:05:22 AM PST by man_in_tx (Blowback (Faithfully farting twowards Mecca five times daily).)
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To: servo1969
Or prosecutor who filed the charge.

Or detective who doesn't want any self defence.

7 posted on 01/04/2014 11:09:50 AM PST by Dan(9698)
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To: servo1969

That guy looks whiter that George Zimmerman, he’s actually a decent looking guy, too bad he was a jerk who got himself shot.


8 posted on 01/04/2014 11:11:27 AM PST by jocon307
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To: servo1969

Good shoot to me.


9 posted on 01/04/2014 11:13:27 AM PST by VeniVidiVici (Play the 'Knockout Game' with someone owning a 9mm and you get what you deserve)
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To: servo1969

It’s called punishment by process - innocent or guilty, charge the victim, destroy his reputation, and make him run up hundreds of thousands of dollars in legal bills. Make the process painful enough, and future victims are more likely to just take their *ss-whippings.


10 posted on 01/04/2014 11:18:25 AM PST by Slings and Arrows (You can't have Ingsoc without an Emmanuel Goldstein.)
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To: cloudmountain

In general one can almost always predict what a judge is going to do. American judge instinctively favor the criminal element as the trial judge did in this case. Once the left has total control of the appellate judiciary the innocent will have no chance.


11 posted on 01/04/2014 11:38:04 AM PST by AEMILIUS PAULUS (It is a shame that when these people give a riot)
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To: servo1969

Rebull was appointed by Gov. Scott in 2011. Time for the locals to jerk the Governor around, especially when the evidence appears to be so clear.


12 posted on 01/04/2014 11:44:22 AM PST by Oatka (This is America. Assimilate or evaporate.)
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To: AEMILIUS PAULUS
In general one can almost always predict what a judge is going to do. American judge instinctively favor the criminal element as the trial judge did in this case. Once the left has total control of the appellate judiciary the innocent will have no chance.

I had to go before a judge only once. A cleaning service stiffed us...we paid them to clean and they didn't do it.
Well, I stood before the judge and had done ALL MY HOMEWORK. As I was still talking the judge was writing out the verdict in my favor. I won the case cuz I had dotted ALL my "i's" and crossed ALL my "t's".

My mother remembers that AS SOON as I got home from ELEMENTARY school I started in on and finished all my homework. I wasn't as smart as my sister or parents so I inculcated a WORK ETHIC very soon to make up for it.

13 posted on 01/04/2014 11:50:19 AM PST by cloudmountain
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To: Slings and Arrows
Make the process painful enough, and future victims are more likely to just take their *ss-whippings.

Until the citizens of this Country stand up and teach those filing the charges who is supposed to be in charge (and it is NOT them or the Government).

14 posted on 01/04/2014 11:54:55 AM PST by OldMissileer
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To: servo1969
I fully support this American and his second amendment rights. He did everything he could do to end this confrontation but was unable to stop the aggressor with less than deadly force.

Contrary to the BS liberal line of crap the right to protect yourself with a firearm has nothing to do with race. This was a fine American man acting within his constitutional and God given rights.

15 posted on 01/04/2014 11:58:48 AM PST by oldenuff2no
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To: servo1969

How can one appeal a grant of immunity? If Mobley was given immunity, he’s immune and that’s the end of the story. At least, it is when government agents are given immunity. Is this yet another case in which government agents are treated differently than mere citizens? If so, I’m opposed.


16 posted on 01/04/2014 12:23:32 PM PST by coloradan (The US has become a banana republic, except without the bananas - or the republic.)
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To: Slings and Arrows
It’s called punishment by process - innocent or guilty, charge the victim, destroy his reputation, and make him run up hundreds of thousands of dollars in legal bills.

Yep.

And just as was the case with George Zimmerman, if there is a defense fund set up somewhere I'm ready to contribute.

17 posted on 01/04/2014 12:38:05 PM PST by FredZarguna (Das is nicht richtig nur falsch. Das ist nicht einmal falsch.)
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To: servo1969

What happened to all the racists on FR? Nobody is jumping up and down demanding that the Black man is GUILTY because of his skin color! Jeesh, there has to be somebody on FR that is against this Black dude.


18 posted on 01/04/2014 12:54:36 PM PST by B4Ranch (Name your illness, do a Google & YouTube search with "hydrogen peroxide". Do it and be surprised.)
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To: servo1969
Shakespeare had it wrong: autocratic judges first, then see how many lawyers are still feelin' frisky.
19 posted on 01/04/2014 1:22:49 PM PST by tomkat
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To: servo1969
Race or color shouldn't matter.

There will always be liberal LEOs and judges who don't like the idea of armed self defense.

20 posted on 01/04/2014 1:43:28 PM PST by SWAMPSNIPER (The Second Amendment, a Matter of Fact, Not a Matter of Opinion)
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To: servo1969

FU JUDGE and FU PROSECUTER. This man, Mobley, is alive and his thug attackers are dead. It is pathetic that the prosecuter and judge in this case are trying to put this man away for self defense. Mobley should be left in peace and this judge / prosecuter team should be thrown out of office.


21 posted on 01/04/2014 1:54:53 PM PST by Organic Panic
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To: OldMissileer

It’s be nice, but I’m not holding my breath.


22 posted on 01/04/2014 1:57:21 PM PST by Slings and Arrows (You can't have Ingsoc without an Emmanuel Goldstein.)
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To: Organic Panic

They even have video of the shot proving he was defending himself and they still want him in prison.


23 posted on 01/04/2014 2:35:31 PM PST by servo1969
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To: servo1969

Almost six year later and he still has this hanging over him. This is a clear example of justice delayed being justice denied.


24 posted on 01/04/2014 3:01:42 PM PST by InABunkerUnderSF (Because two terms with Jerry Brown with governor was all I could take.)
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To: servo1969
State prosecutor for Miami-Dade:

Katherine Fernandez Rundle

State prosecutor for the George Zimmerman trial:

Angela Corey 4th Judicial Circuit:


25 posted on 01/04/2014 4:43:50 PM PST by VeniVidiVici (Play the 'Knockout Game' with someone owning a 9mm and you get what you deserve)
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To: VeniVidiVici

“Good shoot to me.”

Yes, and if Mobley had been a LEO we would not be having this discussion.


26 posted on 01/04/2014 11:44:53 PM PST by vette6387
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