Loading ...Pasco Murder Case to Proceed after Appeal
Florida’s Second District Court of Appeal denied a petition from Max Wesley Horn Jr. to declare him immune from prosecution under the “stand your ground” law. Horn of New Port Richey is charged with second-degree murder of Joseph Martell during the 2008 Chasco Fiesta.
Prosecutors say Horn and Martell had several altercations throughout the day during last year’s festival, then argued again that night outside of a bar. Apparently, witnesses said Martell charged at Horn, who then pulled a gun from his waistband and fired six times at Martell, stopping only when it jammed.
Horn’s criminal defense attorneys argue that he was acting in self-defense and should not be prosecuted. They rely on the 2005 Florida law which says people have the right to use force if attacked at home or “any other place where he or she has a right to be.” Even the use of deadly force can be justifiable when someone “reasonably believes that such force is necessary to prevent imminent death or great bodily harm to himself.”
After a hearing, the Pasco County trial judge on the case ruled that he was “unable to conclude … that the use of deadly force was necessary.” In his opinion, Horn did not prove by a preponderance of the evidence that he should be immune from prosecution. The issue would still be open for determination by a jury.
Horn’s attorneys appealed that decision, arguing that the procedure used by the trial judge to make his determination was wrong. At the underlying hearing, the judge heard testimony from witnesses for both the state and defense, weighed their credibility, found that the “preponderance of the evidence” did not support Horn’s claim of self-defense and declined to give him immunity from prosecution.
The appeals court ultimately agreed with the trial court’s approach to the issue. The appellate opinion is available at the Second District Court of Appeal’s website.