Protection attorneys for Preston Brewer argued at a Dec. 10 listening to that Brewer was appearing in self protection when he fatally shot Garrett Hughes, 21, within the parking zone of a Key West bar on Feb. 13, 2023.
Choose Mark Jones heard statements from protection lawyer Jerome Ballarotto and prosecutor Joe Mansfield, in addition to testimony from two eyewitnesses – Carson Hughes, Garrett’s brother, and his good friend, Blake Arencibia – who had been with Hughes the evening of the taking pictures.
Ballarotto filed a movement to dismiss the murder case towards Brewer, 59, primarily based on Florida’s Stand Your Floor legislation, which permits folks to make use of lethal drive in self-defense with out retreating if they’re in a spot they’ve a proper to be and will not be engaged in prison exercise. The protection solely applies if the particular person fairly believes they’re threatened with imminent loss of life or nice bodily hurt, and it solely applies to people who find themselves not the aggressor.
In courtroom filings and on the Dec. 10 listening to, Ballarotto argues that Brewer was in concern for his life and felt threatened that evening by Hughes, who the protection claims reached for a beer bottle and approached Brewer aggressively within the parking zone of Conch City bar after Brewer warned Hughes that he was armed, in line with protection filings.
“It’s not till Garrett picks up the beer bottle that Preston attracts the gun,” Ballarotto informed Choose Jones on Dec. 10. “I don’t know, Choose, for those who’ve ever been hit with a beer bottle, however it’s a harmful weapon within the palms of a younger man.”
The protection lawyer then informed the choose that after he drew his weapon, Brewer “took two big steps to his left to go away house for Garrett to go away. However Garrett doesn’t try this,” Ballarotto mentioned. “Garrett takes a step towards Preston.
“Certainly not was Preston the aggressor that evening,” Ballarotto mentioned. “Garrett was the aggressor and he had a posse with him.”
The crowded courtroom, stuffed largely with buddies and family members of Garrett Hughes, audibly gasped and groaned in disagreement with Ballarotto’s description of the incident proven within the video footage.
Mansfield, whereas questioning Carson Hughes on Dec. 10, performed the safety digicam footage from that evening.
“When Preston Brewer produced the firearm, Garrett was nonetheless circled urinating on the wall,” Carson Hughes testified on the Dec. 10 listening to. “He lifted his shirt, pulled a gun from his proper hip and aimed it at Garrett.”
Mansfield has strongly disagreed with Brewer’s declare of self-defense ever because the taking pictures occurred shortly after midnight on Feb. 13, 2023, quickly after the Tremendous Bowl had ended. However he absolutely anticipated it.
Mansfield informed the Keys Weekly a day after the taking pictures in February 2023 that the video exhibits a drunk and shirtless Hughes outdoors the bar, which was positioned in a constructing owned by Brewer and his household. Hughes was urinating on the aspect of the neighboring constructing whereas sporting shorts and flip flops.
“The shirtless sufferer was clearly intoxicated and urinating on the wall when the suspect approached,” Mansfield mentioned in February 2023. “I believe the shooter was aggravated by what he noticed, confronted the child, then pulled a gun and shot him within the abdomen, which proved deadly. There are not any weapons on or close to the sufferer, neither is the sufferer seen reaching for something. Now, I’d wager my 401(ok) that the suspect will file a self-defense, Stand Your Floor protection, however the allegation that he was justified in utilizing lethal drive is just not substantiated by the video proof on this case.”
Jones didn’t rule on the Stand Your Floor protection, indicating that the choice — which can decide whether or not the case is dismissed or goes to trial — will come subsequent month.