Mobley v. State
District Court of Appeal of Florida, Third District
132 So.3d 1160 (Fla. Dist. App. 2014)
Gabriel Mobley (defendant) got into a heated argument with two strangers, Jason Gonzalez and Roly Carrazana, at a restaurant, and the men continued glaring menacingly afterward. In the parking lot, Gonzalez and Carrazana launched an unprovoked attack, punching Mobley's friend Chico hard enough to draw significant blood, then turned toward Mobley; when Carrazana reached under his shirt, a frightened Mobley, believing the men might shoot, stab, or kill him, drew his own gun and fired five shots, killing both men. Mobley was charged with two counts of second-degree murder and moved to dismiss based on stand-your-ground immunity, but the trial court denied the motion because Mobley never actually saw a weapon on Carrazana, and Mobley appealed.
Whether a defendant who uses deadly force is immune from criminal prosecution under a stand-your-ground law if he reasonably believes such force is necessary to prevent imminent death, great bodily harm, or a forcible felony.