Stand Your Ground Gets Double Murder Charge Dropped

A Florida man scheduled to stand trial this week in the murder of two unarmed men outside a Chili’s restaurant in 2008 is free, marking the first time a Miami appeals court has granted stand your ground immunity, in a major case widely seen as a test of stand your ground law.

Gabriel Mobley, of Opa-Locka, now 36-years-old, had claimed he was acting in self-defense when he shot and killed Jason Jesus Gonzalez and Rolando Carrazana, both 24 years old, after an argument over women. The case had been scheduled for a jury trial beginning January 10th.

Gabriel Mobley
Gabriel Mobley (police mug shot)

On Feb. 28, 2008, Mobley and a friend, Jose “Chico” Correa were inside Chili’s chatting it up with a group of women at the restaurant’s bar. The two men went outside to smoke cigarettes, and returned to find that Gonzalez and Carrazana, who were also at the bar, had moved in and struck up a conversation with the ladies.

It started a short argument, in which the appeals court said Mobley acted as a peacemaker, and everything seemed cool. Gonzalez and Carrazana left, but soon started “banging aggressively” on the windows of the restaurant and pointing at Mobley and Correa, according to the Miami Herald.

Mobley, apparently feeling nervous, went outside to his car and got his Glock pistol, but as he and Correa stood outside smoking cigarettes again, Gonzalez came out of nowhere and sucker-punched Correa, fracturing an eye socket. Mobley claimed he was scared when Carrazana, reaching under his shirt, came rushing at them.

In the shooting, Mobley who had a concealed carry gun permit, fired at both men, and testified that he thought “they were going to stab or shoot or kill us”, reported WTVJ-TV.

Jason Gonzalez
Jason Gonzalez (police mug shot)
Rolando Carrazana
Rolando Carrazana

Based on witness statements and surveillance video, Florida prosecutors charged him four months later with two counts of second-degree murder, contending he was not acting in self-defense. He was denied stand your ground immunity by Judge Thomas Rebull at a hearing last April, who said the shooting was “neither reasonable nor necessary.”

The Tampa Bay Times reported that one of the victims had his hands up when he was killed and the other did not seem to be reaching for a weapon as Mobley claimed.

Last Thursday, Florida’s Third District Court of Appeals took Mobley’s side, overruling the lower court by dismissing the murder charges and ruling that his use of deadly force was justified.

The court said Gonzalez and Carrazana were “the aggressors”. Judge Linda Ann Wells wrote. “Mobley did not shoot two innocent bystanders who just happened upon him on a sidewalk.” Prosecutors plan to appeal the decision, and the case could end up in the hands of Florida’s Supreme Court.

Related articles

Advertisements

5 thoughts on “Stand Your Ground Gets Double Murder Charge Dropped

  1. I remember that guy Jason Gonzalez. He was a trouble maker and always looked for a fight. He had no respect for anyone, even people that thought they were friends with him. This seems like typical behavior for him. Trying to talk to another guys girlfriend just to get them mad. Serves him right he was killed. Who knows if maybe he killed someone in his past. No one will miss him that wasn’t his family. In fact I know people can sigh in relief that there is one less scum bag on the streets.

    Like

  2. This is an absolute reason to stay the hell outta florida! I never did like that state anyway! I told my daughter to get out of there to keep my grandsons from an early death. You know, they wear hoodies….

    Like

What do you think?

Please log in using one of these methods to post your comment:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s