A legally blind ex-Marine was granted stand your ground immunity and walked into freedom Friday, after two years in Florida’s Seminole County Jail for killing a friend after a night of drinking beer.
40-year-old John Wayne Rogers (blinded in a work-related accident while working on a fire-suppression system in 2001), had been charged with first degree murder and was facing a life sentence in the death of James Dewitt, 34, on March 27, 2012.
According to the Orlando Sentinel, Dewitt and his girlfriend, Christina Robertson, were at Rogers’ home in Geneva, Florida to drink beer and ended up spending the night. About 10:00 in the morning the group went to a store for more beer.
When they got back, Rogers testified Thursday, he had asked DeWitt to leave, but Dewitt attacked him, so he went into a bedroom, got his .308 Remington assault rifle, and walked back into the living room. He said when he pointed it in DeWitt’s direction, DeWitt charged him, and Rogers fired the rifle.
Robertson, a witness to the shooting, contended the shooting was unprovoked, and that the two buddies had been “play fighting” when Dewitt was shot once in the chest. Robertson, however appears to have been less than cooperative in testifying. According to court records, she had to be arrested and brought in as a material witness in the case.
It would be easy to see justification in a blind man’s self-defense case, yet Rogers is no stranger to violence. Four years ago, Rogers fired 15 shots from a handgun at Michael Rogers, a cousin and roommate, after another night of drinking and fighting, according to court records.
His cousin was bruised but not shot. John Wayne Rogers was charged with aggravated assault in that incident but made a plea deal, pled no contest to a lesser charge (unlawfully displaying a firearm), and was placed on probation, which was revoked when he pushed and punched a woman a year later, earning him 71 days in jail for domestic violence, according to court records.
Friday, after two days of testimony, the court at first denied a motion by Dewitt’s public defender, attorney Tim Caudill, for acquittal based on self-defense laws. Caudill then renewed a previously filed stand your ground motion, contending Rogers was just a blind man defending himself.
Judge John Galluzzo cut short the jury trial and issued his ruling, granting Rogers immunity from prosecution under Florida’s stand your ground law, before jury deliberations.
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