Irish Andrews asks court to grant him immunity in the attempted murder case against him for allegedly shooting his wife. In the court filing, Andrews says he feared for his life when his wife raised a coat hanger over her head.
Original Title
Motion for Declaration of Immunity Pursuant to Stand Your Ground
Irish Andrews asks court to grant him immunity in the attempted murder case against him for allegedly shooting his wife. In the court filing, Andrews says he feared for his life when his wife raised a coat hanger over her head.
Irish Andrews asks court to grant him immunity in the attempted murder case against him for allegedly shooting his wife. In the court filing, Andrews says he feared for his life when his wife raised a coat hanger over her head.
Filing # 77887508 E-Filed 09/14/2018 08:59:13 AM
IN THE CIRCUIT COURT OF THE FOURTH CIRCUIT
IN AND FOR DUVAL COUNTY, FLORIDA
CASE NO: 16-2018-CF-009360-AXXX-MA
STATE OF FLORIDA,
¥.
IRISH D. ANDREWS,
Defendant.
MOTION FOR DECLARATION OF IMMUNITY PURSUANT TO §776.032 FLA,
STA
(STAND YOUR GRO!
MOTION
DEFENDANT, IRISH D. ANDREWS, by and through his undersigned attorney and
pursuant fo Section 776.032, Florida Statutes (2011), and Rule 3.190(¢)(4), Florida Rules of
Criminal Procedure, moves this Honorable Court to: (1) declare that Defendant is immune from
further prosecution in the above-styled cause, and (2) dismiss the criminal Information filed
herein. In support of this Motion, Defendant states as follows:
L On September 11, 2018, Defendant, Irish D Andrews, was lawfully inside his residence,
2. ‘The Defendant is a retired corrections office and has always carried a firearm as a matter
of habit.
3. On the day in question, Defendant came home, and immediately he and his wife, the
alleged victim, got into a verbal altercation. She became hostile, and violent, and then suddenly
attacked the Defendant physically. She had a coat hanger in her hand and had her hand raised
over her head as if she was going to stab the Defendant with it.
4 ‘The Defendant was in fear of imminent bodily harm because he was aware of the fact that
his wife had stabbed an individual in the lungs in the past,
ACCEPTED: DUVAL COUNTY, RONNIE FUSSELL, CLERK, 09/14/2018 02:34:46 PM5. ‘The Defendant yelled for her to stop multiple times, and the alleged victim continued the
violent assault upon him,
6. In an instant, the Defendant pulled out his firearm and fired four (4) indiscriminate shots
towards the alleged vietim in self-defense.
1. ‘The alleged victim has apologized to the Defendant through family members, and
indicated she does not wish for him to be prosecuted.
8. ‘The Defendant's two children witnessed the attack and that the Defendant yelled stop
multiple times.
9. Based on the facts presented in the above-styled case, Defendant asserts that he is
immune from criminal prosecution pursuant to Section 776.032, Florida Statutes (2011). 5.
Section 776.032 was created by the Legislature to establish a true immunity and not merely an
affirmative defense. Peterson v, State, 983 So. 2d 27, 29 (Fla, Ist DCA 2008). When imm
under this law is properly raised by a defendant, the trial court must decide the matter by
confronting and weighing only factual disputes. ‘The trial court may not deny a motion simply
because factual disputes exist. A defendant may raise the question of statutory immunity pre-
trial and, when such claim is raised, the trial court must determine whether the defendant has
shown by a preponderance of the evidence that immunity attaches. Id
10. In Gray v. State, 13 So. 2d 114 (Fla. Sth DCA 2009), the Fifth District Court of Appeal
adopted the procedures outlined above in Petersen, and concluded that the right to immunity
from criminal prosecution afforded by Section 776.032 (commonly known as the “stand your
ground law") is to be determined by the trial court after an evidentiary proceeding in which the
criminal defendant has the burden of proof by a preponderance of the evidence. Id. at 114.u
Defendant reserves the right to amend this Motion as further discovery may reveal
additional relevant facts that are germane hereto.
WHEREFORE, Defendant moves this Honorable Court to declare that Defendant is
immune from further criminal prosecution in the above-styled cause and to dismiss the criminal
Information filed herein,
Certificate of Service
| certify that 2 copy of this document was provided to the State Attomey via Efiling on
this 14% day of September, 2018.
Respectfully submitted,
Gerald Wilkerson, P.A.
/s! Gerald Wilkerson
Bys
Gerald Wilkerson, Esq,
Florida Bar No. 0392723
301 W. Bay Street, Suite 1060
Jacksonville, Florida 32210
Tel, (904) 384-8200
Fax (904) 384-8992
E-Mail: pleadings@duvalattomey.com
Secondary E-Mail: krash@jaxlawyers.net