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 PM5. ‘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