Sun Feb 23, 2014, 12:56 PM
marble falls (10,269 posts)
Judge orders guns returned to blind FL man who ‘stood his ground’ against drinking buddy
video at link
John Wayne Rogers, a blind man acquitted of killing his friend James Dewitt under Florida’s “Stand Your Ground” statute, successfully sued the state to have his guns returned to him.
Prosecutors had charged Rogers with first-degree murder in the 2012 shooting death of his house guest and drinking companion, James DeWitt. Rogers’s attorneys contended that he was a blind man defending himself from a drunken guest, but the prosecution had witnesses willing to testify that Rogers can see.
DeWitt’s girlfriend, Robertson, told Seminole County deputies that the two men had been “play fighting” when Rogers shot him.
Rogers was freed from Seminole County Jails on January 9, 2014, mere hours after Circuit Judge John Galluzzo granted his “Stand Your Ground” motion.
Rogers, who was blinded in a work-related accident in 2001, has an extensive history of violence. In 2010, following another night of drinking, Rogers shot at his cousin and roommate, Michael Rogers, 15 times with a handgun. Michael Rogers was not shot, and John Rogers eventually plead no contest to one count of unlawfully displaying a firearm, for which he was placed on probation.
That probation was revoked when, in 2011, he punched a woman, which led to him spending 71 days in jail on domestic violence charges.
Judge Galluzzo agreed, saying that “I have to return property that was taken under the circumstance. I have researched and haven’t found case law to say otherwise.” He ordered the return of the 10 millimeter Glock that Rogers had used to shoot at his cousin, Michael, and the hunting rifle with which he shot James DeWitt.
The judge did, however, order that all the confiscated ammunition be destroyed, claiming that it was “too old and dangerous.”
'cuz whats the worst that could happen, right?
8 replies, 981 views
Judge orders guns returned to blind FL man who ‘stood his ground’ against drinking buddy (Original post)
|marble falls||Feb 2014||OP|
|marble falls||Feb 2014||#8|
Response to Loudly (Reply #2)
Sun Feb 23, 2014, 01:18 PM
Duckhunter935 (16,974 posts)
4. So you have nothing
Until laws are changed, the judge followed the law. Interesting on the ammo as if stored correctly will last almost forever. I regularly shoot 40 year old ammo and in the Army we had 60+ year old ammo in our ammo supply point.
Response to Duckhunter935 (Reply #1)
Sun Feb 23, 2014, 01:26 PM
avebury (7,584 posts)
6. YES! For crying out loud, the guy is blind.
He is lucky that he didn't kill someone.
Would you want to live next door to a gun toting, man with a known violent history? This guy is a threat to society.
Response to avebury (Reply #6)
Sun Feb 23, 2014, 02:30 PM
Duckhunter935 (16,974 posts)
7. Legally blind not totally blind
Legal blindness is a level of vision loss that has been legally defined to determine eligibility for benefits. The clinical diagnosis refers to a central visual acuity of 20/200 or less in the better eye with the best possible correction, and/or a visual field of 20 degrees or less. Often, people who are diagnosed with legal blindness still have some useable vision.
I would be more worried about the violent history, but unless convicted he is not a prohibited person and still has rights under the constitution.