Judge orders guns returned to blind FL man who ‘stood his ground’ against drinking buddy

[marble falls]

video at link



http://www.wesh.com/news/central-florida/seminole-county/blind-man-acquitted-in-fatal-shooting-gets-guns-back/24587960#mid=18423390

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.

<snip>

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That probation was revoked when, in 2011, he punched a woman, which led to him spending 71 days in jail on domestic violence charges.

<snip>

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?

[Duckhunter935]

1. he was acquitted

his property was returned to him.

Does not seem like a great guy but what would you suggest, confiscating his property?

[Loudly]

2. What could go wrong? n/t

[Duckhunter935]

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.

[avebury]

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.

[Duckhunter935]

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.

http://www.afb.org/info/blindness-statistics/key-definitions-of-statistical-terms/25

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.

[valerief]

3. Florida. Florida. Florida. Florida. Florida. Florida.

Good heavens.

[appleannie1]

5. Just what a blind drunk needs. A gun.

[marble falls]

8. a blind, violent ex-felon drunk,yet.