In a recent ruling, the Florida 2nd DCA ruled that a police officer may not rely on the “stand your ground” law to avoid prosecution.
The case is State v. Caamano (2D12-1857) and was decided on October 26, 2012.
According the DCA opinion, the State has alleged the following facts:
“As a street party was dispersing in Lake Hamilton in October 2010, one individual refused to comply with police orders to exit the street. An officer physically engaged the individual by escorting him to a grassy area beside the roadway and taking him to the ground, but the individual resisted. Two other officers assisted in detaining the individual by delivering knee and hand strikes and using a taser to “drive stun” him.
While the individual was face down on the ground after having been beaten and tased by a group of law enforcement officers, Caamano, an on-duty Haines City Police Officer, approached the men. Caamano raised his right foot and “br[ought] it down in a stomping motion” towards the individual’s legs, saying “put your hands behind your back” as he did so. The State alleged specifically that Caamano’s actions did not assist the other officers with bringing the individual into custody, and that the detained individual did not exhibit any active resistance toward Caamano. Instead, the State alleged that “his stomp served no purpose other than to bring unjustified and unnecessary force to [the individual], who was already engaged by three other officers.” (Page 2 of the opinion).
The Court went on to rule that if Caamano is entitled to immunity, it would be under a different statute, specifically, 776.05, titled “Law enforcement officers; use of force in making an arrest.” (Page 7 of the opinion)
Caamano has been charged with attempted battery.
Disclaimer: This post is not intended as legal advice nor does it create an attorney-client relationship.
~At Matthews Law Firm, P.A., we practice criminal defense & health law. Our offices are in Bartow, Florida and we offer free consultations. We are currently taking cases throughout central Florida.