Stand Your Ground: Case Study in Florida

BRADENTON, Fla. (WWSB) - Charges have been dismissed against a Bradenton man accused of starting a gunfight that wounded his girlfriend and himself during a domestic dispute,

Manatee County Court Judge Frederick Mercurio accepted Kevin Armstrong’s “Stand Your Ground” defense Monday and will dismiss the charges of aggravated assault with a deadly weapon.

Mercurio ruled that Armstrong’s fear of harm was well-founded, even if his actions were not the wisest. “The better practice would have been for you to call the police, stay in your house and not go out there with a gun,” Mercurio said.

“My legal conclusion is that Mr. Armstrong was reasonably believing that be needed to use or threatened to use force in order to prevent is imminent death or his great bodily harm.”

Armstrong’s attorney, Jon Weiffenbach, told ABC7 Monday that the charges will be dismissed as soon as the court enters an order. “For all intents and purposes, this case is over,” he told ABC7 via email.

According to the arrest report, a 911 call was logged around 8 p.m. from the Sunny Shores Mobile Home Park on 116th Street West.

According to the Manatee County Sherriff’s Office, an argument broke out between Armstrong and his girlfriend, Caitlin Lipke, 33, at their home in the park.

Lipke left the residence and met two men, Cole Banyas and Dylan Taylor, who used a golf cart to accompany her back to the home so she could retrieve her dog and personal items.

The arrest report noted Banyas and Taylor were both armed with “a myriad of weapons, including long guns and pistols.”

When they arrived, deputies say another argument ensued and Armstrong had armed himself with a shotgun.

Banyas and Taylor told deputies Armstrong began shooting at them and they retuned fire, sending 9 to 10 rounds toward Armstrong and the house. Lipke is shot in the chest during the melee, deputies noted, saying in their report “she may have inadvertently been hit by Dylan while he was trying to protect her from Kevin.”

Lipke and her friends retreated on the golf cart to a nearby intersection where they called 911.

Armstrong filed a motion to dismiss the charge Sept. 16. In that motion, Armstrong said one of the two men with Lipke phoned him, saying they were coming to retrieve Lipke’s belongings, “and if he didn’t cooperate they were going to kill him,” the motion says.

After arming themselves, they drove a golf cart to Armstrong’s home. Lipke shoved Armstrong, “and Cole Banyas and Dylan Taylor displayed their firearms in a threatening manner while still in the golf cart.”

As Likpe walked toward the golf cart, Armstrong fired a single shotgun blast into the air as a warning. Taylor then returned fire, striking Likpe in the breasts and unloading the rest of the magazine into Armstrong’s house, shooting Armstrong in the foot.

The motion to dismiss argued Armstrong had the right to defend himself “against the alleged victim’s imminent use of unlawful force OR to prevent the commission of a forcible felony.”

The motion also argued the burden of proof is on the state to prove by “clear and convincing evidence” that a defendant is not entitled to full immunity. It also argues “the court may not deny a motion simply because factual disputes exist.

“Wherefore, because the defendant acted in self-defense as set forth herein, he is immune from prosecution based upon the Stand Your Ground law and this case must be dismissed,” the motion concluded.