JACKSONVILLE, Fla. — A judge has rejected a local Marine's claim that she is immune from prosecution for a 2011 murder because of Florida's "stand your ground" law. The legal team for Callie Adams said they will appeal the judge's ruling.
Callie Adams says her husband Rodney Adams repeatedly punched her in the face, and she felt compelled to shoot. The incident happened outside Soho Nightclub in Arlington.
"And someone asked me in the crowd 'was he OK,'" Adams testified in April. "'And I say 'no, he's hitting me and I shot him.'"
Adams said she feared for her life, and tried to claim the "stand your ground" immunity from prosecution. Judge Adrian Soud said he reviewed her testimony and compared it to that of other witnesses. He also reviewed the physical evidence in the case and considered what he called the "violent and sometimes dangerous" nature of Adams' marriage.
"The totality of the circumstances and the evidence presented in this court prohibit the defendant from establishing her burden at this stage of the proceedings," the judge said during the hearing.
Adams' legal team said they were encouraged by Soud's statement that the issue of "stand your ground" immunity is a different question from whether Adams would prevail during a trial.
"We're hopeful that resolution will be in our favor, but if not, Ms. Adams is at a point where she is ready to take this case completely to the end and to trial," said Rhonda Peoples-Waters, a defense attorney for Adams.
Eric Friday, co-counsel for Adams, said the larger question of whether the defendant should have the burden of proof in "stand your ground" hearings is being considered by higher courts, and will be a factor in their appeal.
"The Legislature did not authorize the burden of proof to be on the citizen," Friday said. "The only thing the Legislature authorized is the burden of proof is on the state."
Trial proceedings are on hold, pending the outcome of the appeal. It will likely be filed within 30 days.
WJAX
