The guy who got shot shows up at someone's home and tries to enter. Is told to leave by comes back and tries to enter again. This time the armed homeowner told him to leave. He made a move toward the homeowner and was shot, but not killed.
[Assistant State Attorney Manny] Garcia said [the-guy-who-got-shot's] blood-alcohol level was more than 0.30 percent. Drivers are presumed intoxicated at 0.08 percent.That is a few cocktails.
The family, as I said, doesn't like the law. Go figure.
Pasco County Sheriff's Office deputies initially arrested Stewart on an aggravated battery charge, but prosecutors with the Pasco-Pinellas State Attorney's office have declined to prosecute him.You make a threatening move toward me you are a threat. I don't care if you are big or small. (The family says he was smaller than the homeowner.... I be Bruce Lee was smaller than the homeowner too...)
Assistant State Attorney Manny Garcia said the investigation determined that Stewart shot Kuch because he believed Kuch presented an imminent danger to him and his family.
Anyway, sanity ensued and the case has been dropped. Because self-defense is your legal right in Florida.