Change to ‘Stand Your Ground’ law taking center stage in murder trial

Changes made to Florida’s “Stand Your Ground” law are taking center stage in the case against a Bradenton man charged with the October 2015 fatal shooting of another man.

Juan Carlos Ramirez, 32, is charged with second-degree murder in the death of Jose Luis Mendoza Aguilar, 48. He was scheduled to stand trial beginning Monday when the defense told the court they wanted to argue to have the charges dismissed based on the “Stand Your Ground” law.

On Friday, Gov. Rick Scott signed SB 128 into law, and effective immediately it shifted the burden from the defense to the prosecution in a pretrial hearing claiming a “Stand Your Ground” defense.

Now Circuit Judge Susan Maulucci is deciding whether Ramirez was justified in shooting and killing Mendoza Aguilar in self-defense under the new changes to the law.

Bradenton Police were called to the corner of 23rd Street East and Sixth Avenue Drive East to reports of a shooting. Mendoza Aguilar was found suffering from multiple gunshot wounds and taken to Blake Medical Center, but he died a few hours later during emergency surgery.

Mendoza Aguilar was known as “the ice cream man” in the east Bradenton neighborhood of Manatee Trailer Park, where he sold ice cream and other snacks from his bicycle. Witnesses told detectives that the two men had a confrontation leading up to Ramirez shooting the victim.

But during a daylong hearing Tuesday, defense attorney Richard Reinhart didn’t argue that Ramirez had not shot Mendoza Aguilar. Instead, Reinhart argued that Ramirez was in fear for his life because the victim was about seven inches taller than him and outweighed him by more than 100 pounds.

“The laws says you don’t have to retreat if you are attacked but the defendant was not attacked,” Assistant State Attorney Brian Chambers.

On the day of the shooting, Ramirez testified Tuesday with the aide of a Spanish translator that he first encountered the victim when he went to pay one of the workers from his construction business. He alleged that Mendoza Aguilar had been arguing with his worker’s wife saying that he was still owed money for ice cream. Ramirez said he told him to leave.

But when Ramirez left to go pay another worker he was stopped and offered a beer by friends, he said. Ramirez was at the home of David Lloyd, where a barbeque was going on, when Mendoza Aguilar arrived about 10 minutes later.

“I told him that I didn’t want any problems,” Ramirez recalled.

But when he brandished his pistol, it didn’t stop Mendoza Aguilar from approaching him. Ramirez claimed the victim was armed with a club, when he fired a warning shop. That still did not deter Mendoza Aguilar, and Ramirez eventually shot him.

“I was in fear for my life,” Ramirez said.

But Chambers asked then why he had stomped on the victim’s face. Ramirez denied that and later couldn’t recall what happened to the club.

Maria Pineda Diaz testified with a Spanish translator about the confrontation that she saw ensue between Ramirez and Mendoza Aguilar. Despite running inside with her daughter after the warning shot was fired, she later saw the victim shot through a bedroom window.

Diaz, like other witnesses called to testify Tuesday, did not recall seeing Mendoza Aguilar armed with a club.

Another witness, Victor Aquino, was questioned about his prior knowledge of the victim. Aquino recalled being told that the victim had previously disrespected Ramirez’s wife, but couldn’t remember who had made the comment.

But Reinhart argued that Ramirez was not legally married.

Maulucci said she would issue a written order once she has made a ruling. In the interim the trial has been delayed to the two-week trial period that begins Oct. 23. Ramirez is next scheduled to appear in court at 9 a.m. Oct. 10 for a docket sounding hearing.

This story was originally published June 13, 2017 at 6:26 PM with the headline "Change to ‘Stand Your Ground’ law taking center stage in murder trial."