Judge to decide 'Stand Your Ground' case in Bradenton

BRADENTON -- A judge will consider whether to dismiss manslaughter charges against a Bradenton man based on a Stand Your Ground defense.

Jared Lakes, 28, is charged with manslaughter with a firearm for the fatal shooting of Shawn McCoy, 28, in front of Lakes' residence in the 600 block of 25th Avenue West. Lakes is out on $200,000 bond while he awaits trial.

Defense attorney Peter Lombardo argued before Circuit Judge Deno Economou that Lakes acted in self-defense and should not be prosecuted under Florida's Stand Your Ground law.

Lack of time in September and October forced the hearing to be concluded Friday morning.

"It's taken three days to hear this so it's going to take me some time to read through the records and my notes," Economou said.

Economou said it would take him a few weeks before he issues his ruling.

The defense has said McCoy came to drop off their children July 12, 2014, at the home where his estranged wife lived with Lakes. McCoy began arguing with his wife, the two men exchanged words and a fight ensued, according to Lombardo.

Moments later, the defense claims McCoy grabbed a knife and told Lakes he would kill him.

Lakes went outside, McCoy followed him still holding the knife and started punching Lakes.

Lakes told detectives he feared for his life so he got his gun out of the back of his car and shot McCoy dead.

The Stand Your Ground defense places the burden of proof

on the defense.

The final witness called was Bradenton police detective Jeff Buckley. During his testimony, a video recording of Lakes' interview with Buckley and former Manatee County Sheriff's Office homicide detective John Kenney was played. The detectives tell him witnesses are not saying the knife was brought outside.

"When did you decide to get the gun?" Kenney asked.

It was suggested Lakes could have called the police or walked away from the fight.

"My intention was not to kill him but to stop him from battering or assaulting me," Lakes said.

Kenney said fear of being battered did not rise to the level of using lethal force justifiably.

"Were you going to die tonight? Were you going to die tonight?" Kenney demands moments later in the video questioning.

Silence followed.

"You know why you ain't saying nothing, because the answer is no," Kenney said.

Lombardo later argued Lakes didn't do anything illegal and he needed only to be in fear of death or great bodily arm for his Stand your Ground defense to work.

"Under Stand Your Ground, Jared doesn't have a duty to make sure the person is armed. He doesn't have the duty to walk down the street," Lombardo said.

Assistant State Attorney Justin Phillips said he didn't think McCoy having a knife would arise to fear of death or great bodily arm.

"It's not even an aggravated assault to have it on him," Phillips said.

Jessica De Leon, Herald law enforcement reporter, can be reached at 941-745-7049. You can follow her on Twitter @JDeLeon1012.

This story was originally published January 8, 2016 at 11:52 PM with the headline "Judge to decide 'Stand Your Ground' case in Bradenton."