Felix Vega, WFL, Prosecutor discussed on AM Tampa Bay

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AM. Tampa Bay on Thursday August second Ryan Gorman in for Jack. Harris with Aaron Jeff and Katie coming up in a second we're going to get to nine seventy WFL a legal analyst Felix Vega but I, I mean, going to Dan, in Brandon. On line, one real quick. Dan how are you Yeah the Val Kilmer thing, Tampa comment, more, about him being in the top gun that they're working on right now so top qualifies, Comecon yeah, because you got to realize this is really, should, be called pop culture convention TV's fan. Art even that relates to the movies and TV and fan art and. Anybody who's, a writer writer artist literally any person ever on earth could be, a, part of Comecon Pretty much Back Turkey you. Want it doesn't really matter. It just the idea that just pop culture. Anything got. It all. Right that makes a lot more. Sense, Dan thank you for clearing that. Up let's go to the hotline. Joining the show is nine seventy WFL a legal analyst Felix Vega. Felix how's it going Good morning guys thanks for joining us so. The big story on Friday on PM Tampa Bay we had Pinellas county sheriff Bob Gualtieri and we talked a little bit about the Clearwater stand your ground case and the update from him was that they had not turned everything over to the state prosecutor's office. Yet, they were still conducting their investigation we found out yesterday they now have turned everything over to the. State prosecutor's office kind of step us through what is gonna take place now and what we're when we're likely, to find out what the state prosecutor's office is going to do with this case yeah let's case gotten obviously a lot of a state wide attention and also national attention in the media and so now that the state attorney has the case they're looking at whether or not this is a stand your ground case where? They are not going to. File charges whether or not this is not. A standard. Ground case. By the lawn legal definitions of. We're, gonna walk through in the second. Or are they going to charge. Him go to a grand jury and try and get a first. Degree murder in Dighton versus filing secondary murder or manslaughter charges which. They can do on their own so, those are kind of the big four options that they're looking at we. Saw similarities this with the George Zimmerman case some years ago that we talked about on last Thursday and so if you go to the. Grand jury then you're there's an issue with terms of your whether or not the grand jury will decide whether or not this self defense or they just second-degree murder charge and then battled out in court and stand your ground motions or ultimately in a trial. They, can assert the defense can assert self defense ultimately so they're looking at the strength of the case. Are gonna look at that video that piece of evidence because we actually have a video recording of what actually, happened so they need to square that against witness statements what was going on time that Michael Drako was approaching the vehicle and was confronting McLachlan's girlfriend about being in the parking space so, they're gonna square all the evidence to take a fresh look at everything through the legal out so we're moving from You? Know what are not they can tell your probable cause but you, still have to have in order to. Arrest the defendant or suspect in this case Mr. Drako or are they. Going to basically say stand your ground and not file charges now you mentioned self-defense what's the difference between. A stand your ground and a self defense this, is a, key thing I kind of broke it, up into three key parts for us to kind of understand it standard ground is part of a larger realm of defense standard ground was basically created in two thousand five as a legal mechanism whereby, you can get your case dismissed before it went to. Trial you would have that many hearing that we call a standard ground hearing some call it a mini trial so that was part of the mechanism that was changed. And also they change it where it's an extension. Of where you always have the right to defend yourself in your own home this brought senior ground in the castle doctrine that. We call it in legal terms outside each of the streets in any place you're the waffle right. And so that's what Stand your ground became basically, taking what your to defend yourself in your own home out into the everyday life that you leave your confronted so in two thousand ten they, had to basically figure out how do? We stand your ground, hearing they changed the law again and so that became the stand? Your ground part of self. Defense now when you hear the standard around hearing with the way it used to be and. So two thousand seventeen every defense would have to prove. That they were standing their ground right now basically your motion it's still up in the air whether it's gonna require evidence from the defendant. But then the burden shifts over to the prosecutors and raise the burden to clear and convincing evidence it's. One step below reasonable doubt so now the state has. To prove that you're not defending yourself walkway defending yourself at that hearing the motions deny you can still cert- self defense at. Trial and it's still part of the ground mentality and that's where the jury instructions come in so those are the three parts. To stand your, ground? And self defense and Final question for you real quick Felix how long do you think. It's going to take if they're going to be up to prosecutors to see if they're going to want. A, probably take, sworn statements on their own from, all the witnesses that were involved look at, the video you know in my old office where I used to work in Hillsborough county we had. A homicide committee overfeed, these cases. Yup you own a big group of your senior prosecutor so it's. Going to depend. On their process they haven't been, infidels county as weeks it could be while, nine seventy WFL a legal analyst Felix Vega, thanks so much for joining us this morning. You got afternoon more and Tampa Bay coming.

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