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Charges uncertain in stabbing death

Officials are reviewing a new law that allows a threatened person to meet force with force.

By SHANNON COLAVECCHIO-VAN SICKLER
Published December 9, 2005

TAMPA - In deciding whether to charge the Tampa paralegal who fatally stabbed a 21-year-old man during a brawl Wednesday night, detectives and Hillsborough prosecutors are examining a new state law that allows people who feel threatened to meet force with force.

The so-called deadly force bill provides legal protections to a person attacked at home or in "any other place where he or she has a right to be."

It also does away with a common-law duty to retreat in the face of attack. A person being attacked has "the right to stand his or her ground and meet force with force," under the law that went into effect Oct. 1.

But does that law apply to James Behanna, the 36-year-old paralegal who police say stabbed and killed Robert Mears? Or should Behanna be charged in Mears' death?

As of Thursday night, authorities were undecided.

"We're closely reviewing the new law and this case and deciding whether the law applies," said Tampa police spokeswoman Laura McElroy. "We're being very careful, because this law is so new."

Detectives met Thursday with prosecutors in the State Attorney's Office, and they continued interviewing witnesses and other people involved in the case, she said.

They hope to reach a decision by today. Investigators say the confrontation between Behanna and Mears was preceded by a fight between Mears and Mears' friend, 38-year-old Patrick Waterkotte. Mears was upset with Waterkotte over "some property of his that got damaged," McElroy said.

Keith Guinn, 37, one of Mears' neighbors, said Mears came home Wednesday to the apartments at 7908 N Florida Ave., where he has lived for about a month, and found personal belongings, including his skateboard and guitar, had been destroyed.

"He was really emotional over that guitar," Guinn said. "He didn't let too many people touch it."

Mears got into a fistfight with Waterkotte, and kicked Waterkotte in the head with a steel-toed boot, McElroy said.

Then he crossed the street to the parking lot at 8002 N Florida Ave., a law office. Property records show it is owned by attorney Aida Rodriguez, Behanna's wife of 10 years. It is next door to the home of Behanna and Rodriguez.

A woman at the law firm asked Mears to leave, but he refused. Behanna confronted Mears and the two began shoving each other, according to police.

The fight escalated. There was a pursuit. Guinn said Behanna was chasing Mears.

The fight ended two blocks away, where Behanna pulled out a pocketknife and stabbed Mears, McElroy said. Mears, who recently moved to Tampa from Pittsburgh with his girlfriend, died on the way to St. Joseph's Hospital.

"If you feel threatened by a man, you don't run after him," Guinn said, rejecting the notion that Behanna was justified in stabbing Mears.

Waterkotte, who also lived in Pittsburgh until recently, was treated and released from St. Joseph's. He could not be reached Thursday.

Calls to Rodriguez's law office were not returned. When a reporter went to the office, an unidentified man walked out to the parking lot and said Rodriguez and Behanna were not ready to comment.

Hillsborough court records show Behanna was charged in October 1989 with carrying a concealed weapon, but the state ended up dropping the charge. The case file was destroyed in 2003, so details of the charge remain unclear.

Times staff writer Rebecca Catalanello contributed to this report. Shannon Colavecchio-Van Sickler can be reached at 813 226-3373 or svansickler@sptimes.com

[Last modified December 9, 2005, 01:18:14]