Jury will learn of prior robbery by victim
By COLLEEN JENKINS
Published July 27, 2006
TAMPA - Where prosecutors saw gray, Circuit Judge Barbara Fleischer said she saw clear-cut direction from a state appeals court.
For Tampa restaurateur Lawrence Storer to argue that it was "excusable homicide" when he killed a man after being robbed at gunpoint, he needs to prove that he acted in the heat of passion and had been provoked, the judge said.
For that reason, Fleischer said Wednesday that she would allow defense attorney John Fitzgibbons to introduce evidence about a previous robbery involving Shantavious Wilson.
But the judge will keep Fitzgibbons on a short leash. "The evidence is going to be presented in a very tight way," she said.
Next week, Storer goes on trial, accused of manslaughter. Jurors will be asked to decide whether it was self-defense or vigilantism that prompted the 35-year-old operator of Sumos Thai restaurant to run down Wilson with a Ford Explorer in October 2003.
Wednesday, Fitzgibbons also asked Fleischer to consider giving jurors an instruction that says a citizen has a common law right in Florida to apprehend a person who commits a felony in his presence and use deadly force to prevent the felon's escape.
But prosecutor Jalal Harb said Storer didn't know that Wilson, 24, had a criminal record when the restaurant operator decided to chase Wilson after being robbed of $15. Wilson's weapon turned out to be a pellet gun.
Storer's trial was delayed in February 2005 after the state appealed Circuit Judge Rex Barbas' ruling that jurors could hear of Wilson's participation in a nighttime robbery of an Asian woman at a MacDill Avenue laundry in 1998.
The 2nd District Court of Appeal didn't think the rules of evidence would allow Fitzgibbons to paint Wilson as a habitual robber who targeted Asians.
But the court did see fit to allow evidence that related to an excusable homicide defense, which Fitzgibbons confirmed Wednesday he will use.
Fleischer said the defense attorney can't mention the prior criminal act during opening statements. He must alert the judge before mentioning it during trial. The judge said she would preview the testimony and wouldn't tolerate an emotional breakdown from the 1998 victim that might prejudice the jury.
Fitzgibbons also can't tell jurors his client has no prior criminal record, that Wilson had other arrests on his record or that police found a woman's missing debit card on Wilson at the crime scene.
If Storer is convicted, he could receive up to 15 years in prison.
Colleen Jenkins can be reached at 813 226-3337 or cjenkins@sptimes.com.