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'Excusable homicide' makes a free man

"I didn't think I was going to walk from this," said Lawrence Storer, acquitted of manslaughter.

By CARRIE WEIMAR, EMILY NIPPS and ALDO NAHED
Published August 4, 2006

	[Times photos: Joseph Garnett Jr.]
	Lawrence Storer, in glasses, hugs his lawyer John Fitzgibbons in front of Storer's downtown Tampa restaurant, Sumos Thai Cafe, Thursday afternoon. A jury deliberated for almost five hours over two days before finding Storer not guilty of manslaughter in the death of a man who robbed him. Kay Klein, in the background, also worked on Storer's defense team.
	Pong Trisrivirat, 13, tapes a copy of Thursday's edition of tbt* on the front door of his family's restaurant, Sumos Thai Cafe in downtown Tampa. Pong is the stepson of Lawrence Storer, who was on trial for the death of Shantavious Wilson. Storer said he's eager to get on with his life.
	It's Your Times: Do you agree with the jury's decision? Sue Carlton: Storer case shows why we use juries, not computers Storer: 'My first thought was death' 'I believed the police were on the way,' restaurant owner says Trial opens in robber's slaying

TAMPA - Cheers and homemade banners greeted Lawrence Storer as he returned to his restaurant a free man Thursday afternoon.

"Each moment is becoming more real," said Storer, 36, as a stream of friends and customers stopped by his Sumos Thai Cafe, 301 E Twiggs St., to offer congratulations.

The impromptu celebration broke out just minutes after a jury found Storer not guilty of manslaughter in the death of 24-year-old Shantavious Wilson.

"I am free," Storer said, as passers-by pumped their fists or honked. "I don't have to live under a microscope anymore."

Meanwhile, Wilson's father, Augustus, returned to his Tampa home and popped several Aleve tablets. The constant headache he has suffered since his son's death in 2003 was pounding.

His son may have robbed Storer, but he didn't deserve to die, Wilson said.

"He took my son," Wilson, 46, said of Storer. "It wasn't my son's time. He got a judge. He got a jury. My son didn't get any of that."

In the end, a provision of Florida law that permits homicide under extreme circumstances spared Storer from a guilty verdict and a potential 15-year prison sentence.

Florida law says homicide is excusable when it occurs by "accident or misfortune in the heat of passion, upon any sudden or sufficient provocation."

Storer's lawyer, John Fitzgibbons, said his client's situation perfectly matched the definition of excusable homicide.

"The main thing we wanted to demonstrate to the jury is that this is an ordinary, hardworking citizen who was confronted with a sudden, horrific situation and acted out of character," Fitzgibbons said from his law office Thursday afternoon.

Juror Andrew Thornton, who works in patient transport for Tampa General Hospital, said he found Fitzgibbons' argument convincing.

"We felt the homicide was excusable," Thornton said. "Not justifiable, excusable. We believe he meant to hit him. We believe he did not mean to kill him. We figured at 20 mph, he probably figured he'd knock him to the ground, but didn't think it would be enough impact to kill him."

The panel of four men and two women deliberated for almost five hours over two days before returning the not-guilty verdict. Thornton said there was never much doubt they would reach a unanimous decision.

"One person was glad we waited until the next day," he said. "We were kind of there Wednesday night. But he had some doubts that were laid to rest when we went through all the evidence and looked at everything carefully again."

By Thursday morning, the jury was 100 percent certain they had reached the correct verdict, Thornton said.

Storer said he didn't know what to expect as Circuit Judge Barbara Fleischer summoned everyone back to the courtroom at 10:50 a.m.

"The prosecution had a valuable argument to make," he said. "I didn't think I was going to walk from this."

Storer showed no emotion as the clerk read the not-guilty verdict. But his tears began to flow as he sat down next to his lawyer. Fitzgibbons leaned over and patted him on the back.

"You're free to go," Fleischer told Storer as the jurors left the courtroom.

Assistant State Attorney Jalal Harb said he was disappointed but not completely surprised by the verdict.

"I respect what the jurors did," Harb said. "I think they gave it their best shot."

Storer was sitting in his Ford Explorer outside his downtown restaurant on the night of Oct. 29, 2003, when Wilson thrust a gun at him and demanded money.

The big, silver gun later turned out to be a pellet gun.

Storer said he was scared Wilson was going to kill him and pleaded for his life. Wilson ran off with $15.23 in change from the restaurant as Storer dialed 911.

Then Storer climbed back into his Explorer and chased Wilson. The pursuit ended on Polk Street. A surveillance tape showed Storer leaning over Wilson's lifeless body, pointing a finger at him.

Fitzgibbons said his office has been besieged with calls from people offering their support for Storer.

"I think a lot of people are fed up with crime," Fitzgibbons said.

But Hillsborough County State Attorney Mark Ober said he was obligated to follow through on the charges.

"It was a case that needed to be tried," Ober said. "The message that it sent is the law places a high value on human life, and citizens need to be ever so cautious before they take a life."

Florida is one of a handful of states with an excusable homicide provision, said Robert Batey, who has taught criminal law at Stetson University College of Law since 1977.

Excusable homicide is different from justifiable homicide, Batey said. For example, if Storer had shot Wilson during the robbery, it could be called justifiable, he said.

"Even the defendant wasn't arguing that he was justified in doing this," Batey said. "In this case, you're saying you're sorry you did it, but you have some extenuating circumstances."

The jury's verdict should not be interpreted to mean robbery victims can take the law into their own hands, Batey added.

"All they're saying is, we're sorry he did it but we don't think he should be punished to the fullest extent of the law," he said.

Storer said he's eager to get on with life with his wife, 13-year-old stepson and 3-year-old daughter. His restaurant will be open for lunch today.

As for Augustus Wilson, he'll put away his son's prized Michael Jordan baseball card and try to move on.

"It's not the verdict I wanted," Wilson said. "But there's really nothing I can do about that."

Times staff writer Sue Carlton and staff researcher Cathy Wos contributed to this report. Carrie Weimar can be reached at cweimar@sptimes.com or (813) 226-3416.

[Last modified August 4, 2006, 05:32:35]