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'Stood ground' defense falls flat

A jury decides a new law doesn't apply in a fatal stabbing.

By COLLEEN JENKINS
Published October 27, 2006

TAMPA - A Hillsborough County jury considered, then rejected, the "stand your ground" law Thursday as a defense for a paralegal who fatally stabbed another man.

Jurors found James Behanna, 37, guilty of manslaughter with a weapon after hearing that he tussled with Robert Mears Jr., 21, on Dec. 7, then followed him off Behanna's property and pierced his heart with a pocketknife.

Prosecutors said the verdict sent a clear message about the year-old law, which allows individuals to meet force with force when they feel threatened in any place they have a right to be.

"Stand your ground," Assistant State Attorney Kyle Pennington said, "is a lot different than chasing someone down."

Moments before the verdict, Behanna's mother fell ill outside court and was taken away in an ambulance. Defense attorney Ronald Cacciatore said she had a heart attack.

Circuit Judge Daniel Sleet set Behanna's sentencing for Dec. 4 and gave him until 5 p.m. today to turn himself in so he could tend to his mother. He faces up to 30 years in prison.

In closing arguments Thursday morning, Cacciatore reminded jurors that Mears refused to leave Behanna's property on N Florida Avenue and then threw Behanna to the ground.

As Behanna followed Mears off the property and tried to detain him for arrest, Mears turned around and choked him, Cacciatore said. Behanna stabbed Mears to get free, the defense attorney said.

But prosecutor Pennington told jurors the "stand your ground" law didn't apply, because Behanna could have gone into his office for safety instead of pursuing Mears.

[Last modified October 27, 2006, 00:32:31]