Appeals panel ruling in stabbing may free man to see baby

By COLLEEN JENKINS, Times Staff Writer
Published December 11, 2007

TAMPA - James Behanna missed the birth of his son after a judge sent him to prison one year ago for fatally stabbing a man.

But an appellate court's reprieve should allow him to spend this holiday season with his baby and family.

On Monday, three days after the 2nd District Court of Appeal reversed his manslaughter with a weapon conviction, a circuit judge set Behanna's bail at $15,000.

He was expected to be out of jail by today, but he is not completely free.

The appeals court's opinion isn't final for 30 days, and a prosecutor announced Monday that the state Attorney General's Office will seek a rehearing.

Assistant State Attorney Kyle Pennington said it was "way too early" to comment on whether his office will retry Behanna.

"We're taking it a day at a time at this point," said James Felman, Behanna's attorney.

Behanna, 38, was a paralegal with no criminal record before an encounter with a stranger changed everything.

On Dec. 7, 2005, 21-year-old Robert Mears Jr. walked onto the N Florida Avenue law office property of Behanna's wife. After ignoring repeated requests to leave, he tussled with Behanna.

The two men continued fighting down a side street. Behanna said he stabbed Mears twice after the man choked him and threatened to kill him.

At Behanna's trial last year, jurors considered, then rejected, his claim of self-defense under Florida's "stand your ground" law. The law allows people to meet force with force when they feel threatened.

Last week, three appeals judges wrote that Hillsborough Circuit Judge Daniel Sleet should have allowed jurors to hear that Mears had badly beaten his roommate minutes before arriving at the law office.

The appellate panel had already ordered Sleet to grant Behanna a reasonable bail, citing his significant grounds for appeal.

Sleet did so in a quick hearing Monday morning. Afterward, Behanna shook his attorney's hand and smiled.

Colleen Jenkins can be reached at cjenkins@sptimes.com or 813 226-3337.

[Last modified December 11, 2007, 12:08:53]