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Gregory LaCerra Broward County Sheriff Stand Your Ground Defense

The document is an order from a county court in Broward County, Florida regarding a motion to dismiss criminal battery charges against Gregory Lacerra. The order finds that Lacerra, a law enforcement officer, is entitled to assert immunity from prosecution under Florida's Stand Your Ground law. After a two-day evidentiary hearing, the court heard testimony from witnesses and reviewed video evidence. The court made findings of fact that in the years leading up to the April 18, 2019 incident, there was increasing violence and criminal activity at a shopping plaza when students were let out of a nearby high school each day. Law enforcement had responded to over 100 calls and several officers testified about assaults and hostile encounters they had experienced there.

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Michelle Solomon
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0% found this document useful (0 votes)
297 views19 pages

Gregory LaCerra Broward County Sheriff Stand Your Ground Defense

The document is an order from a county court in Broward County, Florida regarding a motion to dismiss criminal battery charges against Gregory Lacerra. The order finds that Lacerra, a law enforcement officer, is entitled to assert immunity from prosecution under Florida's Stand Your Ground law. After a two-day evidentiary hearing, the court heard testimony from witnesses and reviewed video evidence. The court made findings of fact that in the years leading up to the April 18, 2019 incident, there was increasing violence and criminal activity at a shopping plaza when students were let out of a nearby high school each day. Law enforcement had responded to over 100 calls and several officers testified about assaults and hostile encounters they had experienced there.

Uploaded by

Michelle Solomon
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
You are on page 1/ 19

Filing # 115121525 E-Filed 10/16/2020 03:13:20 PM

IN THE COUNTY COURT OF THE SEVENTEENTH JUDICIAL CIRCUIT


IN AND FOR BROWARD COUNTY, FLORIDA

STATE OF FLORIDA, CASE NO: 19-007000MM10A


Plaintiff,
JUDGE: JILL K. LEVY
vs.

GREGORY LACERRA,
Defendant.
______________________________/

ORDER ON DEFENDAN MO ION O DI MI , O I : IMM NI FROM


PRO EC ION P R AN O FLORIDA AND O R GRO ND LA

THIS CAUSE having come before the Court on the Defendant s Motion to Dismiss, to

wit: Immunity from Prosecution Pursuant to Florida s Stand Your Ground Law; Fla. Stat. 776.012

and 776.032 and the Court having reviewed the Motion and the Court file, having taken testimony,

having received evidence and having heard legal argument, and otherwise being fully advised in

the premises, finds as follows:

1. Defendant, Gregory Lacerra ( LACERRA ) is charged b Information with one (1)

count of Battery for events that took place on April 18, 2019. Count II charges

LACERRA with committing battery on Delucca Rolle by throwing Mr. Rolle to the

pavement in violation of Florida Statute 784.03(1)(a)1 & (b). Count I was nolle prossed

by the State.

2. On the date of incident, April 18, 2019, LACERRA was working in his official capacity

as a sergeant for the Broward Count Sheriff s Office (BSO) within the State of Florida.

Delucca Rolle was a 15-year-old minor who attended Taravella High School as a

student.

1
3. On May 11, 2020, LACERRA filed the instant Motion to Dismiss claiming immunity

from prosecution pursuant to Fla. Stat. 776.012 and 776.032, the Stand Your Ground

Law.

4. Defendant LACERRA, is a law enforcement officer. Pursuant to State v. Peraza, 259

So.3d 728 (Fla. 2018), he is entitled to move this Court pursuant to Fla. Stat. 776.012

and assert immunity pursuant to Fla. Stat. 776.032.

5. Florida Statute 776.012(1) states:

A person is justified in using or threatening to use force, except deadly force, against
another when and to the extent that the person reasonably believes that such conduct
is necessary to defend himself or herself or another against the other s imminent use
of unlawful force. A person who uses or threatens to use force in accordance with this
subsection does not have a duty to retreat before using or threatening to use such
force.

6. Florida Statute 776.032(4) states:

In a criminal prosecution, once a prima facie claim of self-defense immunity from


criminal prosecution has been raised by the defendant at a pretrial immunity hearing,
the burden of proof by clear and convincing evidence is on the party seeking to
overcome the immunity from criminal prosecution provided in subsection (1).

7. An evidentiary hearing was held beginning September 18, 2020 and continued through

September 25, 2020. Over the course of the hearing, the Court heard the sworn

testimony of one (1) State witness and thirteen (13) Defense witnesses. The Court

viewed five (5) videos submitted by the State into evidence and three (3) videos and

five (5) photos submitted by the Defense into evidence.

8. The evidentiary hearing was conducted entirely on the Zoom platform due to covid-19

and the fact that the courthouse was closed for in person hearings. All witnesses

testified utilizing both video and audio capability. As such, the Court had the

opportunity to observe witnesses as they were testifying. The court has taken into

2
consideration the witnesses demeanor while testif ing, the emotions and bod

language exhibited by each witness, whether the witness was honest and

straightforward in answering the attorne s questions, an interest the witness might

have in the outcome of the case, any prior inconsistent statements, whether the

testimony was consistent with other testimony and evidence presented, and the

reasonableness of the testimony in light of all evidence presented. As such, the Court

makes the following findings of fact and conclusions of law:

FINDINGS OF FACT

a. All pertinent events occurred at the Tamarac Town Center Pla a ( PLAZA ), in

Tamarac, Florida.

b. During the 2016-17 school year up to the date of incident in this case on April 18,

2019, there has been an increasing amount of violence in the Plaza and calls to the

police department about students participating in fights, disorderly conduct, theft

and other criminal activity.

c. There was a standing order for all BSO Tamarac deputies to be at the Plaza between

2:30pm and 3:30pm every day when the students got out of school per BSO Deputy

Patrick Keegan.

d. There were over 100 calls made to the police department in reference to violence

at the Plaza during this time period.

3
HISTORY AT THE PLAZA

To say the situation at the Plaza when the students got out of school during the school

year was chaotic and untenable is putting it mildly. BSO Deputy Patrick Keegan was

part of the crime suppression team for Tamarac BSO. He testified that the juveniles

were unrul once school got out and that they routinely converged upon the Plaza.

He was personally involved in an incident in the Plaza where a student threatened to

kick him in the ass as part of a gang initiation. The student charged the deput and

was subsequently arrested. Deputy Keegan made over a total of 100 arrests at the Plaza

during the course of his tenure.

BSO Deputy Kamisha Brown worked off duty detail at the Plaza several times. In

March 2019, she recalls observing about 100 kids in the Plaza. She saw female students

engaged in a fight that she ordered to stop. She then observed male students starting to

fight and tried to break up that fight while waiting for back up. She had to deploy pepper

spray to stop the fight and arrested two (2) people for battery. The crowd was unruly

and disregarded any commands she made. She testified that she would never work that

detail again because of the danger in the Plaza. She called the money she made for this

detail blood mone .

BSO Deputy Erik Blake testified that he worked road patrol in Tamarac for 17 years.

Every day school was in session, deputies had to go over to monitor the Plaza. Deputy

4
Blake personally responded to the Plaza for multiple juvenile disturbances, theft from

Publix, loitering and fighting. Deputy Blake testified that he was involved in two (2)

violent acts committed against him at the Plaza. He was pushed in the chest by a male

student in 2016 and was later cursed at and pushed in the chest by another student at

Publix when he was called to break up a juvenile disturbance.

BSO Deputy Daniel Park worked on the crime suppression team for eight (8) years. He

witnessed man fights and extremel violent activit in the Pla a. Students were

hostile to everyone including patrons. The kids were hostile and aggressive to law

enforcement and would bicker and argue with cops. They would leave one area when

the cops arrived and would go to other areas in the Plaza to fight. He received multiple

complaints from business owners and managers about the students being chaotic and

hostile. Violence in the Plaza had been escalating the past few years but especially in

the six (6) months preceding the April 18, 2019 incident. He was attacked in the Plaza

on October 17, 2018. There were over 100 kids in the Plaza at that time and both he

and defendant LACERRA told the kids to leave. Defendant KRICKOVICH was also

present. One kid told him ou can t tell me what to do. He then grabbed and scratched

Deput Park s arm. Deput Park testified that the situation was so bad at the Pla a that

other police agencies, including Coral Springs PD, North Lauderdale PD and

Lauderhill PD have been called to respond to the Plaza.

Mamie Williams works as a security specialist at Taravella High School and has been

employed by the Broward County School Board since 2005. She also conducted patrol

5
at the McDonald s in the Pla a since 2005. She testified that when she was hired in

2005, everything was calm at the Plaza. During the 2016-17 school year, things started

getting ver bad, especiall at McDonald s. She testified that the kids are generally

ver disrespectful and curse at the police. She has witnessed kids terrori e different

stores in the Plaza including the Dollar Store. She was present on the date of incident,

April 18, 2019, which will be discussed further.

Several employees and business owners testified as to the environment at the Plaza

when students got out of school. Marisol Garcia, an employee at JP Morgan Chase

testified that she has worked in the Pla a next to the McDonald s since June 2016. She

frequently saw kids hanging on people s cars and noticed fights got worse over the

years since 2016. She called Taravella High School many times about students fighting

in the parking lot in the Plaza. She even went to intervene once seeing several kids beat

up on one (1) kid and no one else helped. During the month of April 2019, she saw

groups of over 100 kids at the Plaza frequently. She saw students being aggressive to

the cops, saw a student sucker punch a cop, spit on a cop and threaten cops. Because

of this activity, she would not go outside her office between 2 pm and 4 pm and would

advise customers not to visit the branch during those times. She also was present during

the April 18, 2019 incident, which will be discussed further.

Hal Goldman owns a pharmacy in the Plaza. He testified that he has observed kids

being verbally abusive to cops and he frequently saw well over 50 kids in the Plaza at

6
any one time. He has called the police more than 20 times to complain about juvenile

violence and other criminal acts.

Patricia Drotar works at a restaurant in the Plaza for over twenty (20) years. She

testified that the police are always at the Plaza when school lets out between 2:45 pm

and 3:30 pm and customers generally do not come into her restaurant during those

times. She has witnessed kids being disrespectful, stealing things from her restaurant,

getting undressed and making a scene. She has observed kids in the parking lot being

disrespectful and would rate the level of volatility anywhere from an 8 to a 10 on a

scale of 1-10. She frequently saw mobs of kids outside and many fights. She described

the amount of kids as overwhelming and volatile on April 18, 2019 but did not see

what happened.

In summary, each witness confirmed that the Plaza is a location of substantial peril, an

arena utilized for physical combat between the students and routinely against deputies,

and a location known to all whom testified as a very dangerous place with consistent

and escalating lawlessness and violence abound.

APRIL 17, 2019

Komari Brown was a student at Taravella High School. He testified that he is a friend

of a student named Gar Deirucil ( GD ) and knows Delucca Rolle. He saw a video

on social media about a fight that was taking place at the McDonald s parking lot in

the Pla a on April 17, 2019. This video was admitted into evidence as Defendant s

7
Exhibit 3. His testimony was contradictory as to whether he was actually there or not

on April 17. He originally testified he was not there but then testified that he was there.

He testified that he did not remember who was fighting on April 17. Subsequently he

testified that GD fought someone named Gerby Lafleur on April 17. He testified he

knew Gerby Lafleur was supposed to fight with GD and Delucca Rolle on April 18,

2019. He also testified that Delucca Rolle took off his shirt and got loose to warm up

on April 18. Due to the inconsistencies of his testimony, the Court views this witness

as not credible.

Defendant LACERRA was at the Plaza responding to a call on April 17, 2019. Before

he arrived, he saw the video that was posted on social media of a fight that just took

place at the McDonald s in the Pla a, Def. Exhibit 3. He arrived with co-defendant

KRICKOVICH and spoke to a man whose car was damaged during the fight. (Criminal

Mischief). KRICKOVICH wrote the incident report for the damaged vehicle. Shortly

after, LACERRA got a call about a fight at someone s house where a group of males

was chasing someone with a baseball bat. He was advised a male was breaking

windows of an apartment with the bat. (Armed Occupied Home Invasion Burglary,

potentially a punishable by life offense). Upon arrival, he met with a kid named

Williams who lived in that apartment and GD who was with him. Williams advised

LACERRA that GD knows the kid chasing him with a baseball bat because GD was

just in a fight with him at McDonalds (Aggravated Assault). He said the kid s name is

Gerby Lafleur. Williams showed LACERRA the video of the brawl that was posted on

social media depicting GD in a fight with Gerby Lafleur. LACERRA then showed the

8
video to GD who denied it was he. LACERRA then trespassed GD from the

McDonald s at the Pla a.

Defendant KRICKOVICH is a road patrol deputy for BSO in Tamarac since 2017. He

also worked on the crime suppression unit. He testified that he was aware of the history

of violence at the Plaza from 2016-2019 and was aware of the incidents the other

deputies testified about. In the 2017-18 school year, he received 15-25 calls to respond

to the Plaza for juvenile fights and disturbances. There were always large crowds of

students and adults. It was complete and utter chaos. In the

2018-19 school year his department received 80-85 calls for service at the Plaza, a

sharp increase in calls. He personally responded to 30-40 of those calls that year alone.

On April 17, 2019, he was working road patrol and was dispatched to the Plaza about

2:45 pm for a Criminal Mischief call. He met with the victim who had his car damaged

in a large fight among the students. The victim gave him a picture of a temporary tag

of a car that was involved in the criminal mischief incident. The car was registered to

Gerby Lafleur.

On April 18 2019, he had a conversation with LACERRA and a second co-defendant,

MACKEY, about the April 17 fight not being over and they decided to go to

McDonalds early in the afternoon in unmarked cars to look for Gerby Lafleur. After

seeing the video of the April 17 fight, he knew the situation was potentially dire and

could possibly involve weapons.

9
Gar Dierusil ( GD ) was a 15-year-old student on April 17, 2019. He testified that

after the fight on April 17, eight (8) kids started chasing him. He ran to Williams

apartment and the kids broke the window with a baseball bat trying to get him. On April

18, he went back to the Plaza. He was accompanied by his cousin Quincy who was

there to protect him and although he was not specific about this testimony, he testified

in a prior deposition that Delucca Rolle told him I got ou. No one is going to jump

ou. I got ou bro. GD s inabilit to accuratel recall events was demonstrated b

several prior inconsistent statements. Considering all relevant factors, the Court finds

GD s testimon less than credible. It is also critical to the Court s thinking in this

motion that both LACERRA and KRICKOVICH were aware that GD and the parties

that he was going to fight with at McDonald s were potentially armed and anticipated

a fight.

Delucca Rolle testified that he was present at the fight at McDonald s on April 17 and

did not see any cops. He was impeached with a prior sworn statement when he said he

did see the police.

APRIL 18, 2019

Mamie Williams saw a fight at the Plaza and called the police. No one answered the

non-emergency number so she dialed 911. She saw between 200 and 300 kids. She saw

kids fighting and when one fight ended, another one started. She felt relieved when the

police arrived. She did not see the arrest of GD or Delucca Rolle.

10
Marisol Garcia testified that at 2:45 pm she saw kids running, screaming and pushing

each other to get to the drive through of McDonald s. She saw a circle of kids and a

fight started. There were at least 200 kids. She observed some of them were videotaping

using their cellphones. She observed two (2) cops trying to push the crowd back and

one (1) cop go to those fighting to subdue them.

KRICKOVICH testified that he arrived with LACERRA and MACKAY in separate

vehicles around 2:00 pm looking for Gerby LaFleur. While he was in his car at

McDonald s, he received a call from Coral Springs PD at 2:45 pm that a large crowd

of kids was heading over to the Plaza. He observed around 200 kids arrive.

LACERRA testified that he was looking for Gerby LaFleur based upon the April 17

incident and believed he was coming back to finish the fight. He did not see LaFleur

show up on April 18. He got a call that there was a large group of kids coming from

Taravella and within a minute over 200 kids arrived. This was the biggest crowd he has

seen at the Pla a. He called it total ma hem. He got out of his car and saw

KRICKOVICH get out of his car. Both deputies gave commands for the crowd to

disperse. Both deputies were wearing their police issued tactical uniforms. The kids

eventuall dispersed and went to a different location at the east side of the McDonald s.

Deputy Joseph Cona, a 19-year road patrol deputy for BSO in Tamarac, testified that

he was at lunch at 3:00 pm on April 18 when he heard LACERRA on the radio. His

voice sounded like he was in distress and needed back up immediately. He has never

11
heard LACERRA sound like that in the 19 years he has known him. He arrived at the

scene after the incident with GD and Delucca Rolle.

LACERRA saw GD at the McDonalds, who he trespassed the day before. He grabbed

GD s shirt and put him on the ground to arrest him for Trespass. KRICKOVICH then

came over, kneeled on the ground to put handcuffs on him, and effectuated the arrest.

While GD was being arrested, his cellphone fell out of his pocket onto the ground.

Several students started coming over. A female student bent down to pick up the phone.

LACERRA then kicked the cellphone awa and it landed near Delucca Rolle s feet. A

crowd had now gathered surrounding the deputies. LACERRA gave a command and

pointed to the group of kids Delucca Rolle was standing with. He gave a lawful order,

Don t come over here or ou re going to be spra ed, don t come over here at all.

LACERRA was holding his hand up with the pepper spray in it while making this

warning. A male student then bent down to grab the phone and LACERRA pushed him

back. Notwithstanding the direct order to back up, another student being pushed back,

a can of pepper spra in LACERRA s hand, and the threat of being pepper spra ed,

Delucca Rolle bent down to grab the phone. LACERRA pushed Delucca Rolle away,

which knocked him off balance. When Delucca regained his balance, the Court finds

that Delucca bowed up and bladed his body, and that he had an angry look on his face.

The other students LACERRA pushed away walked away without further interaction.

However, Delucca Rolle did not walk away. He stood up to LACERRA and

LACERRA utilized his pepper spray on him to diffuse the situation. LACERRA s

intent was to arrest Delucca Rolle for Assault on a Law Enforcement Officer. He

12
grabbed his backpack and pushed him to the ground. At that point, LACERRA S

contact with Delucca Rolle ended.

KRICKOVICH testified that once he arrived at this group of kids at the McDonald s,

he told the group of kids to disperse and walked over to assist LACERRA in GD s

trespass arrest. The crowd was loud, agitated and getting closer to the deputies. He

heard LACERRA tell the kids if they came over there they would be sprayed. While

he did not see what was happening behind him while he was handcuffing GD, he saw

the cellphone sliding on the ground. He started looking behind him and noticed the

cellphone on the ground and the crowd behind him. He then saw someone bend down.

This person was Delucca Rolle. KRICKOVICH got out of his crouched position when

he saw Delucca moving behind him. He saw Delucca in a bladed position, bowed up

and a grimaced look on his face. He observed his fist clenched. His first thought was

that LACERRA was going to be hit. He saw LACERRA pepper spray Delucca and

then he picked up the cellphone to give to co-defendant MACKEY and went to assist

LACERRA. He described the crowd as yelling and screaming, it was chaos. He said,

the scene blew up. He saw LACERRA taking Delucca to the ground and testified

that he needed to get on top of Delucca immediately. He testified that he attempted to

put his hands on the back of Delucca s head and neck and the slipped off. He tried to

reposition his hands on the back of his head and pushed down on Delucca s head onto

the ground to get control. He testified that Delucca was pushing up and actively

resisting.

13
Delucca put his right arm under his head and MACKEY attempted to grab Delucca s

left arm to get him into custody. Delucca swung his left arm away and KRICKOVICH

testified that he utilized a distractionary technique to gain compliance by striking

Delucca s head once. He testified that the distractionar technique worked and Delucca

was placed into custody.

Delucca Rolle testified that he was in front of the McDonald s at the Pla a on April 18,

2019 waiting to be picked up by his mom after school. He saw the crowd at the Plaza

was bigger than normal. He saw the police and was standing away from the crowd

when GD was arrested. He started walking back to the McDonald s parking lot as GD

was being arrested. He saw the cellphone on the ground and bent down to pick it up.

As soon as LACERRA pushed Delucca awa from the phone, he said Don t fucking

touch me to LACERRA. He does not remember if he made a fist after LACERRA

pushed him away from the cellphone. Although in a prior sworn statement, he

responded that it was plausible that he did make a fist. After he was pepper sprayed, he

does not remember what happened. He testified that he was not warming up for a fight

on April 18 and he was not there to fight although he admitted he has fought before at

the Plaza and posted a video of such. He was impeached several times concerning three

(3) separate arrests he received, including this case, and the resolution of each case. He

also testified that he did not see the police at the April 17, 2019 fight at McDonalds but

was impeached by his prior sworn testimony from the MACKEY trial and a prior sworn

statement made to the State Attorne s Office. Considering all relevant factors, the

Court finds Delucca Rolle s testimon to be less than credible.

14
LEGAL ANALYSIS ON THE APPLICATION OF THE LAW

The Court finds that the use of force used by LACERRA and KRICKOVICH on

Delucca Rolle was non-deadly. Florida Statute 776.012(1) sets out the justifiable use

of non-deadly force and reads:

A person is justified in using or threatening to use force, except deadly force, against
another when and to the extent that the person reasonably believes that such conduct
is necessary to defend himself or herself or another against the other s imminent use
of unlawful force. A person who uses or threatens to use force in accordance with this
subsection does not have a duty to retreat before using or threatening to use such
force.

F.S 776.012 and Cruz v. State, 971 So.2d 178 (Fla. 5th DCA 2007) The proper focus is

on the nature of the force used by the defendant and not the end result. Deluge v. State,

710 So.2d 83 (Fla. 5th DCA 1998)

Once a prima facie claim of self-defense immunity from criminal prosecution has been

raised by the defendant at a pretrial immunity hearing, the burden of proof is on the

party seeking to overcome the immunity from criminal prosecution; the State.

Fla. Stat. 776.032, Langel v State, 255 So. 3d 359 (Fla. 4th DCA 2018), Jefferson v.

State, 264 So.3d 1019 (Fla. 2d DCA 2019). The Court finds that the defendants have

made a prima facie case by the claims contained in their Motions to Dismiss as well as

their affidavits filed in support of their Motions to Dismiss pursuant to Fla.Stat. 870.05.

The burden then shifts to the State to prove by clear and convincing evidence that

LACERRA is not entitled to the immunity.

15
Clear and convincing evidence requires that the evidence must be found to be credible,

the facts to which the witnesses testify must be distinctly remembered, the testimony

must be precise and explicit and the witnesses must be lacking in confusion as to the

facts in issue; the evidence must be of such weight that it produces in the mind of the

trier of fact a firm belief or conviction, without hesitancy, as to the truth of the

allegations sought to be established. Bouie v. State, 292 So.3d 471 (Fla. 2d DCA 2020).

The conduct of a person acting in self-defense is measured by an objective standard,

but the standard must be applied to the facts and circumstances as they appeared at the

time of the altercation to the one acting in self-defense. Toledo v. State, 452 So.2d 661

(Fla. 3d DCA 1984) citing People v. Moody, 62 Cal.App. 2d 18, 143 P.2d 978 (1943)

A person in the exercise of his right of self-defense ma use onl such force as a

reasonable person, situated as he was and knowing what he knew, would have used

under like circumstances. Toledo Id. citing State v. Scroggins, 91 Idaho 847, 433 P.2d

117 (1967) The Florida Jury Instruction for Justifiable Use of Non-Deadly Force states:

the Court

Must consider the circumstances by which he was surrounded at the time the force
was used. The danger need not have been actual; however, to justify the use of non-
deadly force, the appearance of danger must have been so real that a reasonably
cautious and prudent person under the same circumstances would have believed that
the danger could be avoided only through the use of that force.
Fla.Std.Jury Inst. 3.6(g) (2019)

The testimony from all witnesses was that the environment at the Tamarac Town Center

Plaza on any given school day during the 2018-19 school year during the time period

2:30- 3:30 pm when school let out was alarming. Students ran wild with reckless

endangerment to themselves and to patrons and store employees. The police

department had been called no less than 80 times that school year alone. Absolutely

16
nothing was done by either the city of Tamarac, BSO as an organization or the property

owner of the shopping center. The environment on April 18, 2019 was more hostile

and dangerous than an other da in both defendants experience. There were 200 kids

either fighting or participating as spectators to the fights. Three (3) deputies arrived to

disperse the crowd of 200 rambunctious and aggressive kids. Tensions were certainly

high in this environment and justifiably so.

Even if the Court were to believe Delucca Rolle was innocently waiting for his mother

to pick him up at the scene where there were 200 kids involved in a melee, he left that

area and immersed himself in the group of kids that were tr ing to grab GD s phone

when it was on the ground while GD was being arrested. After hearing a direct order

from LACERRA don t come over here or ou re going to be spra ed, don t come over

here at all , he nevertheless bent down to grab the phone from the ground. LACERRA

was justified in pushing him back. Based upon Delucca s reaction in standing up,

bowing and blading his body in what would be described as a pre-attack posture and

telling LACERRA Don t fucking touch me with his hand in a fist, LACERRA was

justified in believing Delucca was about to attack. There were 200 kids around him

screaming, yelling, and watching him. As such, utilizing pepper spray to diffuse the

situation and pushing Delucca on the ground to arrest him was a justified response to

Delucca s apparent imminent threat of harm.

Based upon the Court s findings of fact and application to the law, the Court concludes

that the State has not met its burden by clear and convincing evidence. Defendant

17
LACERRA S application of non-deadly force in the instant case was objectively

reasonable. The Court therefore finds that LACERRA is entitled to immunity under

Fla. Stat. 776.032 as a result of the justifiable use of non-deadly force pursuant to Fla.

Stat. 776.012(1).

The Court finds a reasonable person situated in LACERRA S position, knowing what

he knew under the same circumstances would have acted in the same manner.

LACERRA was justified in arresting Delucca Rolle for Assault on a Law Enforcement

Officer, pepper spraying him and pushing him to the ground to make the arrest. The

Court s findings and conclusions are based solely on the application of the law. It is

therefore,

ORDERED AND ADJUDGED that the Defendant LACERRA s Motion to

Dismiss, to Wit: Immunit from Prosecution Pursuant to Florida s Stand Your Ground

Law is hereby GRANTED. The Court has been advised that the State and the Clerk s

office are in the process of clearing up errors with certain filings in this case. This Order

is based upon the original Information filed on July 3, 2019. It is further

ORDERED AND ADJUDGED that Count II of the Information filed in this case

is hereby DISMISSED.

DONE AND ORDERED in Chambers in Fort Lauderdale, Broward County,

Florida, this ___ day of October, 2020.

________________________________
HONORABLE JILL K. LEVY
COUNTY COURT JUDGE

Copies furnished to all parties

18
Copies Furnished to:
Brian Silber Esq., Address : [email protected]
Brian Silber Esq., Address : [email protected]
Brian Silber Esq., Address : [email protected]
CKilloran, Address : [email protected]
Eric T Schwartzreich, Address : [email protected]
Eric T Schwartzreich, Address : [email protected]
Eric T Schwartzreich, Address : [email protected]
JMcCormack, Address : [email protected]
State Attorney 17Th Circuit, Address : [email protected]
Timothy Donnelly, Address : [email protected]
divmp, Address : [email protected]
mbush, Address : [email protected]

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