Man has ‘stand your ground’ claim rejected by court

A Brevard County man who said he shot at sheriff’s deputies because he thought they were kidnappers is not protected by Florida’s “stand your ground” law, a judge ruled.

Authorities said John DeRossett, then 65, wounded Agent John “Casey” Smith in a shootout on Covina Street Aug. 20, 2015.

Smith and other agents had gone to DeRossett’s home to arrest his niece, 42-year-old Mary Ellis, as part of a prostitution sting. When Ellis opened the door, an agent grabbed her to make an arrest — and she called out for DeRossett.

DeRossett said he didn’t know the agents — one in plain clothes, Smith and a third in vests marked “Sheriff” — were deputies, so he fired a warning shot, which began the shootout.

In seeking immunity from prosecution, DeRossett’s lawyers argued he “was under no obligation to sit back, let Mary Ellis be kidnapped by strangers in the night, and do nothing to save her.”

However, Circuit Judge Robin C. Lemondis ruled DeRossett went beyond what the law allows during the gun battle.

DeRossett, the judge found, fired his gun after the agents had “scattered” into his yard, while his niece was still inside his house, meaning there was no “imminent” threat.

“As there was no imminent threat to [DeRossett], the firing of [DeRossett’s] gun was completely unprovoked … and therefore unjustified,” the judge ruled, adding that DeRossett “used deadly force in response to a non-existent threat.”

Lemondis’ decision followed a hearing last month.

The ruling means the case will move forward. DeRossett could still claim self-defense at trial. He faces three charges of attempted first-degree murder of a law-enforcement officer.