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Homeowner's shot justified, attorney says

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By LISA A. DAVIS

ldavis@tampatrib.com

Published: August 4, 2009

Gregory Allan Stewart

LAND O' LAKES - About 5 a.m. Saturday, Gregory Allan Stewart II heard someone rattling his door for a few minutes and told the person on the other side to leave, a sheriff's office report states.

But the man came back to the home at 3239 Golden Eagle Drive, and repeatedly asked Stewart for a "light for his cigarette."

"Don't make me shoot you," Stewart told Pasco detectives he warned the early morning visitor.

Stewart, a report states, told detectives he could see the man was unarmed and he didn't threaten to hurt him.

At some point, the two men were face-to-face in the front yard and the stranger, later identified as 23-year-old William Vincent Kuch, took three steps toward Stewart.

"I need a light for my cigarette," Kuch reportedly told him. "You're not going to shoot me."

Kuch took one more step and that's when Stewart fired his .40-caliber Smith & Wesson semi-automatic handgun at him, his arrest affidavit states.

Kuch fell to the ground. He had been shot in the chest and, and according to authorities on Monday, he was in stable condition at a local hospital. His condition was unavailable Tuesday.

Stewart, 32, was arrested by Pasco deputies on an aggravated battery with a firearm charge, and was released from the Land O' Lakes Jail later Saturday after posting $20,000 bail.

Stewart's attorney, Randall Grantham, said Tuesday his client is devastated by the shooting.

"He is shook up," he said. "He's gone back to his house for the first time. He was too scared to go back."

According to Grantham, Stewart's wife was nursing the couple's month-old baby when Kuch tried to get into the home.

"She wasn't 5 feet away from the front door when someone tried to force open the door," he said.

Stewart told the person to leave, Grantham said, and then went outside and searched the area and thought the man had left. He went back to bed, his wife, Crystal, continued nursing the baby.

The person returned.

"She was terrified," Grantham said.

This time, Stewart got his gun, saw Kuch trying to break in to his car and instructed his wife to call 911, Grantham said, and then went outside to confront Kuch.

That's when Kuch, who was "messed up," Grantham said, advanced on Stewart.

Under Florida's "Stand Your Ground" law, also known as the "Castle Doctrine," all avenues of retreat don't have to be exhausted before using deadly force to defend oneself against an aggressor. The law, adopted in 2005, also allows people to defend themselves if they feel threatened in their homes.

Authorities say the situation at Stewart's home didn't fall under this law. Grantham disagrees.

"Greg did everything right," he said. "He had every right, and had a duty, to protect his family."

Grantham pointed out that Stewart doesn't have a criminal history.

"He's a very meek, mild, well-mannered man," said Grantham, who added that Stewart is a churchgoer. "... We do regret the shooting. He's praying for the man's recovery."

Sheriff's officials say they don't know where Kuch, of 26232 Sword Dancer Drive, Wesley Chapel, was before the shooting or why he went to the Stewarts' home.

Since he was a teenager, Kuch has had several arrests, including battery and DUI charges. On May 15, 2003, when he was 16, Kuch was arrested on a domestic assault charge. According to a report, Kuch was arguing with his mother, Jeanann, over using the family car to go cash a check. As the argument escalated, the report states, he threatened to hurt his family and kill his parents.

"I ought to just slit yours and dad's throat while you are sleeping." Jeanann Kuch told Pasco deputies her son threatened.

Nobody was injured.

Kuch's father declined to comment Monday.

Reporter Lisa A. Davis can be reached at (727) 815-1083.

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