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Shooter Invokes Law Of 'Stand Your Ground'

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By TODD LESKANIC

tleskanic@tampatrib.com

Published: January 15, 2009

Max Horn

NEW PORT RICHEY - Max Horn fired six shots into Joseph Martell, killing the 34-year-old in the crowded streets of last year's Chasco Fiesta.

That grave but simple fact could soon become a test of the state's 2005 "Stand Your Ground" law, which allows people to use deadly force to defend themselves under certain conditions.

Horn's attorneys, Peter Brick and Keith Hammond, contend their client shot Martell in self-defense and therefore should be immune from a second-degree murder prosecution. The attorneys spent nearly five hours Thursday arguing the motion for immunity in front of Circuit Judge Michael Andrews.

"The testimony is that in every case Mr. Martell was the aggressor," Brick said. "He's the one that initiated contact."

Andrews reserved ruling on the case, but his determination will almost certainly be appealed regardless of which side it favors. Assistant State Attorney Neil O'Brien argued that questions about the shooting, including the self-defense issue, are best left to a jury.

Most of those questions - and there are many - are about the events that precipitated the March 29 shooting. Attorneys have deposed about 100 witnesses in the case and have gotten a litany of accounts. Further complicating matters is that most of the people who saw anything had been drinking at the day-long festival.

Some of those witnesses, including Horn himself, testified at Thursday's hearing. Two defense witnesses who were with Horn at the festival testified they had short but jarring run-ins with Martell during the day.

One woman, Kim Dennison, said Martell yelled at her and cursed when she tried to use a bathroom in his camper. Dennison said another friend, Mark Perez, told her that Martell had rudely asked him if he was in a sexual relationship with another friend of theirs.

As the day wound down, the friends began bar-hopping across downtown New Port Richey. As they entered Hot Shotz Bar and Grill, Martell came out the door. Dennison's husband, Sam, having heard about Martell's earlier words with his wife, began arguing with Martell.

Horn testified that Martell came at him, threatening him and telling him he was going to "crush my skull." Pushing and shoving ensued.

Horn, who has a heart condition, testified he told Martell he wouldn't fight him but showed him the .45-caliber pistol he was carrying and threatened to shoot him.

Friends intervened and pulled Martell away and into another bar. Horn testified that his group of friends decided to leave. As they were preparing to go, however, Martell charged out of the other bar and back toward him, Horn testified.

Some witnesses, including Horn, testified that Martell punched Horn in the face before they heard gunshots. Others testified they didn't see a punch. Witnesses gave varying accounts of how close the two men were when the shots were fired and how many shots it took to send Martell to the ground.

Horn, 47, put the pistol away and began walking up the street but was soon tackled by onlookers and held until police arrived. He acknowledged shooting Martell when questioned and was arrested.

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