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Judge Rejects Self-Defense Claim In Fatal Shooting

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By TODD LESKANIC | The Tampa Tribune

Published: January 28, 2009

NEW PORT RICHEY - Arguments that Max Horn shot Joe Martell in self-defense have failed to persuade a judge.

In an order issued Tuesday, Circuit Judge Michael Andrews denied a defense motion that sought to declare Horn immune from a second-degree murder prosecution based on the state's "Stand Your Ground" law.

Horn, 47, shot Martell six times during a scrum at last year's Chasco Fiesta. He has said he did so because Martell seemed determined to start a fight with him. Horn also said his severe heart condition would have made it dangerous for him to engage in a fistfight with Martell.

But Andrews, who considered testimony of seven witnesses at a hearing two weeks ago, found little evidence that Horn's use of deadly force was appropriate. He discounted Horn's heart condition, saying it was a subjective argument and not the proper "reasonable man standard."

Defense attorney Keith Hammond said this morning that he hasn't decided whether he'll appeal the ruling. If he doesn't, the case will continue toward a trial.

Hammond said a jury could still find Horn acted in self-defense and is therefore not guilty of second-degree murder.

Reporter Todd Leskanic can be reached at (727) 815-1084 or tleskanic@tampatrib.com.

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