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'Stand Your Ground' Falls Flat In Chasco Shooting Case

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By TODD LESKANIC

tleskanic@tampatrib.com

Published: January 29, 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, of Holiday, 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 have a fistfight with Martell.

But Andrews, who considered the testimony of seven witnesses at a hearing Jan. 15, found little evidence that Horn's use of deadly force was appropriate. He discounted Horn's heart condition as a factor, saying it represented a subjective argument instead of the needed objective, or "reasonable person," standard.

"Such is the problem with applying a subjective analysis the defendant would have the court employ in that anyone could and would tailor their personal circumstances to serve as justification for the use of force," Andrews wrote.

Keith Hammond, an attorney for Horn, said Wednesday that he hasn't decided whether the ruling will be appealed. If it isn't, the case will continue toward trial.

Hammond said a jury still could find Horn acted in self-defense and is, therefore, not guilty of murder. It also could convict him of the lesser charge of manslaughter, Hammond said.

The "Stand Your Ground" law, passed in 2005, allows people to use deadly force to defend themselves under certain conditions.

The shooting happened March 29 outside Hot Shotz Bar and Grill in downtown New Port Richey. Horn attended the Chasco festivities with a group of friends, two of whom testified that they had verbal run-ins with Martell in the hours before the shooting.

An argument began when a drunken Martell pushed his way out of Hot Shotz about 9:30 p.m. and saw Horn and his friends on their way in, according to testimony.

Horn wasn't involved in the initial squabble but testified that he got involved when he heard Martell threaten his sister-in-law. That is when he lifted his shirt, showed Martell a gun and warned that he would shoot him.
Martell was dragged away to another bar but returned within seconds. Testimony about what happened next varies. Some witnesses, including Horn, said Martell punched Horn in the face, but others said they didn't see a punch.

Then, Horn fired six shots into Martell.

He put the gun back in his belt and began walking away but was tackled by onlookers before he got far.

Horn was arrested that night and told investigators he shot Martell because Martell was "stalking my sister."

Reporter Todd Leskanic can be reached at (727) 815-1084.

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