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Pasco won't prosecute in 'Stand Your Ground' case

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By TODD LESKANIC | The Tampa Tribune

Published: October 30, 2009

Updated: 10/30/2009 04:11 pm

WESLEY CHAPEL - The "Stand Your Ground" self-defense law has left one Wesley Chapel couple frustrated and concerned.

William and Jeanann Kuch became interested in the 2005 law after a homeowner shot their 23-year-old son in the chest Aug. 1. Their son, also named William, drunkenly wandered up to Gregory Stewart's front door at about 5 a.m. and tried to open it.

A short time later, the younger Kuch was on the ground with a bullet wound to the chest. He spent the next month in the hospital recovering.

Pasco County Sheriff's Office deputies initially arrested Stewart on an aggravated battery charge, but prosecutors with the Pasco-Pinellas State Attorney's office have declined to prosecute him.

Assistant State Attorney Manny Garcia said the investigation determined that Stewart shot Kuch because he believed Kuch presented an imminent danger to him and his family.

"It falls under 'Stand Your Ground,'" Garcia said.

But the Kuches aren't satisfied with the explanation.

"My son was a nuisance that morning, not a threat," said the elder William Kuch.

The so-called "Stand Your Ground" law allows people to use deadly force to defend themselves if they feel threatened in their homes, cars or anywhere they have a right to be.

Garcia said the circumstances surrounding the shooting support the argument that Stewart was protecting himself and his family. When the younger Kuch walked up to the house at 3239 Golden Eagle Drive, Land O' Lakes, Stewart's wife was nursing the couple's month-old baby near the front door.

Stewart, 32, opened the door and told Kuch to leave, then went outside and searched the area to make sure he did. Kuch returned later and again tried to open the front door. This time, Stewart grabbed his .40-caliber semi-automatic handgun and told his wife to call 911.

He went outside to confront Kuch. Stewart pointed the gun at Kuch and told him to leave the property. Kuch responded by saying, "I need a light for my cigarette," "I'm not afraid," and "You're not going to shoot me."

Authorities said Kuch then made a move toward Stewart. That's when Stewart fired.

Garcia said Kuch's blood-alcohol level was more than 0.30 percent. Drivers are presumed intoxicated at 0.08 percent.

Kuch's parents admitted their son was drunk. They said he mistakenly went to Stewart's home looking for a party that was in the same neighborhood.

They pointed out that he wasn't armed and is a much smaller man than Stewart. The Kuches said their son is 5-foot-9 and 160 pounds while the arrest report lists Stewart as 6-feet and 250 pounds. They asked why Stewart didn't use physical force instead of a firearm.

The Kuches said they support gun ownership but are leery of what the "Stand Your Ground" law allows.

"It just emboldens people to shoot people before they even ask questions," the elder William Kuch said. "This type of interpretation is scary."

"This law takes away people's responsibility," his wife added.

Reporter Todd Leskanic can be reached at (813) 731-8098.

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