Timing of fatal shot may be key

How much information should someone have before pulling the trigger?

The question could prove crucial for appellate judges in deciding whether to hear a challenge filed in a local "Stand Your Ground" case.

Towing company owner Donald Montanez wants the 2nd District Court of Appeal to review a trial judge's ruling that he isn't entitled to immunity from prosecution under the law.

Montanez faces second-degree murder and other charges in the 2006 fatal shooting of Glen "Chuck" Rich who was driving off in his wife's car after Montanez's employees had towed it.

Montanez claims he was trying to protect himself and employee Lorraine Marie Whitehead when he shot at Rich as the car hurtled toward them.

The 2005 "Stand Your Ground" law says people don't have to exhaust all avenues of retreat before using deadly force to defend themselves or others from an aggressor.

But Hillsborough Circuit Judge Robert A. Foster denied Montanez's claim to protection under the law. In his May ruling, Foster said Montanez and Whitehead weren't in immediate danger when Montanez fired because the car had already passed them. The bullet passed through the passenger window, hitting Rich under his armpit.

Montanez's attorney, Jay Hebert, told a three-judge panel of the 2nd District Court of Appeal on Tuesday that his client was entitled to defend himself and others. Hebert said his client didn't know where Whitehead was as the car passed, so Montanez was justified in firing his .40-caliber pistol.

Appellate Judge James W. Whatley's questions emphasized the chaos Montanez faced. He pointed out that the shooting happened in less than three seconds at 5 a.m.

"Does that not blur the distinction," Whatley said of whether Montanez or Whitehead was in the "zone of uncertainty" in which Foster said a person would be protected by the law.

But Assistant Attorney General Timothy Freeland argued that people shouldn't be allowed to fire willy-nilly.

"At the time he fired the shot, he had to know where everyone was," Freeland said.

Appellate Judge Robert J. Morris Jr. summed up the argument.

"You don't want us to sanction shots on a maybe," he said.

It could take weeks or months before the judges issue a ruling.

Without the appeals court intervention, Montanez's case would proceed to trial, where he could raise self-defense.

Courts have taken different views on how to apply the state's "Stand Your Ground" law.

Freeland said the law will remain in a state of flux until the Florida Supreme Court resolves the conflicts.

Hebert said he was encouraged that the appeals court heard arguments in his client's request.

"It is a strong indication the 2nd District Court of Appeals wants to review this issue," he said.

"We feel strongly Mr. Montanez was entitled to do what he did that night."