“Montanez is one of several suspects in Hillsborough County – and scores in Florida – who have invoked the Stand Your Ground law after they shot or stabbed others when they said they felt they were in danger. In some cases, prosecutors decided not to pursue charges, while in others, judges have dismissed charges before trial. But Montanez failed in pretrial efforts to have his case dismissed. Hillsborough Circuit Judge Robert A. Foster said in 2009 that the Stand Your Ground law did not give Montanez immunity from prosecution. “Montanez was not justified in firing his weapon,” the judge said. Montanez later lost his appeals, and is set to go on trial for second-degree murder and other charges in the death of Glen “Chuck” Rich. Authorities say Montanez shot Rich about 5 a.m. Jan. 8, 2006, as Rich was driving off in his wife’s Chrysler Sebring, which Montanez’s employees had towed from behind the Sugar Shack, an after-hours club on East Hillsborough Avenue. Montanez said Rich was racing the Sebring toward him and employee Lorraine Marie Whitehead when he fired a single shot from his .40-caliber semiautomatic pistol. Montanez and Whitehead testified that they feared for their lives. Forensic evidence showed the bullet traveled through the passenger window, hitting Rich under his right armpit. Foster said the imminent threat Montanez or Whitehead felt had dissipated once the front of the car was past them, and both had time to get out of the way.”
-
-
‘Stand Your Ground Law’ faces another court test | TBO.com
Another case. Montanez was convicted of manslaughter.