ST. AUGUSTINE – At 3:15pm on Friday, Judge R. Lee Smith dismissed the case against Luis Casado, who was captured on video in the shooting death of Adam Amoia. The Judge ruled in favor of Casado under Florida’s stand your ground statutes, which allow for the use of deadly force if it is proven that a person was in reasonable fear for their life at the time of the incident.
Court documents state that Casado’s ability to legally carry his firearm was no longer prohibited once he stepped out of the bar and into the public street, and that because Casado was without the use of his glasses after being struck hard by an individual in a seemingly unprovoked attack, and continued to back away from the strikes, that Casado was doing his best to avoid the conflict, but was ultimately in fear as to when and how the fight would end.
The State’s medical examiner, Dr. Fulcher was on record stating that one punch, or one slap can, and has caused death in the past, and that he has personally conducted autopsies where one punch or slap was the cause of death.
Witnesses and video accounts detailed Casado being slapped and punched multiple times, by two individuals, one being Amoia.
The judge ruled that these, and other factors were sufficient enough to warrant the use of deadly force in this incident, and that Casado would be immune from prosecution.
The Florida Stand Your Ground Statute holds that a person is generally “immune from criminal prosecution and civil action” when that person justifiably uses or threatens to use force under certain circumstances. § 776.032(1), Fla. Stat. (2017); see ch. 2005-27, Laws of Fla. The criminal immunity “includes arresting, detaining in custody, and charging or prosecuting the defendant.” § 776.032(1), Fla. Stat. In Dennis v. State, the Florida Supreme Court held that a motion to dismiss asserting immunity under section 776.032 “should be treated as a motion filed pursuant to Florida Rule of Criminal Procedure 3.190(b)” and that the trial court should conduct a pretrial evidentiary hearing and “decide the factual question of the applicability of the statutory immunity.” 51 So. 3d 456, 464 (Fla. 2010).
Read documentation in full on the Clerk of Courts website by searching court records for “Luis Casado”