Orlando criminal defense attorney Jose Rivas and noted civil rights attorney Ben Crump discussed the guilty verdict in the trial for the shooting death of AJ Owens by her neighbor on Susan Lorincz in Ocala last June. On WESH 2 News at Noon, Crump called the “Stand Your Ground” defense that Lorincz unsuccessfully put forth “a discriminatory law that disproportionately impacts people of color,” and said he was pleased that it failed in this case. Lorincz is white, while the victim, AJ Owens, is African-American.
The tragic incident unfolded when the 60-year-old defendant fatally shot her neighbor, 35-year-old Owens, a mother of four. The shooting was the culmination of a long-standing neighborhood conflict centered on children, including Owens’s, playing near Lorincz’s home. Police reports indicate that Lorincz had confronted the children, throwing objects at them. This action prompted Owens to approach Lorincz’s residence to address the matter. The situation escalated rapidly when the defendant, still inside her home, fired a handgun through the locked door, striking the unarmed Owens in the chest and causing her death.
Impact on “Stand Your Ground” Cases
The all-white jury in the case rejected the “Stand Your Ground” defense. Orlando Defense Attorney Rivas said that it suggests that the jury did not agree that Owens posed a clear and immediate threat to the shooter, as is spelled out in the law.
Florida Statute 776.012, Florida’s “Stand Your Ground” law, states that “a person is justified in using or threatening to use force, including deadly force if they reasonably believe it is necessary to prevent imminent death or great bodily harm to themselves or another, or to prevent the imminent commission of a forcible felony.”
“Imminent threat” in this context means that the danger will happen immediately. It must be immediate and urgent, not a threat of future harm.
“In this particular case,” Rivas said, “the defense brought in several experts to testify as to her state of mind, her anxiety level, and that she was taking some medication. I think that just wasn’t enough to convince the jury that this was a clear and imminent justification for using deadly force, as required by the ‘Stand Your Ground’ law.”
Prosecution’s Case
The prosecution, led by Rich Buxman, argued against the claim of self-defense. They emphasized that:
- Banging on a door and yelling are not criminal acts.
- Lorincz’s door was secure with multiple locks, challenging the notion of imminent danger.
- Lorincz admitted to using racial slurs towards Owens’ children, suggesting ongoing hostility.
Witness testimonies corroborated loud pounding and shouting before the shooting, with one neighbor calling 911 after hearing a gunshot. Expert analysis of the crime scene, particularly the locked door, aimed to disprove Lorincz’s self-defense claim.
Defense Strategy
Lorincz’s defense team portrayed her as a vulnerable individual acting in self-defense:
- They highlighted her age, health issues, and living situation to explain her fear.
- They argued that Lorincz felt genuinely threatened by Owens’ behavior.
- The defense cited Florida’s “stand your ground” law to justify Lorincz’s actions.
- They pointed to Lorincz’s safety precautions (chain, chair under door) as evidence of her ongoing concerns.
Witness testimonies corroborated loud pounding and shouting before the shooting, with one neighbor calling 911 after hearing a gunshot. However, expert analysis of the crime scene, particularly the locked door, proved fatal to Lorincz’s self-defense claim.
Legal Implications
Orlando criminal defense attorney Jose Rivas suggested that the Lorincz verdict could lead to stricter interpretations of “Stand Your Ground” laws. Judges might limit its application, while prosecutors could challenge such defenses more aggressively.
If you need a lawyer, call 407-644-2466 to speak with an Orlando criminal defense attorney at the Rivas Law Firm.
