Dino Michaels, a member of Reeves' defense team, said they respect the judge's ruling but intend to file a challenge with the Second District Court of Appeals.One of the strongest points of the defense is that Reeves, 71, was defending against an assault on the elderly. That makes Oulson's assault on Reeves a violent felony. In Florida, deadly force is justified to stop a violent felony. From fox6now.com:
“The claim of the defense is that Mr. Oulson was committing a felony against Mr. Reeves by abuse of the elderly when he threw his cell phone at Mr. Reeves,” Swartz said.The judge in the immunity hearing never mentioned the violent felony justification in her ruling. She did not refute it or dispute it.
This was a tragic case. It seems that either party could have de-escalated early on. Either party could have moved to other seats. It looked as though there were many empty seats. It did not get physical until Oulson snatched Reeves popcorn and flung it in his face at extremely close range.
This may be a classic case of the old canard: "Don't frighten an old man. He won't fight. He will just kill you."
©2017 by Dean Weingarten: Permission to share is granted when this notice and link are included.