A Miami appeals court has thrown out a double-murder conviction against Gabriel Mobley who fatally shot two men and then invoked the Stand Your Ground law, the Miami Herald reports.
During a February 2008 visit to a North Miami-Dade Chili’s, Mobley reportedly stepped outside with friend Jose Correa for a cigarette. When they reportedly returned to their table, they found Jason Jesus Gonzalez and Rolando Carrazana talking with their female friends, causing a short argument that Mobley tried to diffuse.
Though Gonzalez and Carrazana eventually left, they soon began reportedly pounding on the restaurant’s windows and pointing at Mobley and Correa. After Mobley and Correa went outside to continue smoking, Mobley reportedly fetched his glock pistol from his car for safety purposes.
Gonzalez then suddenly appeared and punched Correa in the face, fracturing his eye socket. He then allegedly danced backward, taunting the men.
Immediately afterward, Carrazana rushed the men. Mobley then produced the glock and repeatedly fired, fatally wounding Carrazana and Gonzalez. Mobley says he fired because he thought Carrazana was armed.
“I was scared, and then I seen this other guy coming up from the back and then he reached up under his shirt so I was scared,” he said during a January 2012 immunity hearing. “I thought, you know, they were going to shoot or kill us.”
Prosecutors charged Mobley months after the incident upon reviewing surveillance footage. Last year, Miami-Dade Circuit Judge Thomas Rebull refused to wave Mobley’s murder charges, arguing that his testimony wasn’t credible and that his use of force was “neither reasonable nor necessary.”
However, the appeals court countered that while it “may have been prudent” for Mobley and Correa to “skitter to their cars and hightail it out of there when they had the chance,” the men did nothing wrong being outside the Chili’s and “did nothing to precipitate this violent attack.”
The appeals court agreed to void Mobley’s charges because “the shooting at issue did not occur in a vacuum,” per Judge Linda Ann Wells, in writing about the court’s decision. “Mobley did not shoot two innocent bystanders who just happened upon him on a sidewalk.”
The ruling marks the first time a court has granted immunity to a defendant under the controversial “Stand Your Ground” law.
One of Mobley’s defense attorneys praised the decision.
“Anyone who says that Mr. Mobley had other options or time to make a long, thought-out decision before using force has never been in that unthinkable situation — where the possibility of never again seeing your family hinges on your split-second reaction to two violent attackers,” said Eduardo Pereira.
Miami-Dade prosecutors claim they will appeal the ruling. Should it stay, no jury will be able to consider if Mobley acted in self-defense or not.
“This is what is so frustrating about the way the law is structured,” commented Miami-Dade Chief Assistant State Attorney Kathleen Hoague. “It is devastating for the victims’ families. They never get to have their day in court before a jury.”
1. Me & the homie @jaleelwhite #RujohnFoundation Happy to be in Jamaica! Good times
1 of 25
2 of 25
3 of 25
4 of 25
5. Good Morning. Early day in Detroit! Making press rounds for @thebossnetwork's Ladies That Lead Tour. Thank you @traycemadre and @colourbynumbr for my glam.
5 of 25
6. POWER the best show on TV @djenvy, Queens we so big out here. #EFFENVODKA #FRIGO
6 of 25
7. They said u lost a step, wasn't explosive as once was, the best days was in the real view, questioned your drive, your leadership, your commitment, you don't have killer instinct, going back home is the worst mistake in your career, he got the coach fired, players traded, won't work between him and Kyrie, Him and Kev won't work, love your teammates to much, there's no way he can deliver a championship in his hometown, etc etc etc.... But guess what THATS NONE OF MY BUSINESS #StriveForGreatness #ThisOneIsForTheLand #PutSomeRespeckOnMyName Hahahaha!!! Yes sir
7 of 25
8. Oooooh weeee this man right here is responsible for at least three of our four babies!! #JOE ❤❤❤🎤 #rnb #king #voicelikebutter #ForPeetesSake
8 of 25
9. Hanging with my @abcnetwork family! @abcunclebuck tonite y'all check us out ! @anthonyanderson @traceeellisross
9 of 25
10. My broski ( @sayeedshahidi ) and I are on Top 5 Live on @go90 at 5 (which is super duper close)! Make sure to tune in :) #UncleBuck #Blackish
10 of 25
11. Lights out💤 #GoodNight
11 of 25
12. Late nights mornings
12 of 25
13. Ran into the lovely talented @siedahgarrett on this brutiful favvuz deh!
13 of 25
14. #halal #love #thedargans #kattwilliamsSHOW #mashallah when that Jennah piece HIT!! @sweetjennahcollection glasses by @baddieglamaccessories LIZ 😍 @dynamiteko top @dazzledmv and jeans @thevision414 and shoes: @louboutinworld
14 of 25
15. Big Hair and Optical Illusions #OceanDrive #MiamiLiving #coverparty
15 of 25
16. MAMA and THE SAVAGES ... ⚓️ #supportyourlocalgirlgang
16 of 25
17. From the bottom of my ❤️, thank you new followers & old! & hello fellow night owls! #grateful #racheltrue #naturalhair #curlyhair #curlygirl #healthyhair
17 of 25
18. I feel so grateful because I met these amazing young minds, visiting from Houston TX, during their college tour stop today at #usc.These students are ALL extraordinary and embody academic excellence so I'm humbled to have shared a few moments with them to applaud and celebrate their bright futures ahead! Thank you @EmergeFellows for inviting me to speak and blessing me with your love and attention this afternoon!
18 of 25
19. Happy Fathers Day Pops. U taught me how to be a man. Lessons of love, hard work & gratefulness. Sorry the fishing didn't stick. LOL. I Love U!
19 of 25
20. Sky Zone and Ice Cream! Best Fathers Day Ever!! Photo credit @mariahcarey
20 of 25
21. Look what finally came in the mail 😎 #mtvmovieawards2016 💥+🌽! #straightouttacompton
21 of 25
22. Claudia Jordan: ....
22 of 25
23. 'Member that time I almost knocked a bajillion dollar camera off the car? Really? Yeah, me neither! #Greenleaf Episode 2 comin atcha!
23 of 25
24. Full of love. #birthday #Cabo
24 of 25
25. Oh hey! Look who just joined Snapchat
25 of 25
Continue reading Court Throws Out Double-Murder Charges For Man Who Stood His Ground