Police: Man who pulled gun on protesters was ‘lawfully defending himself,’ won’t be charged

Police: Man who pulled gun on protesters was ‘lawfully
defending himself,’ won’t be charged 1

TALLAHASSEE, FL –A man who was attending a Black Lives Matter protest in Florida recently pulled his firearm on a man during a fight near the Florida Historic Capitol Building on August 29th

Police appeared to have arrested the man immediately and now say that he will not face any criminal charges.

After the incident, Tallahassee Police did not initially comment regarding the status of the investigation nor advise if the man was arrested. 

However, that has changed and they have released the following:

“The evidence confirmed the physical altercation between numerous protesters and that the individual [with the gun] was knocked to the ground and under attack before lawfully defending himself. 

TPD confirmed that the individual with the gun was lawfully carrying a concealed weapon as a license holder.”

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It appears as if the Tallahassee chose to wait to release any information until they had reviewed as many aspects of the case as possible and consulted with the State Attorney’s Office. 

By doing it that way, they ensured the information released to the media was completely accurate and left little to interpretation. 

The incident first started as a counter-protester approached over 100 Black Lives Matter protesters near Monroe Street and Apalachee Parkway.  The counter-protester got into an argument with the Black Lives Matter group and began taking pictures of their state issued license plates.

This action sparked a fist fight between two people from opposing sides.  Video that is available on line does not clearly show who threw the first punch, but shortly after the physical fight started a woman is heard yelling, “He has a gun!” and people started running.

The video then shows a man holding a firearm, pointing it at a protester that had a mask on his face, kneeling on the ground.  The man with the gun turned the firearm toward the camera as police are seen rushing in, ordering the armed man to the ground. 

The man complied and was removed from the scene.  Other officers then ordered the crowd to disperse, for fear of any other violence occurring.

The man who had the gun pointed at him, Adam Ferguson, said that the person with the firearm started the physical fight after he shoved a female protester.  When he was shoved back from another person in the crowd, Ferguson claims that the armed man punched his girlfriend. 

Seeing this, Ferguson alleges that he jumped into the mix and began punching the counter-protester who then drew his firearm.  Ferguson said that when he saw the firearm he dropped to his knees and showed his hands to ensure that the armed person knew that he was not a threat. 

Ferguson told the Tallahassee Democrat:

“It was all just 60 seconds, but it felt much longer.  I don’t know why he would bring violence to a peaceful protest.  When he pulled the gun out, it all went rank.”  When he learned that the man was not going to be facing criminal charges, he said that he was “deeply upset.”

A witness, Trish Brown, after hearing of the lack of criminal charges in the case said:

“I’m enraged that he is not being charged, enraged about how the police handled the situation.  TPD, as far as I’m concerned, did not do their job.  They did not keep that man away from our peaceful rally, our peaceful protesting which we always practice.”

And their belief that TPD did not do their jobs and was somehow jaded will be believed by many.  In law enforcement there is an old saying, there are three sides to every story, his side, her side, and the truth. 

What that means simply is that each person that is interviewed will minimize what they are telling police to make them sound better.  With this case in particular, there indeed seems to be that third side which is why the agency released a video from the Old Capitol building which showed a completely different account.

TPD advise that the counter protester is seen walking through the crowd and recorded the protest.  While doing so, he was “pushed from behind by a white protester.” 

This action caused a physical fight and the counter protester was knocked to the ground.  He was able to get back up and pulled the gun, pointing in the direction of the protesters that he believed may attack him.

TPD said that the protest was not scheduled, but “With no advance notice to or coordination with TPD to ensure safety, the group [protesters] gathered and blocked the intersection of Monroe Street and Apalachee Parkway with people and cars. 

Despite not being notified, TPD officers, who were in the area, moved in to stop traffic at the intersection to provide safety for the protest.”

Appeals court in Florida rules “Stand Your Ground” law applies to shooter of sheriff’s deputy

BREVARD COUNTY, FL.- The same Florida law which got George Zimmerman off in the Trayvon Martin shooting has now seen a man accused of shooting a sheriff’s deputy released under the same statute.

Citing the “Stand Your Ground” law, the Fifth District Court of Appeals has dismissed charges against a man accused of shooting a Brevard County sheriff’s deputy in 2015.

The decision involves the shooting of the deputy during a botched arrest in front of the home of John DeRossett, 60, while deputies were trying to arrest his niece on prostitution charges.

DeRossett had been arrested and charged with attempted premeditated first-degree murder of a law enforcement officer while discharging a firearm. DeRossett has been locked up for nearly five years at the Brevard County Jail complex while he was awaiting trial. He was finally released on bond in March.

“The appellate decision is better than a jury acquittal. An acquittal only means ‘not guilty.’ This order means John is innocent, that his actions were justified, and that he never should have been arrested in the first place. It’s a total vindication,” said DeRossett’s attorney, Michael Panella.

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In a statement to Florida Today, DeRossett said, “Great…great. Thank God. Thank Jesus. Thank everybody, thank you. You just don’t know, how it feels, you know? I’m trying to hold the tears back,” DeRossett said.

The paper reached out to Brevard County Sheriff Wayne Ivey for his reaction to the dismissal, but he was not available and no statements were released.

DeRossett had claimed that he did not know that he was shooting at deputies, and the court went along with his assertion that he was trying to protect his home against what he perceived as a threat.

Prosecutors as well as the Brevard County Sheriff’s office had alleged that DeRossett opened fire on deputies when they were attempting to arrest his niece.

DeRossett claimed through his attorney that he was unaware that the men who were confronting his niece that night were sheriff’s deputies, and that he was merely responding to her cries for help at the front door.

In the ensuing incident, gunfire was exchanged and Deputy Casey Smith was shot in the lower abdomen. Deputy Smith was off duty for a year, according to MSN.com.  He recovered from his injuries. Smith was part of a three-man undercover team that went to DeRossett’s home to arrest his niece.

Both DeRossett, a security guard at Port Canaveral, as well as his niece, Mary Ellis DeRossett, 47, affectionately known as “The Cougar” suffered minor gunshot injuries, according to records.

In response to the judge’s decision, the state’s attorney’s office issued a statement in which they said that they disagreed with the outcome of the court’s decision, however respected their decision.

“Our law enforcement officers risk their lives daily to protect our community. This ruling adds to that risk by extending protection to those who turn a blind eye to criminal activity, even within their own home.”


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