Donald Montanez shot and killed a man he says was threatening him while he tried to tow his car in 2006.
TAMPA, Fla. -- In a surprise move at the Hillsborough County Courthouse, defense attorneys for a tow-truck company owner informed a judge today they would not be using the Stand Your Ground law as a defense in a high-profile murder trial.
Was this a brilliant strategy or a panic move by the defense?
Many legal analysts say the move was brilliant by defense attorneys, taking Stand Your Ground off the table, in a sense thwarting the long-time efforts of the prosecution in preparing for this case.
Now, the state has to start at square one.
Donald Montanez claims he was acting in self defense when he shot and killed a man back in 2006. He was charged with both murder and felony murder in the death of Glen Rich on January 8, 2006 at the Sugar Shack bottle club.
It all started with a towed car. Rich tried to drive away in his wife's car, which had been towed by employees of Montanez. Montanez has maintained all along that Rich was coming directly at him in the vehicle and that he had to fire in self defense.
Lead defense attorney Jay Hebert became ill shortly after lunch, excusing himself to go the bathroom. He was said to be "extremely sick" and asked the judge to continue the trial on Wednesday at 8:30 a.m.
Earlier today, Hebert addressed jurors in opening statements. He banged his fist on the podium saying, "2.8 seconds. One, two, three. That's all it took. It was a life or death decision."
Hebert says Montanez saw Rich strike one of his own employees with the vehicle early that morning. He also told jurors that another employee was forced to dodge the vehicle.
Hebert has always claimed that his client's company had every right to tow the car and lawfully did so on the day in question. However, Assistant State Attorney Jay Pruner disagrees. He says the tow was "illegal," that it was grand theft. He added that Montanez had "no right" to use his gun.
The prosecution also argued that the victim, Glen Rich, is the one who truly now deserves the protection stated in the Stand Your Ground law.
Stand Your Ground became law back in 2005. It states that people do not have to retreat before using deadly force.
The defense already argued before the court to have the case dismissed, citing immunity under the Stand Your Ground law.
Their argument was unsuccessful.
The case will continue Wednesday morning.