- Associated Press - Thursday, April 14, 2016

PORT ORANGE, Fla. (AP) - A central Florida man is seeking to have a murder charge against him dropped based on the state’s stand-your-ground law.

The Daytona Beach News-Journal (https://bit.ly/1Xx8SJA ) reports 63-year-old Robert Gelles faces second-degree murder in the Sept. 13 shooting of 44-year-old Joseph Bailey after a collision at a Port Orange intersection. Gelles pulled a handgun and shot Bailey.

Circuit Judge Terence Perkins on Wednesday set a hearing for July 29.

Gelles’ motion states that he feared for his life when Bailey walked toward his van and felt deadly force was necessary to protect himself.

Florida’s stand-your-ground law allows a person to use deadly force when the person has a reasonable fear of great bodily harm or death, or to prevent a forcible felony.

Witnesses told police both drivers had been cutting each other off.


Information from: Daytona Beach (Fla.) News-Journal, https://www.news-journalonline.com

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