Charges in Fatal Shooting Dropped Against Bicyclist Under Florida Stand Your Ground Law
As gun rights advocates and Naples firearms crimes criminal defense attorneys, we were pleased to see charges dropped last week against a Florida man who used his Second Amendment rights in self-defense. According to the St. Petersburg Times, manslaughter charges against Charles Podany were dropped Sept. 1 under Florida’s “stand your ground” law. The law gives Floridians the right to use deadly force when they are in reasonable fear of death or great bodily harm. Podany was accused of shooting Casey Landes, 24, after Landes began beating him after an argument about speeding.
The Times said Podany, was bicycling through the Hillsborough County city of Thonotosassa on Feb. 29, 2008 when he asked the driver of a pickup truck to slow down. The driver, Evin Aguayo, slowed down, but his passenger and friend, Landes, leapt on Podany as he bicycled away. Aguayo testified that the ensuing fight would not have been fair, with the 6’1”, 192-pound, 24-year-old Landes outmatching the 49-year-old, 5’8”, 180-pound Podany. But Podany stopped the fight by pulling out his Glock, for which he had a concealed weapons permit, and fatally shooting Landes in the head. According to Podany’s South Florida gun charge criminal defense attorney, this met all of the requirements of the stand-your-ground law: Podany was doing nothing illegal, had a right to be there and could have been seriously hurt if he hadn’t acted.
Our Fort Myers weapons charges criminal defense attorneys are pleased to see that the courts reacted reasonably to this unfortunate incident -- even if prosecutors did not. If the article was accurate, this was just the sort of situation in which using a concealed weapon in self-defense is appropriate. Floridians apply for concealed weapons permits in part because firearms are one way to equalize an unequal fight like this one, allowing them to protect themselves and their families. And Florida law rightly acknowledges that sometimes, people must use deadly force out of self-protection. It is unfortunate that a life was lost, but the law did its job in this case by protecting Podany’s rights under state law and the U.S. Constitution.
Balliro, Galasso, Leskovich & Seltzer has an active practice representing people in all types of firearms cases. We defend people accused of firearms crimes, including serious crimes such as manslaughter and assault as well as nonviolent charges like felon in possession of a firearm or Fish & Game violations. Our Fort Lauderdale firearms defense lawyers also help law-abiding citizens apply for concealed weapons permits, restore their rights and handle other bureaucratic matters related to firearms. Partner Jean Paul Galasso has served as a prosecutor specializing in firearms crimes on the state and federal levels, so our firm understands how prosecutors build weapons cases. And all of our attorneys understand the importance of preserving our rights under the Second Amendment, even when that is inconvenient for prosecutors.
If you’re facing legal trouble related to guns and you’re ready to defend your rights, you should call BGL&S as soon as possible. For a free consultation with an experienced gun rights attorney, please contact us through the Internet or call 1-866-ARRESTED from anywhere within Florida.
