Judge has "no choice" but to give guns back to a blind Marine after a successful "stand your ground" defense

John Rogers had his .308 rifle and 10mm Glock pistol confiscated by police after he was arrested for shooting a house guest that he claimed attacked him in March of 2012. Rogers argued and won immunity from prosecution in the death of James DeWitt under Florida’s  “stand your ground” law.


Circuit Judge John Galluzzo looked for legal excuses to deny returning Rogers his guns, but in the end, he had no choice:

While Judge John Galluzzo said he did not want to return the guns to Rogers, he said it was the law.

Rogers’ guns were confiscated by law-enforcement officers after he fatally shot a man. He was later acquitted.

“I have to return property that was taken under the circumstance,” Galluzzo said. “I have researched and haven’t found case law to say otherwise.”

DeWitt was shot to death by Rogers with the .308 after DeWitt allegedly began punching him and threatened to kill him as both men were heavily drinking.

Frankly, I understand the judge’s concerns.

Rogers has a history of violence. Four years ago, he fired 15 rounds from a handgun at Michael Rogers, his roommate and cousin, following a night of drinking and fighting in Geneva, according to court records.

Michael Rogers suffered scrapes but no gunshot wounds. The defendant was charged with aggravated assault but, in a deal with prosecutors, pleaded no contest to a lesser charge — unlawfully displaying a firearm — and was placed on probation.

That was revoked, however, when he pushed and punched a woman a year later, something that resulted in him spending 71 days in the Seminole County jail for domestic violence, according to court records.


If John Rogers doesn’t dramatically change his ways—especially his apparent tendency to go for guns after he’s been drinking—I sadly suspect we’ll be reading about him in the news again at some point in the future.

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