State Appeals Court Tosses Jay Man’s Murder Conviction

A Florida appeals court has thrown out the second degree murder conviction of a Jay man that was sentenced to 30 years in prison for the shooting death of a Brewton teen at a 2010 party.

In a ruling Friday, the 1st District Court of Appeals ruled Friday said the Santa Rosa County jury that convicted Robert Franklin Floyd was given conflicting instructions about the self defense and “stand your ground law”.

During a bonfire party on February 27, 2010, a vehicle occupied by four people — 18-year old Getyron Lopez Benjamin of Brewton, Gerald Banton, Timothy Smith and Tiffanie Pate — arrived Floyd’s home on Country Mill Road. The four people exited the vehicle and got into a verbal altercation with Floyd. The four refused to leave, at which time Floyd pushed one the males and told them to leave. The male pulled out a handgun, and Floyd retrieved a .243 caliber rifle from his truck. Floyd said he heard gunshots and saw a muzzle flash coming from the vehicle before he fired.

There were two shots that hit the vehicle, one striking Benjamin in the back seat. He was driven to D.W. McMillan Hospital in Brewton where he was pronounced dead.

Floyd’s only defense at trial was self defense.

Under Florida law, “a person is justified in the use of deadly force and does not have the duty to retreat if he or she reasonably believes that such force is necessary to prevent imminent death or great bodily harm to himself or herself or another or to prevent the imminent commission of a forcible felony”.

In Floyd’s case, the 1st District Court of Appeals found that “the trial court instructed the jurors that Floyd both did and did not have a duty to retreat”.

The court reverse Floyd’s convictions, vacated his sentences and ordered a new trial on both original counts against him — second degree murder and discharging a firearm into a moving vehicle. A new trial date has not been set.