Lee Rodarte leaves the courtroom in August 2017 for a hearing in the death of Bonefish Grill co-worker Savannah Gold. This week his attorneys have filed a motion for dismissal on a Stand Your Ground argument. [Bob Self/Florida Times-Union] ▲ Gold ▲ Rodarte ▲ Flowers, a stuffed animal and a note for Savannah Gold, 21, were placed outside the Bonefish Grill in Mandarin following her August 2017 death. [Will Dickey/Florida Times-Union] ▲ Lee Rodarte is led into his arraignment Aug. 29, 2017, in the death of 21-year-old Savannah Gold. [Bob Self/Florida Times-Union] ▲ Savannah Page Gold ▲ Flowers, candles, a stuffed toy and other items mark a makeshift memorial for Savannah Gold, whose body was pulled from this pond at the dead end of Club DuClay Drive in 2017. [Dan Scanlan/Florida Times-Union] ▲

A Jacksonville man awaiting trial in the death of his on-again-off-again girlfriend outside the Bonefish Grill restaurant where they worked has asked the court to dismiss the murder charge under the state's Stand Your Ground law, court records obtained Wednesday show.

The law requires prosecutors to prove the defendant didn't act in self-defense. A hearing has been set for early next month.

On Aug. 5, 2017, Lee Rodarte Jr. led police to a pond where Savannah Page Gold's body had been dumped. The autopsy report says the 21-year-old was wrapped in plastic and a blanket. Duct tape was fastened around her lower legs, mid section and head. No bones were broken, but she did have multiple injuries. The report says the manner of death was homicide though could not determine a specific cause.

Rodarte, a manager at the Mandarin restaurant, was arrested on charges of second-degree murder and tampering with evidence. In May a third charge of abuse of a dead body was added. Though not specified, the charging documents say Rodarte mutilated, committed a sexual act or otherwise grossly abused Gold's deceased body.

Gold was reported missing after not showing up for her shift on Aug. 2, 2017. Surveillance video places them in the same parking lot that evening. Authorities say the video shows Gold going to Rodarte's vehicle and never leaving. Video does support some sort of struggle with his door opening and closing and then shows Rodarte getting out of his vehicle before going into Gold's vehicle.

Rodarte, 30, initially denied seeing Gold on Aug. 2. Authorities said he implicated himself while under questioning.

In documents filed Tuesday, Rodarte said the two parked near one another and that Gold asked if she could talk with him in his vehicle. He said she told him she had just done some heroin and wanted to sit in the back seat because she was feeling paranoid. The autopsy report does not indicate a presence of the drug in Gold's system.

Rodarte said he confronted Gold about telling others at work that they were in a relationship. He said they bantered back and forth about it and she told him she was entitled to say what she wanted to say.

Rodarte said he exited his vehicle and punctured a tire of Gold's car to convey that he was serious. Police did find Gold's car with a flattened tire. Gold's purse was also in the unlocked vehicle.

Rodarte said he then opened the door and attempted to shove Gold out of his vehicle but lost his grip. He said Gold stuck him repeatedly on the side and back of the neck. She also grabbed him around the neck and began to squeeze.

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"In pain and fearing imminent serious bodily harm, the defendant grabbed Ms. Gold's neck in an effort to break her grip," the motion for immunity to the charge says. Rodarte spun Gold around and heard and felt a pop in Gold's neck.

"At the time that Savannah Gold attacked the defendant, he was not engaged in an illegal activity," the motion states.

"As such the defendant was justified in standing his ground and meeting force with force to prevent his death or great bodily harm and/or to prevent the commission of a forcible felony," the motion says.

The Stand Your Ground matter is expected to be discussed at length in court on Aug. 8. As of now jury selection is scheduled for Aug. 26.

Eileen Kelley: (904) 359-4104