Attorneys for theater shooter file Stand Your Ground motion
WESLEY CHAPEL, Fla. - A motion filed in the Curtis Reeves case details why his attorneys want to use a Stand Your Ground defense.
The 50-page document says popcorn was flying.
"The moment he snatched the popcorn away from Mr. Reeves, he committed a forcible felony against him, " said attorney Anthony Rickman, who is not connected to the case but reviewed the documents.
A cell phone with a heavy protective case was thrown at Reeves.
"The weight of that phone, with the OtterBox on it, weighed more than a cue ball," said Rickman.
The motion also attempts to explain why a gun was fired.
"I had to use force that was necessary to save myself and protect myself and I used that force by shooting Oulson," Rickman said, speaking from Reeves' point of view.
Those are just some the arguments being made in the Stand Your Ground motion filed by attorneys for Reeves.
Rickman reviewed the newly-filed motion for FOX 13.
"They are going to ask the judge to put herself in Reeves position based on his age, his experience, all of things he's dealt with his life in law enforcement," said Rickman.
The retired Tampa police captain, who was 71 at the time, is accused of fatally shooting 43-year-old Chad Oulson in a Wesley Chapel movie theater during a dispute over texting.
"One thing that people ask is, 'Why is he even in the movie theater with a gun in the first place?'" said Rickman.
In the motion, Reeves' attorneys said Florida law allows retired and off-duty law enforcement officers to carry a gun into a movie theater or anywhere else.
Reeves wasn't the only one with a gun in the movie theater that day.
"That off-duty officer who disarmed Mr Reeves, he also had a gun on him. He wasn't even working," added Rickman.
The lead detective in Reeves' case admitted he does the same thing.
"The detective admits in depositions that he himself, off-duty, carries a firearm inside that same movie theater," said Rickman.
Reeves' attorneys said the cell phone thrown by Oulson weighed more than a cue ball or baseball because of the OtterBox protective case. Because of that, they said it is considered a deadly weapon, "
"If Mr. Oulson had taken a cue ball out of his pocket and threw it at Reeves' face, of course you would say that's a deadly weapon," said Rickman.
Florida's Stand Your Ground law allows you to meet force with force if you feel your life is in eminent danger.
Rickman thinks Reeves has a pretty convincing case.
"I'm 71 years old, I'm frail, I had hip surgery because of a simple fall," said Rickman, again speaking from Reeves point of view. "This man is 6 foot 4 inches and he is towering over me. He's made threats against me, he's thrown something at me. What Reeves is going to argue is that I had reason to believe, based on all these circumstances, I was going to be a victim."
The defense will argue all of these points during a hearing in late January. Reeves is expected to take the stand and if he loses the motion, he will go to trial and let a jury decide his fate.