Driver may use 'stand-your-ground' defense for shooting that killed 52-year-old

TAMPA, Fla. - No one knows why Freddy Hernandez got out of his car at the intersection of Waters Avenue and East Anderson Road in Tampa on the night of June 10, but the decision would be fatal. 

Hillsborough County Sheriff’s Office investigators say Hernandez approached the driver in front of him, who shot and killed the 52-year-old.

They say Curtis James, 44, was the driver who pulled the trigger. 

His attorney, Tim Taylor, says his client was the victim of a road rage incident and was forced to defend himself. Yet prosecutors charged James with first-degree manslaughter.

During a virtual court hearing Monday morning, Taylor addressed the charges on behalf of his client. 

"I enter a plea of not guilty," said Taylor.

With that plea, his attorney will likely try to beat the charges using Florida’s stand-your-ground defense.

"We know the shooter stayed on scene, we know he cooperated with law enforcement, we know the shooter provided law enforcement with a statement. So most likely that shooter is telling law enforcement that he was defending himself and acting under the law," explained attorney Anthony Rickman, who is not connected to this case.

James is back in court in October.