A Miami man accused of attack a 5-year-old child with a tennis pole wants the child abuse case against him discharged under Florida’s Stand Your Ground self-defense law.
Osmailer Torres was arrested in Jul 2016 after notice video prisoner him snatching a tennis pole from a immature child and then attack him with it at a stadium at Miami’s First Presbyterian Church on Brickwell Avenue, the Miami Herald reported.
But in a suit to a judge requesting “immunity,” the 30-year-old tennis instructor’s profession claimed he was only trying to strengthen his other students.
Defense counsel Eduardo Pereira purported the child was the “initial aggressor” in the occurrence and had already been concerned in “various aroused altercations” with the other students.
Torres tried to apart him from the class, but the 5-year-old carried his mini pole “in the air and was staid to strike again against the other students and Mr. Torres,” according to the motion.
Pereira, who described Torres as “a soft-spoken professional,” also claimed his client didn’t even comprehend he’d hit the child with the racket.
“This was always noticed as an collision by the child and the school staff but is being treated as something some-more for reasons unknown,” he told the Miami Herald.
Prosecutors meanwhile, are rejecting Torres’ allegations, observant at no indicate in the notice video does the child seem assertive toward the other students.
The discuss around Florida’s Stand Your Ground self-defense law ramped in 2012 after police cited the law in their decision to not primarily detain George Zimmerman in the sharpened death of teen Trayvon Martin. Zimmerman was after charged with murder, but eventually acquitted.
Miami Dade Circuit Court Judge will consider Torres’ ask at an shield conference early next year.
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