A Palm Beach County judge is expected to rule if a man accused killing a Guatemalan man in an apparent hate crime was actually defending himself.
The third and final hearing for David Harris’s motion to dismiss charges against him based on the “stand your ground” defense from the 2013 case wrapped up Tuesday.
Judge Samantha Schosberg Feuer said she will issue a written order on whether or not she believes Harris is immune from prosecution.
“I hope for the judge to be fair and go over the evidence thoroughly. If she decides that David has immunity, he’ll be set free,” said Franklin Prince, Harris's attorney.
Prosecutors for the state said they felt Harris was the initial aggressor, pointing out that Harris did not call 911 after the attack.
“This is in no way shape or form a stand your ground immunity,” said Palm Beach County Assistant State Attorney Jill Richstone.
If Judge Schosberg Feuer denies the stand your ground defense, Harris will go on trial in April.