Defense Attorney Prepares to Use Stand Your Ground Defense for Man Accused of Barroom Stabbing Death

The only thing worse than hearing that someone’s fun night out ended in a bar fight, is learning that the bar fight didn’t end until one of the brawlers was stabbed to death.

In this particular case, the guy who walked away from the fight swears he only used his knife in self-defense. When police were arrived on the scene they sized up the situation and arrested Miguel Herrera Guevarra. Once he reached the South Carolina jail, he was charged with second degree murder. Under most circumstances, a second degree murder charge is serious enough that bail is denied and the defendant will have to remain in custody until and throughout their trial.

Guevarra isn’t about to accept staying in jail for what could add up to several months of his life, not when he swears he only stabbed the victim out of self-defense and that the bar’s video surveillance cameras will back up his claim.

His friend, Yeslina Ramos, agrees. “Whatever anybody says, the video speaks for itself.”

Even without the video, his friends, families, and witnesses to the fight agree that Guevarra acted out of self-defense and that he shouldn’t be forced to remain and potentially lose everything for something that isn’t his fault.

The good news is that after watching the video, the judge agrees with Guevarra.

“The judge agreed there wasn’t a reason to hold him on the charges so he was able to set bond in that regard,” said Phillip Reizenstein, the attorney who is representing Guevarra. “

“The parties have reached a mutually agreeable, confidential settlement in this matter. We extend our sympathies to victim and wish her well,” .

For a long period of time, [Hernandez] is acting erratically and violent to multiple individuals in the bar. This becomes important because my client sees this so he knows what he’s dealing with.”

Reizenstein is quite pleased that the judge agreed that the contents of the surveillance video convinced the judge to release his client and is already working on a defense strategy for the upcoming trial. “We’re going to move a little quicker. We’re going to file a stand-your-ground community motion and that will be done by the end of August and we expect a hearing date in September.”

‘I’m very pleased that not only was the video surveillance working when the bar fight took place,” personal injury attorney, Joe and Martin of The Personal Injury Firm said when he learned about this case. “It’s a good thing that the defendant had the foresight to mention the camera right away so that the footage could be rescued before it was deleted or became lost.”

This case does an excellent job of showcasing why it’s so important to contact a lawyer right away when you feel you have grounds for a personal injury civil suit. Your attorney will know exactly what pieces of evidence can be used to help you gain the largest possible settlement. They will also work to collect witness statements while the memories of the episode remains fresh in everyone’s mind.

slider-4

If you have been hurt as the result of someone else and would like to discuss your legal options, feel free to contact us.

 

 

 

Author: Carol Carter

Share This Post On