Judge Rules Reeves Can Not Use ‘Stand Your Ground’ Defense

Curtis Reeves said he believed he was in a “life-or-death struggle” with Chad Oulson before killing him on Jan. 13, 2014, at the Cobb Grove 16 Cinemas.

Curtis Reeves will face second-degree murder charges for the shooting death of Chad Oulson at the Cobb Grove 16 Cinemas in Wesley Chapel after Pinellas-Pasco Circuit Judge Susan Barthle ruled March 10 that the controversial “stand your ground” defense did not apply in his case.

Reeves, a 74-year-old retired Tampa Police Captain, and Oulson, who was 43 when he died, had an altercation at the cinemas prior to the showing of the movie “Lone Survivor” on Jan. 13, 2014.

Reeves claimed he feared for his life and that Oulson was aggressive towards him after Reeves asked him to stop texting during the movie previews. Reeves claimed Oulson punched or threw a cell phone at him, and that he had no choice but to shoot.

Oulson was shot in the chest and died at the scene. 

Reeves’ attorney, Richard Escobar, invoked the “stand your ground” defense, which says a person does not have to retreat when confronted and can use deadly force if they feel they are in danger of bodily harm or death. If “stand your ground” is permitted by the judge, the accused does not have to stand trial.

But, a two-week-long hearing (Feb. 20-March 3) failed to convince Judge Barthle that it was applicable.

“After careful consideration of all of the evidence provided in this case, this court finds that the defendant did not credibly demonstrate that he reasonably believed it was necessary for him to use deadly force in this situation, therefore, defendant’s motion is DENIED,” Judge Barthle wrote.

Reeves’ defense hinged on his account of being attacked by Oulson and in fear for his life. According to Reeves, Oulson, who was sitting one row in front of him, was coming over the seat to attack him and practically on top of him when he pulled the trigger.

“The defendant testified…that he was grabbing the alleged victim’s chest or body with his left hand while he fired the fatal shot with his right hand, and even stated that he was surprised he did not shoot himself in the hand while doing so: The video evidence and other witness testimony contradicts this assertion also,’’ Judge Barthle’s order stated.

The closest Oulson came to Reeves is when he grabbed Reeves’ bag of popcorn and threw it at him.

“The video then shows the defendant lunge forward with his right arm extended, and fire at the alleged victim, who at that point was so far back from the defendant that he could not even be seen in the video anymore,’’ Judge Barthle concluded. “He certainly was not on top of the defendant, and plainly, the defendant’s left hand was nowhere near the alleged victim’s body.”

Reeves, who is 6 feet, 4 inches tall, was portrayed by the defense as old, frail and fearful for his life, but the judge concluded that he was anything but that fearful victim.

“He is quite a large and robust man,’’ she wrote. “He also appeared quite self-assured when he was testifying, and certainly did not appear to be a man who was afraid of anyone.”

Reeves testified for six hours during the hearing on Feb. 28, claiming that he politely asked Oulson to stop using his cell phone as the previews began.

Oulson swore at him, Reeves said. He said that Oulson’s wife Nicole was talking to him.

“I felt like he would ultimately comply,’’ Reeves testified.

Reeves also said that when Chad Oulson returned to his phone, he told him he was going to the cinema manager to complain. When Reeves returned from talking to the manager, he said he noticed the phone was off, and said he apologized to Oulson for involving cinema management.

That contradicted Nicole Oulson’s testimony of Feb. 23, when she claimed that Reeves was anything but polite in asking her husband to turn off his phone, calling it more of an “order” than a request.

And, she said, when he returned after talking to management, Reeves did not apologize, but rather goaded her husband.

“I see that you put the phone away now that I went to get management,’’ she testified that Reeves said to her husband. “It was not a polite, ‘Oh, thank you for putting it away’…It was to keep nagging at Chad…to keep the argument going.”

According to Reeves, a few seconds later, Chad Oulson stood and confronted him, as Nicole tried to restrain him.

“When I looked up, he was coming over the seat at me, across from where my wife was,” Reeves said. “I saw just a snapshot of something dark in his hand. Almost immediately, I saw what I perceived to be a glow from a light screen right in front of my face, and I was hit in the face.”

Reeves claimed the blow almost knocked the glasses off his face.

At that point, he testified that he began to fear for his life. “I realized I was in a life-or-death struggle,” he said.

Witness Mark Turner, a retired U.S. Air Force officer who was sitting a few seats down from Reeves, said he heard Reeves say something like, “Throw popcorn in my face” almost simultaneously with the shot being fired.

Two other witnesses sitting nearby in the theater, also testified that they heard Reeves make the popcorn comment. Another witness to the shooting,  Derek Friedhoff, said the popcorn comment was prefaced by “show you.”

Sumter County Sheriff’s Sgt. Alan Hamilton, who was off duty that day but taking in a movie, delivered what was some of the most damaging testimony to Reeves on Mar. 1.

Sgt. Hamilton testified that he saw the popcorn fly, followed almost immediately by the flash of the gun. He moved to where the shot came from, and said he heard Curtis Reeves’ wife Vivian say, “That was no cause to shoot that man.”

He then claimed Reeves scolded his wife.

“He pointed his finger at her and told her to shut her mouth and to not say another f-ing word,’’ Hamilton recalled.

Hamilton said he identified himself as a deputy and took the pistol Reeves had shot Oulson with away from the suspect.

Hamilton also testified that while he was keeping an eye on the altercation, he did not see Oulson climb over a seat to get at Reeves, as Reeves testified, or throw a cell phone or a punch at him.

“Common sense and the credible testimony of the medical examiner casts grave doubt on the likelihood of anything hitting the defendant in the eye beneath his glasses in the manner the defendant described,’’ the judge wrote. “Which begs the question, why did the defendant say he was hit. in the left eye  to the point of being dazed, when the video images and basic physics indicate that he did not get hit in the left eye with anything? The logical conclusion is that he was trying to justify his actions after the fact.”

In audio recordings of Reeves’ being interviewed the day of the shooting, Reeves can be heard saying what he had done was “stupid.”

“If I had it to do over again, it would never have happened,” he said. “We would have moved. But, you don’t get do-overs.”

Wesley Chapel Town Hall Somewhat Divided On What To Do With Obamacare

More than 150 people attended the Feb. 22 Town Hall meeting hosted by U.S. Congressman Gus Bilirakis (standing, far right) at the Wesley Chapel High Center for the Performing Arts.

Many politicians, including senator Marco Rubio (R-FL), are ducking their constituents — or liberal activists, they would say — by avoiding town hall meetings.

Not Republican U.S. Representative Gus Bilirakis, however, who represents the 12th District of Florida, which includes all of Wesley Chapel.

In fact, Rep. Bilirakis is tackling his town halls head on, including one held Feb. 22 at Wesley Chapel High on Wells Rd.

While the crowd of roughly 150 wasn’t quite as rowdy as some of the other town halls Bilirakis has hosted recently, the message was clear: don’t take away our healthcare, but fix it.

Those fixes, said most of those in attendance, shouldn’t include getting rid of some of the more popular provisions of the Affordable Care Act (aka “Obamacare”), specifically the number one concern raised that evening — coverage for those with pre-existing conditions.

“I’m begging you to keep something with pre-existing conditions,’’ said Bonnie Axler of Land O’Lakes. “I will lose my husband (who has cancer) if you don’t keep something.”

Bilirakis, praised by many of the speakers for showing up and not hiding from the people he represents, appeared to be truly listening to many of those speaking up. He cited his meetings with his constituents as the reason behind his support for the Obamacare repeal, which Republicans unveiled this week.

Although widely panned by Democrats and Republicans alike, as well as receiving little support from the country’s leading hospital and doctor groups like the American Medical Association (AMA), the Federation of American Hospitals and the AARP, Bilirakis said in a press release Thursday that “We have a better plan” than Obamacare.

The replacement, the American Health Care Act, is, according to Bilirakis, “the answer to lower costs, expand choices, and give patients more control. This bill reflects the feedback I’ve heard from my constituents over the past eight years. With our bill, we will put in place a health care system that works for Florida and the nation.”

A member of the House Energy and Commerce Subcommittee on Health, Bilirakis is co-sponsoring the Pre-Existing Conditions Protection Act, which prohibits insurance companies from denying access, limiting coverage or raising premiums because someone is already sick.

Bilirakis also would like to see any replacement plan retain the ACA provision that allows people to keep their kids on their insurance until they turn age 26. That was good news to Zephyrhills resident Carrol Vaughn, who said she is fighting breast cancer and has a daughter in her 20s.

“There aren’t a lot of options to protect her until she’s 26,’’ she said.

Others, like Kurt Accebach of Odessa, went further. Accebach said everyone pays taxes for the police, the military and our streets, because it is for the common good.

“Maybe it’s time healthcare became a common good,’’ he said. A number of town hall attendees went over to shake Accebach’s hand afterwards.

Despite being in favor of some parts of the ACA, Rep. Bilirakis is opposed to Obamacare, voting to repeal it many times and calling it “unsustainable.”

“The costs are too high,’’ he says. “We have to come up with something better.”

His constituents have been showing up to demand it.

One speaker at the Wesley Chapel town hall reminded Rep. Bilirakis that he signed a pledge to repeal Obamacare in 2010, and campaigned on that promise while winning 71 percent of the vote (it was actually 63.5 percent) in 2012. He ran unopposed in 2014 and, in 2016, while still campaigning against Obamacare, Bilirakis received 68.6 percent of the vote.

“My question is to you,” said the speaker, “are you going to keep your campaign promise and repeal Obamacare?”

Bilirakis said he was keeping his promise, but was going to the people for ideas.

While those who voted for him and for President Donald Trump in Republican-friendly Pasco County may be demanding a repeal-and-replacement of the ACA, the controversial healthcare law is gaining in popularity across the country.

According to CNN, the latest Health Tracking Poll from the Kaiser Family Foundation, a polling source for the healthcare community, found that Obamacare has its highest level of support ever, with 48 percent in favor of it versus 42 percent opposed. A recent Pew Research Center poll (a nonpartisan fact tank), which does extensive public polling on different issues, has those numbers at 54 percent in favor of the ACA vs. 43 percent opposed.

Both are non-partisan organizations.

There remains, however, vocal opposition from those who cite rising costs and a shortage of plans and doctors as their reasons for dismantling it.

A steady stream of speakers lined up to offer their ideas to Bilirakis, ranging from requests to expand Obamacare to those who wanted to see it blown up altogether.

Some, like Axler, admit that the costs may be rising, but, “Every month I call in my credit card for that insurance, I thank God (my husband) is) still alive.”

Many in attendance blamed those rising costs on insurance companies, and cited that the No. 1 cause of bankruptcy in America is medical costs.

“When insurance and ‘big pharma’ is run as a profit model, we lose,’’ said Jennifer Higgins of Lutz.

Kim Irvine of Land O’Lakes claimed that Obamacare is not working. “I am for repealing and replacing it,’’ she said.

While she did say she supports a replacement covering pre-existing conditions, she told Bilirakis that those who insisted on keeping their children on their insurance until they were age 26 were “coddling” them.

“They need to grow up and get a real job,’’ she said.

Others, like Sandy Graves of Lutz, said supporters of Obamacare must be listening to “fake news.”

Rev. Mary Anne Dorner of Wesley Chapel said she has been struck by how divisive and looming the healthcare issue has become. “I have never seen people so afraid,” she said. “People are getting sick because they are so afraid.”

Dorner asked Bilirakis not to support a repeal of the ACA if there isn’t an improved replacement plan ready to go immediately.

Some in the crowd were still seething over comments made at Bilirakis’ town hall on Feb. 11, which attracted national attention. At that meet-up, Hudson’s Bill Akins, the then-Secretary of the Pasco Republican Executive Committee, told the crowd that the ACA has a provision for “death panels.” When the crowd erupted in protest, he called them “children” who needed to calm down.

Akins resigned a few days later.

But, Chelsea Bunch of Action Together Tampa Bay confronted Bilirakis (who was accused by some as nodding in agreement with Akins) at the Feb. 22 Town Hall, and asked him to publicly say there is no such thing as “death panels” in the ACA.

Bilirakis grabbed a microphone and said “There is no such thing as death panels in the ACA,” as the crowd erupted.

The town hall, scheduled for 6 p.m.-8 p.m., lasted two-and-a-half hours. Afterwards, Bilirakis posted a statement on his website.

“I held a series of public listening sessions on health care because it is my duty as a Representative to hear firsthand from my constituents, whether we agree or disagree on the issues. I will continue to seek common ground and constructive exchanges of ideas with the people of my district. That’s what democracy is all about.”

Dirt Is Moving On S.R. 56 Extension

Just east of the intersection of S.R. 56 and Meadow Pointe Blvd. is a busy place these days.

Construction has begun, rather quietly, on the S.R. 56 extension project that is expected to have a huge impact on central-to-eastern Pasco traffic and development.

After years of trying to figure out a way to pay to extend S.R. 56 from Meadow Pointe Blvd. to U.S. Hwy. 301/S.R. 41, and then pulling off a complicated deal to get approval from the Pasco County Board of County Commissioners, ground finally started moving in February on the extension without a big kick-off.

“We wanted to do something, we just couldn’t make it happen with everyone’s schedule,’’ said District 2 Commissioner Mike Moore. “But, they are moving dirt, and that’s the important thing.”

Moore and others had tried to arrange a groundbreaking ceremony, but once the U.S. Army Corps of Engineers gave the okay in early February, construction company Cone & Graham wasted little time digging in.

“We didn’t want anything to hold it up,’’ Moore said.

The road, which was originally envisioned as a two lanes, is now a four-lane $65-million project that is being touted as a big victory for economic development opportunities in the area, as well as increasing the tax base in both Zephyrhills and Wesley Chapel as new homes continue to be built throughout the area. The extension also will relieve traffic on both S.R. 54 and S.R. 56, and provide easier access to I-75. It also will open a new path to Morris Bridge Rd., which also connects into the New Tampa area.

Currently, Wesley Chapel and Zephyrhills residents only have the two-lane S.R. 54 for east-west traveling between the areas, a trip that can be grueling during rush hours and other times.

But, S.R. 56 will provide more and easier access. And, with a widening of S.R. 54 project set to go for later this year, Moore says it will soon be “smooth sailing” for local commuters.

The S.R. 56 extension is a partnership with the City of Zephyrhills and four developers.

Funding for the project, which will cost less than $58 million (not including $8 million in interest), is being provided by the Florida Department of Transportation (FDOT), Pasco County, the City of Zephyrhills and the developers of Wesley Chapel Lakes, Wyndfields, River Landing and Two Rivers Ranch.

The developers are expected to add (gulp) more than 10,000 homes along the extended S.R. 56 from where it currently ends at Meadow Pointe Blvd. As for “soon,” the road is expected to be completed by the end of 2019.

By then, Moore joked, the county will have a ceremony ready to go to celebrate its newest transportation improvement.

Taste Of New Tampa & Wesley Chapel To Rock Florida Hospital Center Ice!

Dress Warm! The Coolest Event Ever Will Be Held At The Coolest Venue Ever — Saturday, March 18, Noon-4 p.m!

The Greater Wesley Chapel Chamber of Commerce (WCCC) was no longer interested in putting on any more big events. The New Tampa Rotary Club just happened to be looking for one.

So, with a little bit of gentle negotiations, the Taste of New Tampa — formerly a New Tampa Chamber of Commerce fund raiser that was inherited by the WCCC when the two chambers merged in 2014 — fell back in New Tampa’s mouth…errr, hands.

“They had an asset, meaning the trademark for the Taste of New Tampa, and it was a great opportunity for us as a club to take on that trademark,’’ says Karen Frashier, the president-elect of the New Tampa Rotary and chair of the 21st (but now-renamed) “Taste of New Tampa & Wesley Chapel.”

Scheduled for Saturday, March 18, noon-4 p.m., at the new Florida Hospital Center Ice, this year’s Taste has the potential to be the best one ever.

Why? Here are our top five reasons you should attend the 2017 “Taste”:

1. IT’S INDOORS!

If you attended many of the previous 20 Tastes, chances are there was at least a time or two when you cursed out the weather. Whether you were soaked by the rain or just drenched in your own sweat, being held outdoors sometimes made the food spectacular a crapshoot.

But, you’ll want to wear an extra layer of clothing for this one.

You won’t be standing directly on ice — but it will be beneath the rink’s special “sports court” floor — and the temperature inside the FHCI will be below 60 degrees.

You’ll be dry from any rain, though, and you can leave the sunscreen at home. Hurrah!

2. THE FOOD!

The last Taste in 2013, due to the threat of torrential  rain, ended up having fewer than 20 restaurants show up. This year’s event already has 41 signed up, with a month to go. According to our own Gary Nager, the restaurant chair for the 2017 “Taste”, there are another dozen or so still interested in participating at our deadline, so you might just have the choice of sampling food and adult beverages from more than 50 restaurants and beverage providers when it’s all said and done.

Your choices cover just about the whole spectrum of categories. Arroy Thai, Cantina Laredo, Dempsey’s Steak House, Latin Twist Cafe, Little Italy’s, OTB Delights Cafe, Paramount Lebanese Kitchen, Pepe’s Cuban Cafe and Union 72 are among the many participating at our press time.

And, organizers didn’t forget about your sweet tooth, as Blondie’s Cookies, La Berry Yogurt & Ice Cream, 7 Layers Bakery, Happy Cow Frozen Yogurt and The Cake Girl are among those that will be dishing out desserts. For a complete list, check out pages 34-39 of our latest New Tampa issue, or pages 40-45 of our upcoming Wesley Chapel issue.

3. IT’S FOR A GOOD CAUSE

The New Tampa Rotary Club supports a lot of worthwhile causes, and much of the money raised at The Taste will help the club support about 25-30 nonprofits in this area. The Rotary’s signature project is Feeding America Tampa Bay, so four mobile food pantries in the USF area, Meals on Wheels and the club’s meal-packing events – to which the club devotes $10,000-14,000 annually — will benefit.

“We saw (the Taste) as a great potential fund raiser for the nonprofits that we support,” Frashier says.

Also, 10 percent of the net proceeds will be provided to the WCCC to be used for scholarships for area high school students. The WCCC already gives out mutliple scholarships to students at Wesley Chapel and Wiregrass Ranch high schools, but now, thanks to The Taste, you can add Freedom and Wharton to that list, too.

4. THE ENTERTAINMENT

The Taste continues to add new stuff every week, but you can plan on checking out the Wiregrass Ranch drumline, the Bob Thompson Trio and the New Tampa Players, a local acting troupe that plans to perform a medley of Broadway hits, including some from the group’s latest production of “Jesus Christ Superstar.” 

Frashier also said that all of the sponsors will have tables, and FHCI will offer open skating plus hockey, figure skating and perhaps even curling demonstrations.

There will be an area set up for kids to work on projects, and a trophy presentation at the end of the event — The People’s Choice Awards, where the public can vote on the tastiest food (or beverage) they sampled during the day. The top three vote-getters will win the “People’s Choice” awards.

5. GEORGE STELLA 

Famous low-carb chef George Stella may not be the Godfather of the low-carb lifestyle – that’s still Dr. Atkins – but he’s pretty close.

Stella will be on hand, and we hear he will be showing everyone how he makes two of his more popular dishes — Anaheim Shrimp Scampi and Plant City Strawberry Shortcake Martinis.

Stella, who once weighed 467 pounds before dropping 250 by cutting out carbs, hosts “Low-Carb And Loving It” on the Food Network, and his most recent book — Low Carb Essentials — sold out in two days on QVC, Frashier said.

He will be signing copies of the book at The Taste, so if you need to drop a few pounds, the day after this event may sound like a good time to start.

For ticket and volunteer info for the 2017 Taste of New Tampa & Wesley Chapel, visit TasteOfNewTampa.org.

New Tampa Players Co-Founder Announces New Show & Master Theatre Class

Danny Zolli will give an Acting Master Class on Saturday, March 11, for the first 40 area performers to sign up.

There may be little news to report right now about the oft-delayed New Tampa Cultural Center, but one of the main beneficiaries of the proposed center is keeping busy.

Doug Wall, who founded the non-profit New Tampa Players (NTP) community theatre troupe that will one day call the cultural center home, has a number of projects scheduled that will keep the budding thespian communities in New Tampa and Wesley Chapel busy.

First, Wall is bringing in renowned Broadway star Danny Zolli to give an Acting Master Class as a fund raiser for NTP, at the troupe’s current home at the University Area Cultural Development Center (UACDC) on N. 22nd St., just south of Bearss Ave.

“We want to reach out to all of the thespians all over the Tampa Bay area,’’ Wall said.

Scheduled for Saturday, March 11, 2 p.m.-5 p.m., the class will allow area performers to learn from Zolli, who has been heralded for his enormous vocal range and is best known for his record-breaking number of productions as Jesus, Judas and Annas in more than 25 productions of the Broadway hit “Jesus Christ Superstar” throughout the world.

The cost for the class is $100, and the class will be limited to the first 40 that sign up.

“With a master class, you want to keep it small,’’ Wall says. “If you’re working on something, you can audition that piece so he can critique it and work with you on it. There will be pulled readings and improv, a lot of the things that go on in New York and Los Angeles that he’s bringing here.”

Except for the price – Wall says a similar class held in those cities would cost at least $350. “This is a great opportunity for people,’’ he says.

Zolli’s appearance at the UACDC coincides with the NTP’s own production of “Jesus Christ Superstar,” which kicks off the troupe’s 2017 season and will be performed on Fri., Mar. 31, Sat., Apr. 1, Fri.-Sat., April 7-8, 8 p.m., and at 2 p.m. on Sat.-Sun, April 1-2, and Sat.-Sun., April 8-9.

Zolli will actually give two Master Classes, but Wall has reserved one for the NTP’s current “Jesus Christ Superstar” cast of 25 performers.

“As soon as we chose ‘Jesus Christ Superstar’ as a show we wanted to produce, I reached out to Danny and said, ‘I would really like to do something special and (have our group) work with you in a workshop environment to understand the show like you do,’’ Wall says. “It means everything to our group and our production to work with Danny.”

Zolli starred as Jesus in the 30th anniversary concert of “Jesus Christ Superstar”, and, in the 25th anniversary North American Resurrection Tour of the show, he won critical acclaim for his portrayal of the high priest Annas.

ROCKTOPIA, TOO!

Wall is just as excited these days about a new venture of which he is the associate producer – “Rocktopia,” which might be best described as putting an opera, a Broadway play, a light show and a classic rock concert into a blender, with a dash of Mozart, Queen, Tchaikovsky and Pink Floyd.

Wall says it’s a brand new concept he has been working on with Rob Evan, a member of the multi-platinum selling rock band Trans-Siberian Orchestra and the developer of “Rocktopia.”

“You have a symphony orchestra, a rock band, rock singers, a gospel choir, a light show and a video show,’’ Wall said. “It’s a great concept.”

Wall says the “Rocktopia” group performed its first concert in June at the Hungarian State Opera House in Budapest for PBS-TV, featuring six vocalists, five rock musicians, the Hungarian Opera Choir and the 65-piece Budapest Philharmonic Orchestra. The concert aired in Cleveland during a telethon and helped raise more than $35,000; you can catch the concert on PBS on Thursday, March 8.

The first “Rocktopia” tour kicks off Tuesday, March 28, in Portland, ME, with concerts planned in 23 cities over 28 days.

“Rocktopia” is scheduled to appear at the STRAZ Center for the Performing Arts in downtown Tampa on Saturday, April 22.

“This is eight years in the making,’’ Wall says. “We’re hoping to take the same path  Trans-Siberian Orchestra took – they partnered with PBS, started in performing arts centers and graduated to stadium concerts.”

Two other projects Wall is hoping to bring back to the area are his “Broadway Comes To Tampa” (BCTT) dinner gala, and a two-week Broadway camp that he previously held at Hunter’s Green Country Club 2004-09.

That camp was called the “NTP Broadway Summer Camp,” but Wall says it will have a different name when it returns in 2018. Instead of a day camp, like it was before, the new camp will be a two-week overnight camp that Wall says he is hoping to hold at Saddlebrook Resort  & Spa in Wesley Chapel.

The camp will be open to actors from all over the southeast, and Wall hopes to provide scholarships to this unique program and to colleges with money raised by the BCTT, which was a fund raiser for the Masque Theatre in Temple Terrace in 2000-01 and for NTP from 2002-15.

“We’re still working out all the details,’’ Wall says about BCTT and the summer camp. “But we really want to bring them back.”

For more information about the upcoming performances by the NTP, visit New TampaPlayers.org or call 644-8285. For more info about “Rocktopia,” check out Rocktopia.com.