Florida bill sparks debate over right to self defense during unlawful arrest
The shooting death of a Daytona Beach police officer is the driving force behind a new bill moving through the Florida Legislature.
Body camera footage captured the moment Daytona Beach Police Officer Jason Raynor was shot in the head by Othal Wallace during a traffic stop in 2021.
He later died in the hospital.
A Clay County jury ultimately convicted Wallace of manslaughter, sparing him a life sentence.
'The defendant argued that because Officer Raynor lacked reasonable suspicion to detain Wallace, Wallace was justified in using force against Officer Raynor,' said State Representative Jessica Baker (R-Jacksonville).
Baker is sponsoring the 'Officer Jason Raynor Act' this year which would make manslaughter of a law enforcement officer a mandatory life sentence.
But other changes the bill proposes has raised concerns among defense attorneys and state Democrats.
'For whatever reason, they don't want somebody to resist an excessive unlawful arrest. Well, shame on you,' said State Representative Mike Gottlieb (D-Davie) during the bill's last committee stop in the House Thursday.
The legislation deletes language in state law that prohibits law enforcement officers from using force when they know an arrest they're carrying out is illegal and language that allows a person to defend themselves if they're unlawfully being arrested or detained.
Instead, it would permit a person to defend themselves only when excessive force is used by an officer.
'What about just the mere force itself when that officer knows what they're doing is wrong?' said Aaron Wayt with the Florida Association of Criminal Defense Lawyers.
But Baker argued the change simply clarifies existing court precedent.
'You can always raise a self-defense claim and the jury will be given instructions that expose that,' said Baker.
The bill is currently teed up for final votes on the House and Senate floors.
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