Judge Denies ‘Stand Your Ground’ Defense for Kevin Gates

LAKELAND — A judge on Thursday rejected a motion by rapper Kevin Gates that a misdemeanor battery charge against him be dismissed.

Judge Denies 'Stand Your Ground' Defense for Kevin Gates

Lawyers for Gates argued last week that the charge against him for kicking a fan at a club in Lakeland during a performance should be dropped based on Florida’sstand your ground” law. But County Judge Sharon Franklin wrote that Gates’ kick was not a justified action in response to Miranda Dixon grabbing his shorts twice.

“While a simple act of touching or pushing someone without his or her consent may amount to simple battery, the Court finds that such a minor act does not necessarily rise to such a level as to justify the use of force in return,” Franklin wrote.

Judge Denies 'Stand Your Ground' Defense for Kevin Gates

Stand your ground allows people to defend themselves with deadly force if they face an imminent threat, death or great bodily injury.

In the five-page order, Franklin wrote that Dixon’s testimony was more believable and Gates’ testimony was “troubling in terms of his credibility.” At the hearing, Gates, whose real name is Kevin Jerome Gilyard, described how there was no one on stage with him that night.

But Franklin said a video showed there were at least seven other men and a child on stage.

Judge Denies 'Stand Your Ground' Defense for Kevin Gates

“Defendant testified that he is always scared for his safety at his shows because of death threats he’s received, yet he allowed a very young child to not only walk out on stage with him but allowed this child to remain on the stage for the entire performance,” Franklin wrote.

 

Franklin also wrote that Gates initially stated that he did not remember being grabbed but later said he was grabbed twice. Gates is accused of kicking Miranda Dixon, 19, on Aug. 30, 2015, at Rumors Niteclub off Memorial Boulevard while he was performing in front of a packed club.

Judge Denies 'Stand Your Ground' Defense for Kevin Gates

Dixon twice grabbed Gates’ shorts before she was kicked. Dixon said on the stand last week that she suffered bruising to her stomach. If convicted, Gates faces up to a year in jail for the misdemeanor battery charge. The next hearing in the case is scheduled for Aug. 25. A trial date has not been set.

SOURCE: LEDGER

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About MzOnPointPromo

Amanda Goldben, more commonly known as Mz. On Point has always had a love for music, growing up in a household filled with music. Over the years she found herself more involved behind the scenes, then in the spotlight. She realized she wanted to help other obtain their dreams not just live her own. After working in a professional office setting and capacity for over 10 years, it was time to find something new. She wanted to find something that would fully utilized her skills and abilities, while still allowing her to be not only the main provider but also caregiver for her daughter. Almost accidentally discovering her love for music and her business skills could be used together Mz. On Point knew this was she was meant to do and began her research and networking to build not only her business and brand, but also those of the artists and clients she would be helping along the way. In November 2012 she realized that online promotions, public relations, and brand exposure where her “nitch”, all those years of office experience and computer work were showing their true worth and potential became endless. In a few short year she has had the privilege of working with some very influential people within the industry. In January of 2013 she began with DJ Shalamar and became a part of Team Fuego and now handles most of Southern Fuego’s social media & promotions. Attending sometimes dozens of events a month Mz. On Point quickly made a name for her brand throughout Central Florida. Being sure to attend key networking events, and conferences to not only network but more importantly to expand her knowledge of the industry and perfect the services she offers. January 2014 Mz On Point had the privilege of becoming apart of the infamous and world renowned DJ coalition, Team Bigga Rankin & the Cool Running DJs. May 2015 Mz On Point was honored to learn that she had been chosen to receive the Hard Hitta Award at the the 7th Annual SCM Awards which took place in Memphis, Tennessee. While she wasn't able to make the trip to accept the award one of her mentors Bigga Rankin accepted it on her behalf.

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