TAMPA — Trevor Dooley, the Valrico man who shot and killed his neighbor in a 2010 dispute over skateboarding on a basketball court, asked a judge Monday to be let out of jail while his latest appeal is pending.
Dooley, 75, has been serving an eight-year prison sentence since 2013 for the killing of 41-year-old David James. At his trial, he invoked the state's "stand your ground" law, arguing that he fired his gun after James attacked him.
The Second District Court of Appeal granted Dooley a new trial earlier this year, but the judges later revised their order, instead granting a new appeal.
Dooley's latest appeal centers on what the defense says were flawed jury instructions about the justifiable use of deadly force. He wants out of prison while the court considers the issue. He was previously permitted release while an earlier appeal was pending, and before his conviction.
Circuit Judge Thomas Barber has yet to rule on his request.