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Self-defense argument made in drug deal murder case

 
Byron Jackson, 33, is charged with first-degree murder during a 
drug deal. 
Byron Jackson, 33, is charged with first-degree murder during a drug deal. 
Published Nov. 28, 2014

LARGO — The drug dealer and the addict argued over a rock of crack cocaine, and it ended when the dealer shot his customer.

Defense attorneys say the man who fatally shot a cocaine buyer in a Largo parking lot should not be prosecuted for first-degree murder because any "reasonably cautious and prudent person under the same circumstances" would have done the same thing.

This new argument on behalf of Byron Jackson sounds a lot like — and relies on — Florida's controversial "stand your ground" law.

But instead, it relies on a claim of self-defense for Jackson, who has been charged with first-degree murder for shooting Stewart Duane Barker, 39.

Jackson used deadly force, and the average person under the same circumstances "would have believed that the danger could be avoided only through the use of that force," according to the motion written by Senior Assistant Public Defender Kandice Friesen.

But prosecutors disagree and have filed their own motion seeking to keep the case against Jackson alive. One of the reasons is that Jackson initially denied to officers that he shot Barker. The law doesn't allow Jackson to deny on one hand that he shot Barker, while claiming on the other hand that he did shoot Barker and it was self-defense, according to the motion written by Assistant State Attorney Adam Bugg.

A court hearing has been set for Dec. 9 so attorneys on both sides can argue the point.

Barker was a cocaine addict and a military veteran, according to court records.

On June 8, 2013, the day of the shooting, "he called several drug dealers, none of whom were willing to give him cocaine for free," according to the prosecution's motion.

"Barker called the defendant, who agreed to give Barker some cocaine in exchange for Barker's laptop computer," the motion states.

Jackson, 33, who has a long criminal history that includes previous drug cases, went to meet Barker at an apartment near 415 Woodrow Ave. in Largo, according to court records. Jackson's girlfriend, Melissa Ortiz, drove him there, and she also has been charged in the murder.

Barker got into the back seat of the car and handed over his laptop. In exchange, Jackson gave him a piece of crack, records say.

"This upset Barker because he did not feel that he was getting enough for his laptop," according to the prosecution's motion.

As he got more aggravated, he started talking about how he had a knife and said: "I will cut your f- - - - - - guts open. Like I have Army training," according to the defense motion.

The defense attorneys are asking a judge to declare Jackson immune from prosecution during a special hearing. That's a relatively new procedure that came about as a result of the stand your ground law. If the judge agrees with the defense, the murder charge would be dropped. But if the judge sides with the prosecution, the case will move forward toward a trial.

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Contact Curtis Krueger at ckrueger@tampabay.com or (727) 892-8232. Follow @ckruegertimes.