Joel Kun
White male
Age at time: 21
Weapon: unarmed
Victim photo: St. Cloud Police Department
James Kun
White male
Age at time: 23
Weapon: unarmed
Victim photo: St. Cloud Police Department
Jason Clair
White male
Age at time: 28
Weapon: gun
Defendant photo: Osecola County Sheriff's Office
Case type:
Party/Bar Fight
Location:
Outside A Bar
Initiator:
Unclear
Witnesses:
Yes
Case year:
2011
Location details: outside Len'z Dug Out Pub in St. Cloud, Osceola County, on June 28, 2011
What happened: The Kun brothers and Jason Clair were ejected from the rowdy bar for fighting just before midnight on a Tuesday. One bar patron heard Clair threaten to kill the entire Kun family. The fight continued outside and witnesses saw the brothers beat up on Clair until he got in his truck and drove away. He returned quickly armed with a semi-automatic Glock and shot the brothers. He fired more shots at close range as they lay bleeding in the parking lot. Clair asked, "Do you want some too?" as their mother rushed out of the bar to see her boys. Then at least six men in the crowd pounced on Clair, beat him and took away his pistol.
The outcome: Clair was charged with two counts of first degree murder. The defense filed a motion to dismiss citing the Stand Your Ground law. A hearing was scheduled and when it was postponed, a brawl broke out between the families and friends of the defendants and victims. Those charged in the affray were barred from the courtroom. At trial witnesses testified that the brothers had been unarmed and that Clair only had a bruise under one eye from the fight. In October of 2012, a jury found Clair guilty on two count of first-degree murder and aggravated battery. The judge sentenced him immediately to life in prison without the possibility of parole.
Investigating agency: St. Cloud Police Department
Case decision made by: Jury
Trayvon Martin’s death became controversial because circumstances leading up to the shooting cast doubt on who was to blame. The Tampa Bay Times reviewed other “stand your ground” cases for similar circumstances. The Times relied on available information, some of which may not tell the whole story. When the situation was unclear, that was noted.
| Yes | No | Unclear/ disputed |
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|---|---|---|---|
Did the victim initiate the confrontation? |
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Was the victim armed? |
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Was the victim committing a crime that led to the confrontation? |
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Did the defendant pursue the victim? |
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Could the defendant have retreated to avoid the conflict? |
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Was the defendant on his or her property? |
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Did someone witness the attack? |
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Was there physical evidence? |
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Source: Orlando Sentinel, June 29, 2011. Link to original source
Source: Orlando Sentinel, May 18, 2012. Link to original source
Source: Orlando Sentinel, July 9, 2012. Link to original source
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Case last updated: Dec. 17, 2012
