Fatal Shooting Tests State’s “Stand Your Ground” Law

September 20, 2017

This past June, Florida Governor Rick Scott signed an amended “stand your ground” legislation that supporters say bolster civilian rights to protect themselves. According to a Reuters news article, opponents contend the amended law emboldens gun owners to shoot first and ask later.

The following is a case summary of a 2014 Palm Beach fatal shooting, by a homeowner against a trespasser, that reached jury trial in Circuit Court last month.

BAYLES, AS PARENT OF BAYLISS, DECEASED v. DELCIAMPO

A wrongful death claim was made by Scott Bayliss, as parent of 31-year-old male Aaron Bayliss, who suffered fatal gunshot injuries after he was shot with a .40 caliber Glock pistol in the back several times by defendant Joe Delciampo. According to court documents, the decedent and another male were trespassing on the defendant’s property and began to flee when discovered by the defendant. The plaintiff’s father contended his son was breaking into cars at the time and that the defendant’s decision to fire shots was without legal justification. S. Bayliss alleged suffering funeral expenses and loss of his son’s companionship. Media sources report the defendant exchanged words with the decedent before deciding to fire. In addition, the decedent had formerly been arrested and convicted of a myriad of crimes ranging from burglary to fraud, including creating a fake website where he asked for donations for a local charity but kept the donations for himself. A jury found for the plaintiff in the total amount of $2,320,000.

DATE OF INCIDENT: June 3, 2014
DATE OF TRIAL: August 7, 2017

WL 4124089 (Fla.Cir.Ct.)

For more information on this case and others, visit Westlaw Jury Verdict & Settlements.