It will be up to a jury to decide if Janepsy Carballo was justified in the killing of the man she said killed her husband.
The Stand Your Ground motion filed by her defense was denied on Friday, based largely on Carballo’s inadvertent confession to a confidential informant who was wearing a police wire to investigate an unrelated drug charge at the pain management clinic where she worked.
Miami circuit court judge Beth Bloom said the tape of that conversation and the circumstances of the shooting “belied the claims” of forced entry and self-defense.
In 2008, Carballo shot Ilan Nissim six times in the back and arm one month after her husband and toddler son were shot in front of her house. Her son survived; her husband did not. Nissim was a suspect in the murder.
The controversial 2005 Stand Your Ground law eliminated a citizen’s duty to retreat when using lethal force to meet a threat of harm. The law also allowed judges greater leeway to dismiss a charge based on a self-defense claim.
The law came under scrutiny earlier this year when police initially declined to charge a self-proclaimed neighborhood watchman in the killing of Trayvon Martin in Sanford.
Carballo will go to trial in April facing murder charges.
This article will be updated as more information becomes available.
Stand Your Ground motion denied in Janepsy Carballo case
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Stand Your Ground motion denied in Janepsy Carballo case
