By David Thornton:
The death of 43-year-old Chad Oulson came suddenly and unexpectedly. During the trailers before the start of the 2014 movie Lone Survivor, Oulson called the babysitter of his beloved three-year-old daughter to check on her, not realizing that he was making a fatal mistake. 74-year-old Curtis Reeves took issue with his behavior, and an argument ensued that tragically escalated to gunfire. Before the movie had even started, Oulson lay dying and his wife wounded. Three years later, Reeves faces a hearing to determine if he will be immune from prosecution. Relying on the immunity granted from a controversial Florida law deemed “Stand Your Ground,” Reeves and his attorneys are hoping to avoid a trial. The results of that hearing will depend almost wholeheartedly on who the judge believes Curtis Reeves is.
Is Curtis Reeves the frail old man with diminishing mental and physical capacity that the defense is trying to argue? His daughter tearfully testified last week to witnessing the diminished capacity of both of her parents in recent years. His son, who had arrived in the theater just as the shooting occurred, confirmed his father’s diminished physical abilities. A doctor who examined Reeves confirmed that he suffered from arthritis and osteoporosis, as well as other conditions that are common among people his age. In Curtis Reeves’ brittle state, he would have no ability to defend himself against attack from a man nearly half his age. If the defense claims are true, the Stand Your Ground law, passed to affirm the rights of law-abiding citizens to protect themselves from attack without fear of prosecution where there exists a risk of death or great bodily harm, would apply perfectly here.
On the other hand, the prosecution paints a picture of Curtis Reeves as an aggressor. The theater has a policy (albeit more suggestive than enforced) against carrying firearms on the premises. A video shows Reeves at the front desk reporting the incident to the manager shortly before the shooting. The prosecution paints Reeves as a former Tampa PD SWAT-trained police captain angrily and aggressively lashing out at Oulson for texting during the previews. The prosecution also points out that Reeves had aggressively leaned in toward Oulson three times during their argument. Oulson was shot after he threw popcorn at Reeves and began to turn away. Prosecutors have painted Reeves shooting Oulson as retaliatory rather than preventative. Another claim yet to be substantiated by the prosecution is that Reeves had similarly confronted another couple aggressively in the theater for using their cell phones during the movie. If this is determined to be the case, Reeves is a murderer.
Even if the “Stand Your Ground” law had never been passed, there are no guarantees that the events of this fateful day would not have played out the same. Just prior to being shot, Oulson appeared in the video to throw popcorn at Reeves, and some allege that Reeves was also hit with a cellular phone. Because neither are deadly weapons, this would normally be classified as a simple battery. According to Florida State Statute 784.08, a simple battery that is committed on a person older than 65 would be a third-degree felony, even if the offender did not know the person’s age at the time. This would be classified as a forcible felony. The Stand Your Ground law (FSS 776.012 (2)) that applies here makes it justifiable to use deadly force if they “reasonably believe that using or threatening to use such force is necessary to prevent imminent death or great bodily harm to himself or herself or another or to prevent the imminent commission of a forcible felony.”
Even if the defense loses this hearing, I believe that Reeves will never be convicted of murder. This has little to do with my feelings on whether Reeves should be. I simply believe that it will be impossible to find an impartial jury that will unanimously vote to convict the 74-year-old under these circumstances. The standard of “proof beyond a reasonable doubt” that the prosecutors are required to meet is just too high to reach. By the time you are reading this, Reeves will have told his story about what happened. It is tragically sad that Oulson does not get the same opportunity to tell his version.
David Thornton is an OpsLens Contributor and retired law enforcement officer.
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