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DEFENDANT IS CHARGED WITH ONE COUNT OF AGGRAVATED ASSAULT WITH A FIREARM AND CCF.
DECLINE. VICTIM DALE WEEKS IS A VIOLENT CONVICTED SEX OFFENDER. DEFENDANT WAS DISTRIBUTING FLIERS IN VICTIMS NEIGHBORHOOD THE MORNING OF HER ARREST AND WAS CONFRONTED BY HIS GIRLFRIEND MARIA RODRIGUEZ. SEVERAL HOURS LATER, THE DEFENDANT WAS DISTRIBUTING FLIERS 1.7 MILES FROM THIS INITIAL CONFRONTATION FOR ANOTHER CONVICTED SEX OFFENDER WHEN THE VICTIM, DALE WEEKS PULLED UP IN A VEHICLE DRIVEN BY RODRIGUEZ . THE VEHICLE PULLED DIRECTLY BEHIND DEFENDANT ON A NARROW STREET BLOCKING HER ESCAPE. DEFENDANT GAVE A COMPLETE STATEMENT AS TO THE DETAILS OF THE INCIDENT ELABORATING THAT SHE SAW THE TWO OF THEM ARGUING AND RODRIGUEZ PULLING ON WEEKS' SHIRT TRYING TO KEEP HIM IN THE CAR. WEEKS GOT OUT OF THE CAR AND STARTED YELLING AT DEFENDANT. DEFENDANT BECAME FEARFUL FOR HER SAFETY, WENT TO HER VEHICLE, PULLED A GLOCK HANDGUN AND POINTED IT AT VICTIM TELLING HIM TO LEAVE HER ALONE. VICTIM WEEKS GOT BACK INTO THE CAR, AND RODRIGUEZ BACKED UP FOR A DISTANCE THEN DROVE AT A FAST RATE TOWARD DEFENDANTS' CAR PULLING UP AT A 45 DEGREE ANGLE BLOCKING HER OFF AGAIN. HE THEN CAME OUT OF THE CAR. WHEN DEFENDANT SAW THIS, SHE GRABBED A SHOTGUN WHICH SHE KEEPS IN THE VEHICLE FOR SPORT SHOOTING AND WENT TO THE BACK OF THE VEHICLE ON THE DRIVERS SIDE WHERE SHE CONFRONTED WEEKS WHO WAS MOVING TOWARDS HER AND WAS LOCATED ON THE PASSENGER SIDE REAR BUMPER. VICTIM THEN, WITHOUT POINTING THE SHOTGUN AT HIM, TOLD HIM TO STOP AND THAT SHE WILL SHOOT HIM IF HE COMES ANY CLOSER. WT RODRIGUEZ THEN GOT OUT OF HER CAR AND WENT TO THE PASSENGER SIDE STRUGGLING WITH WEEKS PUSHING HIM INTO THE CAR. POLICE WERE CALLED BY WEEKS. DEFENDANT WENT TO HER VEHICLE, DUMPED OUT HER PURSE, LOCATED HER CELL PHONE, AND CALLED FOR POLICE. POLICE ARRIVED, AND ARRESTED DEFENDANT. DEFENDANT APPEARS TO HAVE ACTED IN SELF DEFENSE HAVING KNOWLEDGE OF WEEKS PRIOR VIOLENT SEXUAL OFFENDER CONVICTION. DEFENDANT ACTED PURSUANT TO THE CASTLE DOCTRINE. THERE WAS NO DUTY TO RETREAT ON HER PART AND THERE IS NEW CASE LAW FROM THE 4TH DCA WHICH DOES NOT REQUIRE HER TO AVOID THE DANGER PRIOR TO THE USE OF
STATE V. VALERIE PARKHURST (CONT'D)

FORCE SEE MCWHORTER V. STATE. 2007 WL 4322184, 32 FLA.L. WEEKLY D2921 DECIDED DECEMBER 12, 2007. IT SHOULD BE NOTED THAT RODRIGUEZ HAS OUTSTANDING WARRANTS FOR MISDEMEANOR WORTHLESS CHECK CASES PENDING FROM 2006 FROM JACKSONVILLE. THERE IS ALSO A CREDIBILITY ISSUE AS WELL WITH REGARDS TO BOTH WEEKS, AND RODRIGUEZ IN ADDITION TO THE INSURMOUNTABLE ISSUE OF SELF DEFENSE. DEFENDANT HAS BEEN ACTIVELY ENGAGED IN DISTRIBUTING FLIERS OF KNOWN SEX OFFENDERS WHO HAVE MOVED IN THE AREA, IS AWARE OF THE INHERENT DANGER INVOLVED, AND HAD POSSESSION OF THE WEAPONS FOR SELF DEFENSE. THIS IS AN EXCEPTION FOR THE CCF STATUTE. NO LIKELIHOOD OF CONVICTION.