An appeals court has denied Preston Brewer’s self-defense claim in the February 2023 shooting death of Garrett Hughes at the former Conch Town bar and liquor store in Key West.
The May 16 refusal by the Third District Court of Appeal to hear oral arguments pertaining to Brewer’s self-defense claim means Brewer’s murder trial will proceed and is currently scheduled to begin Oct. 6 in Judge Mark Jones’ Key West courtroom. A pre-trial hearing is scheduled for Sept. 4 at 9 a.m.
Brewer’s attorney, Jerome Ballarotto, had sought in December 2024 to have Jones dismiss Brewer’s murder charge, based on Florida’s Stand Your Ground law that allows people to use deadly force in self-defense without retreating if they are in a place they have a right to be and are not engaged in criminal activity. The defense only applies if the person reasonably believes they are threatened with imminent death or great bodily harm, and it only applies to people who are not the aggressor.
Jones denied the self-defense claim in February 2025, having listened to arguments from Brewer’s attorney and state prosecutors. Jones determined that Brewer, now 59, was the aggressor, writing in his five-page order, “It is clear to the court that the defendant, Lloyd P. Brewer III, instigated his deadly confrontation with Garrett Hughes.”
In his order, Jones summarizes the situation that unfolded that night of Feb. 13, 2023 at Conch Town Liquor & Lounge on North Roosevelt Boulevard, which is now closed. At the time of the shooting, following the 2023 Super Bowl, Brewer’s family had owned the building that housed the bar business and the parking lot where the shooting occurred, but did not own the tenant business.
The judge wrote that the incident started when Brewer exited the bar and saw a drunk Hughes, who had been drinking in the bar moments earlier, in the parking lot, urinating against the wall of a neighboring building. Security video footage shows that Hughes was shirtless and wearing shorts and flip flops at the time of the shooting.
“Unfortunately, at the time, both men were intoxicated,” Jones wrote. “Without a doubt, their respective states of intoxication contributed greatly to the catastrophic decision-making that ultimately brought about Mr. Hughes’ death and Mr. Brewer’s prosecution.”
The judge acknowledged that Hughes, a Key West native who was 21 at the time of his death, should not have been urinating on the wall and that Brewer, the property owner, had the right to admonish Hughes “and use lawful measures to curtail his inappropriate conduct.”
Jones wrote that Hughes should have listened to Brewer and to his own friends and simply left the property to end the situation.
“Things should have ended with the verbal exchange between the two men,” the judge’s order states. “Unfortunately, Mr. Brewer took it upon himself to drastically escalate the situation by physically confronting and cornering Mr. Hughes. Specifically, Mr. Brewer advanced across the parking lot while simultaneously lifting his shirt sufficiently to display and grasp his holstered and loaded handgun. When Mr. Brewer stopped about 10 feet from Garrett Hughes, Mr. Hughes found himself trapped between the wall and the parked vehicles on either side of him with a gun-packing, angry man blocking his only obvious means of escape.
“The court finds that stand your ground immunity was not enacted to protect someone like Lloyd Brewer under these circumstances, which he created,” the order states.
Jones concludes his order by writing, “(S)ome points merit repetition and elaboration as follows:
- “The defendant was armed with a loaded handgun;
- “The defendant shot a half-naked, drunken, unarmed man;
- “The court found no persuasive evidence that Garrett Hughes used or threatened to use a broken beer bottle or anything else as a weapon;
- “The defendant had ample time to assess the situation and withdraw therefrom before Mr. Hughes, who the defendant had cornered, felt compelled to take desperate measures to defend himself;
- “Garrett Hughes only had his arms, legs, hands and feet to protect himself from the defendant;
- “The defendant emerged from the altercation virtually unscathed;
- “The defendant did not have a reasonable belief that he was facing imminent death, great bodily harm, or the commission of a forcible felony.”
Brewer remains in jail despite $3M bond
Preston Brewer, whose full name is Lloyd Preston Brewer III, has been in jail on Stock Island since the night of the shooting, despite Jones’ order in March granting him a $3 million bond that would allow him to await trial outside of jail.
As of July 29, Brewer had not posted the amount needed for the bond and remains in jail.
In addition to the $3 million monetary bond, Brewer would have to remain confined to his home on Key Haven and subject to constant GPS monitoring, according to Jones’ bond ruling.
“The defendant is allowed travel in and around Monroe County, Florida, for ‘life essential’ errands, not to exceed travel beyond the northeast boundary of mile marker 106,” the order states. “‘Life essential’ purposes may include visits with defense attorneys, legitimate work purposes, church, doctor appointments, and emergency medical needs, or other matters pre-approved by pre-trial services.”
Brewer must also relinquish his passport and all firearms, including spear guns, and is prohibited from using the boat he owns. He is prohibited from using drugs or alcohol and will submit to a minimum of three random urinalysis tests per month, the order states.
The judge also ruled that Brewer may have no contact with Hughes’ family, the witnesses in the case, the former owner of Conch Town, or three of his business and financial associates unless legal counsel is present.
