A judge on Feb. 12 shot down Lloyd Preston Brewer III’s claim that he was acting in self-defense when he shot and killed the unarmed Garrett Hughes in the parking lot of a local bar, hours after the Super Bowl on Feb. 13, 2023.
Judge Mark Jones also ruled that Brewer is entitled to be released on bond until his trial begins. A bond hearing is scheduled for March 6, according to court records.
Brewer faces charges of first-degree murder, aggravated assault with a deadly weapon, violation of a concealed firearm permit, improper exhibition of a firearm and use of a firearm while under the influence of alcohol, chemical substances or controlled substances.
Brewer’s defense attorney Jerome Ballarotto had sought to have the murder charge dismissed, 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 ruled that Brewer 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 at Conch Town Liquor & Lounge on North Roosevelt Boulevard, which is now closed. Brewer’s family owns the building that houses the business and the parking lot where the shooting occurred, but did not own the business.
The judge writes that the incident started when Brewer exited the bar and saw 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 acknowledges 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 writes 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, “…some 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.
Judge grants Brewer a bond hearing
The same day that Jones denied Brewer’s self-defense claim, he also issued an order stating, “the defendant is entitled to pretrial release upon reasonable conditions,” meaning that Brewer can post a bond and remain out of jail until trial.
Jones ruled that Brewer will remain in the Monroe County jail until his bond hearing on March 6, when conditions of his release are decided.
