Judge Dismisses Case Against Disabled Combat Veteran

Posted on December 19, 2024 by Romi White

Navarre Attorney Keith Kilpatrick on August 12 filed a Stand-Your-Ground Law motion to dismiss an attempted murder case the First Judicial Circuit State Attorney’s Office pursued against his client, Josh Huston, a 100% disabled Iraqi combat veteran. Today Honorable Circuit Judge J. Scott Duncan ruled in Huston’s favor, dismissing the case.

According to Duncan’s order, “The Court finds that the State has not met its burden and therefore the Defendant’s Motion to Dismiss is granted.”

Huston, who served 23 years in the military, had been charged with attempted second-degree murder after shooting an ex-convict who had trespassed and was allegedly breaking into a recreational vehicle at the family’s residential property in Biscayne Point subdivision in Navarre around 2 a.m., on Nov. 7, 2022.

Court documents stated Myrick “Brock” Hamilton, who was trespassing, was behaving irrationally and got within five feet of Huston, who reported that he saw something metallic in Hamilton’s hand.

Huston suffers from PTSD and would often sleep in the fenced area on a cot beside a fire pit in order to keep his frequent bouts with insomnia from disturbing his wife and sons, who were inside the home sleeping when the shooting took place. Hamilton immediately went inside the home and called 911.

 
The State Attorney’s Office had been pressuring Huston to accept a plea deal by Oct. 1. But Kilpatrick recommended taking the case to trial, if needed. 

“I am so glad justice prevailed,” Kilpatrick told South Santa Rosa News Thursday afternoon. “This is just one of those unique, once-in-a-lifetime cases, and I’m glad it worked out the way it did.” Kilpatrick noted that the litigation had been rough on his client, pointing out it had been ongoing for two years.  

Duncan ruled the State had not proven by “clear and convincing evidence that the Defendant was not justified in shooting (Hamilton).” 

“With truth on our side and with Keith’s tenacity and expertise, justice was served,” said Huston’s wife, Tiffany. “For that, we have enormouse gratitude and relief.”

BACKGROUND

Myrick “Brock” Hamilton, a convicted felon and serial thief, has been plaguing the Holley-Navarre community for years, following his release from prison on charges including: 6 counts of burglary, trafficking in stolen property, 4 counts of grand theft and selling, dealing or manufacturing meth.

Kilpatrick’s motion stated Hamilton has been arrested 55 times. Some locals suggest Brock has been a confidential informant, considering how many times he’s been arrested compared to how many times he’s actually been prosecuted.

READ MORE: 

https://ssrnews.com/serial-thief-brock-hamilton-faces-additional-drug-related-charges/ 

https://ssrnews.com/state-of-florida-reverses-course-on-brock-hamilton-prosecution/

https://ssrnews.com/serial-thief-strikes-again/

On the night of the incident, Huston was resting outside. His cot was missing, so he wasn’t in his usual place when startled by Hamilton. A source close to the case says Huston was armed due to recent theft at their home and that he opened fire, shooting four times after seeing a shiny metal object carried by the thief. One of the shots hit the trespasser in the arm.

Huston called police, and Hamilton fled the scene.

But deputies located Hamilton next door in an abandoned house. Bodycam footage revealed Hamilton was armed with a razor knife at the time. Additionally, thousands of dollars’ worth of items belonging to the Huston family were also located inside the hideout where Hamilton had been squatting.

Hamilton had an active warrant and initially lied to police, identifying himself as his brother, Jermiah. Subsequently, SRSO distributed a press release, stating incorrectly that Jermiah was involved in the incident before issuing a correction after South Santa Rosa News pointed out Brock’s true identity.

Hamilton admitted that Fentanyl and methamphetamine were in his system at the time of the incident.  

Hamilton is also suing the Hustons for the injuries he sustained while trespassing on their property. 

READ ABOUT BROCK’S BROTHER – JERMIAH:

https://ssrnews.com/jeremiah-hamilton-jailed-after-fentanyl-bust-in-holley/

https://ssrnews.com/jermiah-hamilton-booked-again-on-drug-charges/