Attorney files Motion to Dismiss in Stand Your Ground Case involving Disabled Iraqi Combat Veteran

Posted on September 4, 2024 by Romi White

Navarre attorney Keith Kilpatrick on August 12 filed a motion to dismiss a case against his client, Josh Huston, a 100% disabled Iraqi combat veteran charged with attempted second-degree murder after shooting an ex-convict who had trespassed and was allegedly breaking into a recreational vehicle around 2 a.m., Nov. 7, 2022.

Kilpatrick asserts Florida’s Stand-Your-Ground Law applies. However, Santa Rosa County Sheriff’s Office, after conferring with the First Judicial Circuit State Attorney’s Office, stated that defense wasn’t applicable.

Now the State Attorney’s Office is pressuring Huston to accept a plea deal by Oct. 1. But Kilpatrick is ready to take the case to trial, which is scheduled for Nov. 19 at Santa Rosa County Courthouse.

Before relocating to another state, Huston and his family lived in Biscayne Point subdivision in Navarre. The incident took place inside a fenced parcel where the family stored recreational vehicles and boats adjacent to their home.

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 incident took place.

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 states 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 after seeing a shiny metal object carried by the thief. The trespasser was shot 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 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.

Brock is currently in jail on charges related to a daylight theft at Tractor Supply in Navarre. He’s also suing the Hustons for the injuries he sustained while trespassing and burglarizing their recreational vehicle.

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/