The man accused of murdering his co-worker at a popular Mandarin restaurant in 2017 is taking his Stand Your Ground claim to the First District Court of Appeal.
Lee Rodarte, who is accused of killing Savannah Gold and dumping her burned body in a Westside lake, appealed a judge’s denial of his immunity motion. That appeal prompted the higher court to delay the trial for at least 30 days, and possibly much longer.
Florida’s Stand Your Ground law allows someone to use deadly force if they have a reasonable fear of death. Such claims are typically filed early in a case before formal charges are filed. Rodarte’s petition was filed in July, two years after Gold’s death.
According to his petition, Rodarte says he is entitled to immunity in Gold's death because he killed her in self-defense.
“In pain and fearing imminent serious bodily harm, the defendant grabbed Ms. Gold's neck in an effort to break her grip," he wrote in his petition. As the struggle continued, it says, Rodarte shifted his weight and pushed her into the backseat of the car, at which point he “felt and heard a pop in Ms. Gold’s neck.”
Circuit Judge Marianne Aho denied the motion earlier this week. But in a filing Thursday, Rodarte’s attorneys asked the First District Court of Appeal weighs in.
The appeals court automatically stayed court proceedings, putting off Rodarte’s trial, which was originally set to begin Monday.
The court asked the state to respond within 30 days as to why the Stand Your Ground motion should not be granted. Rodarte will then get another 30 days to respond.
Stay with First Coast News for more on this developing story.