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Special magistrate denies trespass-appeal after testimony that appellant began altercation
Summary
A New Smyrna Beach special magistrate on Nov. 13 denied Kevin O'Connell’s appeal of a trespass warning after testimony and an officer’s account that O'Connell started a verbal and physical altercation; O'Connell said he struck the other man after seeing a large knife.
The New Smyrna Beach special magistrate denied an appeal of a trespass warning on Nov. 13 after hearing testimony that the appellant, Kevin O'Connell, began a confrontation that became physical.
O'Connell told the magistrate he was sitting on his truck tailgate at the Flagler Avenue parking lot when he saw another man with a knife. "I was in fear when I saw the knife," O'Connell said, and said he grabbed "the handle of a rake" and struck the man so the man would drop the knife. O'Connell said he feared for bystanders and did not seek emergency-room care after the incident.
City Attorney (on behalf of the city) questioned O'Connell and then called Officer Flanagan to testify. Officer Flanagan said a large knife lay on the ground when officers arrived and that both parties had been separated; he told the magistrate that, based on witness statements and his on-scene investigation, "Mister O'Connell is the one who started the verbal and the physical altercation." The officer also testified the other man sustained a laceration to the hairline.
In closing, the city argued the record did not establish a lawful claim of self-defense and noted the parties had engaged in a disorderly confrontation. The magistrate said there was no testimony that the other party had been actively attacking with the knife—only that a knife had been present—and concluded the city had established grounds for the trespass warning. "At this point in time, I'm gonna deny this appeal," the magistrate said, leaving the trespass warning in effect. The magistrate advised the appellant of the right to appeal the decision to circuit court.
The hearing included no criminal charges filed at the time; both parties had received trespass warnings and neither wished to press charges, the officer said. The magistrate's decision was based on the testimony presented at the hearing and the officer's account of injuries and scene conditions.
The magistrate closed the matter and moved on to the remainder of the docket.
