Victim: Lucio D. Rivera
The accused: Brian Edward Clark

Lucio D._Rivera

Lucio D. Rivera

White male

Age at time: 39

Weapon: knife (disputed)

knife
 
Clark

Brian Edward Clark

White male

Age at time: 25

Weapon: none

Defendant photo: Hillsborough County Sheriff's Office

Case type:
Neighborhood dispute

Location:
Disputed

Initiator:
Disputed

Witnesses:
Yes

Case year:
2010

Location details: Either victim's or defendant's property in Tampa, Hillsborough County, on June 12, 2010

What happened: The defendant, Brian Clark, and the victim, Lucio Rivera, were neighbors who argued over Rivera's allegedly loud music. According to the police report, Clark said he had told Rivera to turn down the music, walked away and was sitting on his own porch when Rivera, who seemed very intoxicated, appeared and pulled a large knife from his waistband. Clark said he then punched his neighbor, seriously injuring his eye. He was charged with assault but argued self defense. Rivera denied having a knife and said Clark was on his property. Each man had a friend or family member supporting their version of events, but police found no unbiased witnesses.

The outcome: "Stand your ground" motion was granted by the judge.

Investigating agency: Hillsborough County Sheriff

Investigating agency: Tampa Police

Case decision made by: Judge

Trayvon Martin’s death became controversial because circumstances leading up to the shooting cast doubt on who was to blame. The Tampa Bay Times reviewed other “stand your ground” cases for similar circumstances. The Times relied on available information, some of which may not tell the whole story. When the situation was unclear, that was noted.

Yes No Unclear/
disputed

Did the victim initiate the confrontation?

Check

Was the victim armed?

Check

Was the victim committing a crime that led to the confrontation?

Check

Did the defendant pursue the victim?

Check

Could the defendant have retreated to avoid the conflict?

Check

Was the defendant on his or her property?

Check

Did someone witness the attack?

Check

Was there physical evidence?

Check

Source: Hillsborough County Clerk of Court, July 26, 2010.

Source: Hillsborough County Sheriff's Office, Aug. 2, 2010.

Source: Tampa Police Department, June 12, 2010.

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Case last updated: Aug. 10, 2013