Darren Lopaciuk
White male
Age at time: 46
Weapon: unarmed
Charles Regan Markham
White male
Age at time: 53
Weapon: gun
Defendant photo: Pinellas County Sheriff's Office
Case type:
Argument turned violent
Location:
Public
Initiator:
Victim
Witnesses:
Yes
Case year:
2007
Location details: Raquetball court at Vanech Park in Dunedin, Pinellas County, on Nov. 22, 2007
What happened: Charles Markham was playing racquetball with his children on Thanksgiving Day when he had a confrontation with another father and pulled out his gun. Markham and the other father, Darren J. Lopaciuk, disagree about how the argument started and whether Markham pointed his gun at the ground or at Lopaciuk. Markham also said the other father threatened to "beat the hell" out of him, which Lopaciuk disputed. Lopaciuk was 8 inches taller and 40 pounds heavier than Markham.
The outcome: A judge dismissed the aggravated assault charge after agreeing that Markham was within his rights to brandish a gun to protect himself.
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 |
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|---|---|---|---|
Did the victim initiate the confrontation? |
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Was the victim armed? |
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Was the victim committing a crime that led to the confrontation? |
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Did the defendant pursue the victim? |
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Could the defendant have retreated to avoid the conflict? |
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Was the defendant on his or her property? |
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Did someone witness the attack? |
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Was there physical evidence? |
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Source: Pinellas County Circuit Court order of dismissal, Dec. 31, 2008.
Source: Pinellas County Sheriff's Office charge report, None.
Source: Pinellas County Sheriff's Office report, Nov. 22, 2007.
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Case last updated: July 3, 2012