Victims: Joel Kun (killed), James Kun (killed)
The accused: Jason Clair

Kun

Joel Kun

White male

Age at time: 21

Weapon: unarmed

Victim photo: St. Cloud Police Department

Kun

James Kun

White male

Age at time: 23

Weapon: unarmed

Victim photo: St. Cloud Police Department

 
Clair

Jason Clair

White male

Age at time: 28

Weapon: gun

gun

Defendant photo: Osecola County Sheriff's Office

Case type:
Party/Bar Fight

Location:
Outside A Bar

Initiator:
Unclear

Witnesses:
Yes

Case year:
2011

Location details: outside Len'z Dug Out Pub in St. Cloud, Osceola County, on June 28, 2011

What happened: The Kun brothers and Jason Clair were ejected from the rowdy bar for fighting just before midnight on a Tuesday. One bar patron heard Clair threaten to kill the entire Kun family. The fight continued outside and witnesses saw the brothers beat up on Clair until he got in his truck and drove away. He returned quickly armed with a semi-automatic Glock and shot the brothers. He fired more shots at close range as they lay bleeding in the parking lot. Clair asked, "Do you want some too?" as their mother rushed out of the bar to see her boys. Then at least six men in the crowd pounced on Clair, beat him and took away his pistol.

The outcome: Clair was charged with two counts of first degree murder. The defense filed a motion to dismiss citing the Stand Your Ground law. A hearing was scheduled and when it was postponed, a brawl broke out between the families and friends of the defendants and victims. Those charged in the affray were barred from the courtroom. At trial witnesses testified that the brothers had been unarmed and that Clair only had a bruise under one eye from the fight. In October of 2012, a jury found Clair guilty on two count of first-degree murder and aggravated battery. The judge sentenced him immediately to life in prison without the possibility of parole.

Investigating agency: St. Cloud Police Department

Case decision made by: Jury

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: Orlando Sentinel, June 29, 2011. Link to original source

Source: Orlando Sentinel, May 18, 2012. Link to original source

Source: Orlando Sentinel, July 9, 2012. Link to original source

Click here for more information about how we compiled these cases. Know of something we missed or have a photo to share? Submit a case here.

 

Case last updated: Aug. 10, 2013