Victim: Patrick Barbour (killed)
The accused: Alphonse Gallo

Barbour

Patrick Barbour

Black male

Age at time: 24

Weapon: gun

gun

Victim photo: Sarasota County Sheriff's Office, 2009

 
Gallo

Alphonse Gallo

Hispanic male

Age at time: 35

Weapon: gun

gun

Defendant photo: Sarasota County Sheriff's Office, 2010

Case type:
Argument turned violent

Location:
Public

Initiator:
Victim

Witnesses:
Yes

Case year:
2010

Location details: Outside a nightclub, near intersection of Martin Luther King Jr. Way and Pershing Avenue in Sarasota, Sarasota County, on May 15, 2010

What happened: According to Alphonse Gallo, about 30 minutes after a minor altercation, Patrick Barbour, 24, pulled a gun on him and tried to rob him in the street outside a Sarasota nightclub. In response, Gallo fired multiple shots from his own gun, prompting a shootout with others. Gallo said he shot Barbour several times, ran away, and shot him several more times because he was still aiming a gun at him. But one witness said Gallo fired the final shots while he was standing over the victim laying immobile on the ground. A judge ruled that Gallo was defending his life during the shootout.

The outcome: Gallo was arrested and held for five months before a judge granted him immunity. Prosecutors appealed, but a higher court upheld the immunity. "All of his actions were made in response to a reasonable fear of imminent death or great bodily harm," Senior Circuit Judge Stephen Dakan wrote in a ruling in December 2011, upholding the trial judge's ruling.

Investigating agency: Sarasota 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: Sarasota Herald Tribune, None.

Source: Sarasota Police Department, May 15, 2010.

Source: Second District Court of Appeal, Dec. 30, 2011.

Source: Twelfth Judicial Circuit Court, Sarasota County, Oct. 26, 2010.

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Case last updated: Aug. 10, 2013