PASCO COUNTY, Fla — He’s accused of firing a pistol at Pasco County deputies who came to arrest him for allegedly practicing medicine without a license, and Dale Massad just admitted to pulling the trigger.
But, his lawyers say he was just standing his ground.
According to a motion to dismiss the case filed on Jan. 3 in the Sixth Judicial Circuit Court, Massad claims he was woken from a deep sleep at 4:30 a.m. by the SWAT team storming through his front door, and he thought criminals were breaking into his home.
The motion says deputies rolled up in an armored truck, armed with automatic weapons, and used a shotgun to blast open the lock.
Then, Massad’s lawyers say an "explosive device" was thrown inside and exploded.
They claim Massad is hard of hearing, and neither he nor his house guests heard the deputies identify themselves as law enforcement.
According to the motion, one houseguest called 911 and said: “the home was under attack by criminals.”
Massad is asserting that he had the right to defend against what he perceived as a direct threat to his life, and the motion states he dropped his gun as soon as he realized the people in his home were deputies there to arrest him.
Under Florida Statute 776.013, a person in a home where they have a right to be “has no duty to retreat and has the right to stand his or her ground and use or threaten to use” deadly force.
But Florida Statute 776.032 states that right exists “unless the person against whom force was used or threatened is a law enforcement officer…who was acting in the performance of his or her official duties and the officer identified himself or herself.”
Massad was found guilty of trying to interfere with the investigation against him. Prosecutors successfully argued he tried to get former acting mayor Terrence Row to retaliate against a witness.
Rowe was arrested, charged with obstruction of justice and suspended by Gov. Ron DeSantis.
RELATED: Ex-Port Richey Mayor Dale Massad convicted on charges related to trying to interfere with his case
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