TAMPA, Fla. – The 77-year-old man who shot and killed a father during an argument in 2010 over a skateboarder on a Valrico basketball court will have his appeal heard Tuesday morning in court.
A jury found Trevor Dooley guilty of manslaughter for killing 41-year-old David James. Dooley unsuccessfully invoked the state's "stand your ground" self-defense law.
In 2016, Dooley was granted his appeal. He has been free on bond ever since.
According to investigators, Dooley, who lived across the street from the basketball court, was yelling at a teen skateboarder when James intervened on the 14-year-old boy's behalf. Witnesses say Dooley flashed a gun, and the two began a fight -- during which Dooley claimed James was choking him. Dooley shot James, who died in front of his daughter.
On Tuesday, three judges from Florida's Second District Court of Appeal in Tampa heard arguments from the state and Dooley's attorneys as part of their effort to determine if a new trial will take place.
Dooley's lawyer, William Ponall, said he wants the court to reverse the manslaughter charge and grant a new trial based on confusing jury instructions regarding deadly force.
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