A judge denied the claim of self defense, using Florida's 'Stand Your Ground' law, by a man during an incident in Brickell back on MLK Day in 2019 where he was seen on camera pulling a gun on protestors and yelling racial slurs.
Mark Barnett will face charges for the incident after his claim was denied late Thursday night by Judge Alberto Milian.
"Disproving the self defense arguments of Florida's 'Stand Your Ground' law can be a very difficult hurdle for prosecutors to overcome," Miami-Dade County State Attorney Katherine Fernandez Rundle said in a statement. "Now that my prosecutors have done that, it is time to move this long-delayed case to trial."
Both Barnett and his fiance, Dana Scalione, testified Thursday they were actually the victims and that they were being held hostage when the mostly juvenile protesters were blocking traffic on the Brickell Avenue bridge.
The fiancé claimed she didn’t see Bartlett pull out a gun on the protesters.
"I never new he had a gun in the hand," Scalione said.
Cell phone video of the incident that day shows Bartlett with a gun in his hand and his fiancé in the video.
In the video, Bartlett is heard using racial slurs at the protesters.
There were also dozens of other people there that day who were stuck in traffic due to the protest.
In court, the prosecution played a 911 call from a witness who was in their car that day.
"There's a guy with a gun," can be heard on the call.