Stand Your Ground Motion Denied in Fla. Homicide Case

William Siskos said he was standing his ground when he pulled a gun from his waistband and killed his girlfriend's husband. The judge didn't see it that way.

May 1, 2012

3 min read

May 01--BROOKSVILLE -- William Siskos said he was standing his ground when he pulled a gun from his waistband and killed his girlfriend's husband.

The judge didn't see it that way.

Siskos' attorney filed a motion seeking immunity. The defendant testified during a hearing Friday and said he was in fear of his life when he came face to face with Joe Kasbach the night of July 9, 2010.

He thought he saw Kasbach, 47, reaching for a weapon and said the larger-sized man punched him twice -- once in the mouth and again in the temple.

After the second punch, a wobbly Siskos pulled out his .22-caliber Ruger and fired a round at Kasbach, hitting him in the abdomen, he said.

Photographs taken of the suspect after the shooting showed no signs of facial injuries.

Before making his ruling, Hernando County Circuit Judge Daniel Merritt Jr. said Siskos "was not being forthright" on the stand and his story lacked credibility.

The defense's motion for immunity on the basis of Florida's Stand Your Ground law was denied. Siskos, 42, is scheduled to stand trial May 14. He is charged with second-degree murder.

An eyewitness at the scene, Bill Mullins, said Kasbach was sitting in his car off Ligonier Road when Siskos walked toward the vehicle.

Kasbach got out and the two stood about 6 feet apart and exchanged words, said Mullins.

The two quarreled about Kasbach's wife, who was carrying on a relationship with Siskos, according to court testimony.

Mullins said Siskos pulled a gun from his waist band and shot Kasbach.

"I was so close I could smell the gunpowder," Mullins said.

He testified there was "no physical contact" between the two men before the shot was fired.

Mullins said Siskos turned and aimed the gun toward him, at which time he took off running.

A panicked Mullins ran into his girlfriend's home at 3505 Ligonier Road and told the people inside to call for an ambulance.

"Call 911," Mullins said. "Will just shot Joe ... the mother (expletive) just shot Joe like a dog in the yard."

Merritt said Mullins provided credible testimony Friday.

Siskos was a prison correctional officer who was injured in the line of duty 13 years ago. He was struck on the back of the head by a cinder block while he was investigating a possible inmate escape route.

Ever since, Siskos has suffered from a post-traumatic stress disorder, said his attorney, Barbara Jo Bell. Some of his symptoms include being in a constant state of fear and paranoia.

The defendant took the stand Friday morning to confirm his own diagnosis. He described what his life has been like since his injury.

"It left an imprint of an unseen enemy that could attack me at any time," Siskos said.

"I became a totally different person," he continued. "(I became) paranoid, reclusive."

The judge said Siskos claims of PTSD clouding his judgment the night of the shooting could constitute a self-defense argument at trial, but there wasn't enough to constitute immunity.