Updated:SEMINOLE COUNTY, Fla. —
A judge on Monday granted direct acquittal to one count of second-degree murder in the trial of a motorcycle gang member accused in a fatal shootout during a Seminole County charity event.
Known Philadelphia Warlocks Motorcycle Club member David Maloney was initially charged with three counts of murder and two counts of attempted murder.
The judge said Monday that Peter Schlette, one of the people killed in 2012 during a charity event outside a Veterans of Foreign Wars post in Winter Springs, was killed before Maloney was outside.
Scheltte and two others killed were part of the rival Orlando Warlocks.
Channel 9's Jeff Deal also learned Monday that Maloney wants to use stand your ground as his defense. The defense argues their client acted in self-defense, even though Maloney was wearing a bulletproof vest the day of the shooting and had an arsenal of weapons in his Jeep.
The defense on Monday called Ed Glowitz, a man who is a former member of both clubs, to the stand. They said Glowitz warned Maloney the Florida Warlocks wanted him to hurt him.
"Did any of the bosses at the meeting direct any harm to be done to Mr. Maloney?" asked the defense attorney.
"Not in those words.
Well, to harm him, yes," said Glowitz.
The defense seemed to be trying to show there was a reason that Maloney was prepared with the bulletproof vest, according to Deal.