DADE CITY, Fla. — Circuit Judge Susan G. Barthle granted a request from Curtis Reeves's attorneys Friday for a stay of proceedings in his second degree murder case.

  • Reeves, 75, tried to invoke "stand your ground" defense last year
  • Judge rejected claim after two-week hearing
  • Changes to the law since hearing prompted request

Reeves, 75, is accused of fatally shooting Chad Oulson, 43, inside Cobb Theatre in Wesley Chapel on Jan. 13, 2014. It was sparked by an argument about Oulson using his cell phone during movie previews. 

Reeves tried to invoke the state's "stand your ground" law in his defense. However, after a two-week hearing last year Barthle rejected that claim.

Since then, the state's made changes to the law, shifting the burden of proof from the defendant to the prosecution. Reeves's attorney argued in court Friday that several cases are currently waiting on Florida's Supreme Court to rule on whether those changes can be applied retroactively, and that this case shouldn't move forward until the decision is made.

The prosecution countered that Reeves had a pre-trial hearing and exercised his right to appeal and that, in this case, Barthle had the jurisdiction to set her calendar as she saw fit.

Trial removed from calendar

Barthle said she's given a great deal of thought to this case, and while frustrated with the time it's taking, she said it isn't ready for trial given the wait on the Supreme Court decision.

"I want to know that I'm on the right side of where I should be. I don't want to have any gray area," Barthle said as she announced her decision to remove Reeves's trial, set for Feb. 25, from the calendar.

"I'm very happy with the court's ruling," said Rick Escobar, Reeves's attorney. Reeves was not present in court Friday.

"Very difficult pill to swallow. Very difficult to accept," said T.J. Grimaldi, the attorney for Oulson's wife, Nicole Oulson. 

The lawyers also differed on whether retroactively applying the changes to Reeves's case would make a difference.

"The standard of proof that now the prosecution bears in clear and convincing, it is a tough standard," said Escobar. "It plays well in this particular case, because, if you remember the previous 'stand Your ground' hearing, just about every single witness that the government had got up on the stand and had differing versions at different times of this investigation."

"The clear and convincing rule and burden doesn’t allow for that kind of conflict," he continued. "In other words, you can’t have clear and convincing evidence from a witness when they have conflicted themselves.”

"She was the same judge -- she heard all of the evidence, everything that there was," said Grimaldi of Barthle. "The only difference would be that the state would have the burden, the state would go first."

More waiting

It's unclear when the Florida Supreme Court could reach its decision, but more waiting is on the way for all parties involved.

Escobar said he doesn't necessarily see that as a bad thing, and that he wants the system to get the outcome right.

“He’s on house arrest. He’s not happy. These are the golden years of his life," said Escobar.

However, Grimaldi said the length of the case has been hard on Oulson's widow.

“Mr. Reeves is innocent until proven guilty. But, again, he gets to stay home with his family, he gets to see his grandkids, he gets to stay with his wife, and he will, hopefully, one day, have his day in court," Grimaldi said. "I believe it is very clear that the defense is doing everything possible for him to never see his day in court, so that he passes before he has that ability to defend himself.”