Florida - Fight Over Unleashed Dog, Gun Pulled

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http://www.winknews.com/news/local/84165287.html

LEE COUNTY, Fla. - Forty-one-year-old James Cashin is in jail tonight for allegedly punching another man in the head during an argument. Kurt Hartman says he was hit while taking Gus for an early morning walk.

"Their dog was running loose, no collar, no leash, no nothing," said Hartmann.

Hartmann admitted to frustration with Cashin, who lives a half a block away on Park Road. He says Cashin routinely let his dog run loose, so he shared his frustration.

"It became into a heated exchange, next thing you know, the guy hit me," said Hartmann.

Hartmann suffers from cardiomyopathy, and needs a pump to move his blood. he carries a battery pack wherever he goes."This is just a temporary measure until I can get on a transplant list out of Tampa General Hospital."

Lying on the ground, bleeding, and in fear of his life, he says, he pulled out a licensed .40 caliber pistol in self-defense.

Julie Sherman, a friend of Cashin's says, it didn't happen that way.

"Jimmy was arguing with him because he was calling me names," said Sherman. "He pulled the gun on me and put it in my face."

But according to deputies, there were inconsistencies between Sherman and Cashin's stories.

"You don't bring a fist to a gunfight, you think if I pull out my gun, he's gonna come after me with his fist? I pull out a gun, he's going to run," said Hartmann.

According to reports, both parties called 911. Hartmann has a concealed weapons permit and deputies say he acted well within the law. Cashin was taken to jail and now faces one county of felony battery.

Cashin does have a prior criminal record that includes battery and drug charges.
 
Despite not knowing the true circumstances. It sounds like the Cashin is your stereo typical Florida trailer trash. I hope he got what he deserves. With Florida's castle laws, I'm going to guess that Heart Problems Hartmann will probably win if it goes to trial.
 
As usual, the facts are shrouded and assumptions need to be made but it sounds like the police made the wrong call. Didn't Hartmann confront Cashin?
 
It would seem that having a severe heart problem would set the bar a little lower for "Fear for your life" defense.
 
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