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NEWS INNOCENT MAN FACING FIRST-DEGREE MURDER CHARGES FREED During the early morning hours of July 21, 2007, Mr. Jimmy Hair was socializing with a group of friends at the Top-Flite nightclub in Tallahassee. Shortly before the establishment closed, one of Mr. Hair’s friends, Rony Germinal, engaged in a verbal altercation with Charles Harper. Mr. Hair and several others were able to separate Mr. Germinal and Mr. Harper before the dispute escalated into a physical altercation. After the club closed, Mr. Germinal and Mr. Hair proceeded to the parking lot and entered Mr. Germinal’s vehicle. Mr. Germinal was positioned in the driver’s seat and Mr. Hair was seated in the front passenger’s seat. While Mr. Hair and Mr. Germinal were stopped in traffic a short distance from the nightclub, Charles Harper approached the driver’s side of the vehicle. Although the conversation was initially cordial, Mr. Harper became visibly agitated. A childhood friend of Mr. Harper’s, Ronterrance Frye, grabbed Mr. Harper by the waist and pulled him away from the vehicle. Seconds later, Mr. Harper escaped Mr. Frye’s grasp, dove inside the vehicle, and attacked Mr. Hair without justification. In fear for his life, Mr. Hair used his lawfully owned firearm to strike Mr. Harper in the head. The firearm accidentally discharged and Mr. Harper sustained a fatal gunshot wound. Although Mr. Hair was clearly acting in self-defense, the State charged him with first degree murder and shooting within a vehicle. Mr. Hair has been in jail continuously for two years.
At that point, BLBF&G partner Eddie Bauer came in to handle Mr. Hair's appeal. Mr. Bauer immediately filed a writ of prohibition with the First District Court of Appeal. On July 21, 2009, the First District Court of Appeal granted Mr. Bauer's petition and ordered that Mr. Hair be released from custody and his case dismissed. The appellate court agreed with Mr. Bauer that Mr. Hair had acted lawfully in self-defense and was therefore immune from criminal prosecution.
Unfortunately, Mr.Hair was wrongfully incarcerated for two years before justice finally prevailed. Thanks to the hard work of BLBF&G partner Eddie Bauer, Mr. Hair was finally able to meet and hold his 18 month old son following his release.
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