entire case will come down to intent and to what degree of intent the prosecution can prove. Here's what I'm talking about:
The 2010 Florida Statutes(including Special Session A)
Title XLVI
CRIMES Chapter 776
JUSTIFIABLE USE OF FORCE
776.012 Use of force in defense of person.—A person is justified in using force, except deadly force, against another when and to the extent that the person reasonably believes that such conduct is necessary to defend himself or herself or another against the other’s imminent use of unlawful force. However, a person is justified in the use of deadly force and does not have a duty to retreat if:
(1) He or she reasonably believes that such force is necessary to prevent imminent death or great bodily harm to himself or herself or another or to prevent the imminent commission of a forcible felony;
http://archive.flsenate.gov/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0700-0799/0776/Sections/0776.012.html
That's, basically, what's known as the " stand your ground law ". The second provision in this title refers to
s.776.013. which is about home invasion and clearly does not apply in this situation.
Now, here's a " plausible " dilema that the Sanford police department may have been facing, and it has nothing to do with the " stand your ground law " by itself since it also applies to home invasion and defense of others:
Title XLVI
CRIMES Chapter 776
JUSTIFIABLE USE OF FORCE View Entire Chapter
776.032 Immunity from criminal prosecution and civil action for justifiable use of force.—
(1) A person who uses force as permitted in s. 776.012, s. 776.013, or s. 776.031 is justified in using such force and is immune from criminal prosecution and civil action for the use of such force, unless the person against whom force was used is a law enforcement officer, as defined in s. 943.10(14), who was acting in the performance of his or her official duties and the officer identified himself or herself in accordance with any applicable law or the person using force knew or reasonably should have known that the person was a law enforcement officer. As used in this subsection, the term “criminal prosecution” includes arresting, detaining in custody, and charging or prosecuting the defendant.
(2) A law enforcement agency may use standard procedures for investigating the use of force as described in subsection (1), but the agency may not arrest the person for using force unless it determines that there is probable cause that the force that was used was unlawful.
(3) The court shall award reasonable attorney’s fees, court costs, compensation for loss of income, and all expenses incurred by the defendant in defense of any civil action brought by a plaintiff if the court finds that the defendant is immune from prosecution as provided in subsection (1).
http://archive.flsenate.gov/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0700-0799/0776/Sections/0776.032.html
Basically, according to that statue, it makes it a judgement call by the police to make an arrest or not. So the " stand your ground law " is not where the problem resides instead it does with that particular underlined subsection.
Having said that, my opinion is this: The Sanford police officers who first responded to the call, and subsequently the department as a whole,
AT BEST, acted timidly and used too much caution, possibly afraid of civil litigation. At worst ? Well, their reputation speaks for itself.
Generally speaking most police officers and departments act more decisive, right down " aggressive " in some instances, in cases similar to this because they know that most of the time the courts are sympathetic to them, especially in this state. I suspect in most other states as well. They would arrest this guy if for no other reason that he not only took it upon himself to do a job HE was NOT trained to do, like police officers are, but refused a direct order ( dispatcher ) in the process, both HUGE no-no's to cops.