Blind Man Acquitted in Fatal Shooting Gets Guns Back

By: WESH
By: WESH

(WESH) Sanford, FL - A legally blind man who was acquitted in the shooting death of another man fought in court Thursday to get his guns back.

Deputies are investigating after residents of a Birmingham Boulevard home in Orange County claim a burglar broke into their home and then tried to start a fire.

John Rogers said he has the right to have both of his guns returned to him.

While Judge John Galluzzo said he did not want to return the guns to Rogers, he said it was the law.

Rogers' guns were confiscated by law-enforcement officers after he fatally shot a man. He was later acquitted.

"I have to return property that was taken under the circumstance," Galluzzo said. "I have researched and haven't found case law to say otherwise."

Galluzzo said he had no choice but to return Rogers' 10mm Glock and a rifle that was used to kill James DeWitt, 34.

The shooting happened at Rogers' home in Geneva during a fight in March 2012. Rogers spent time in jail and went to trial in January. He was granted immunity using the "stand your ground" law.

Rogers became blind after a construction accident and said he needs his guns for protection.

"It's my constitutional right. I wasn't carrying these firearms around. I was in my house on a private road in Geneva out of the way," Rogers said.

The former Marine left the Seminole County Courthouse on Thursday hoping to end the controversy. "The family has been through enough, and I have been through enough, and I would like to retire, put this behind me and move forward," Rogers said.Four years ago, Rogers was accused of shooting at his cousin.

Galluzzo did order that all ammunition to be destroyed. He said it was too old and dangerous.


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