State v. Gallo

CASANUEVA, Judge.

The State appeals the trial court’s determination that Alphonse Olando Gallo was entitled to immunity from prosecution for the second-degree murder of Patrick Barbour. We affirm.

Mr. Barbour’s unfortunate death resulted from events reminiscent of the “Shootout at the OK Corral.” 1 At around 2:30 in the morning, Mr. Gallo and Mr. Barbour confronted each other outside of a busy night club in the Newtown area of Sarasota. They argued regarding a debt that Mr. Barbour owed Mr. Gallo. As tempers flared the argument became more physical. Eventually the minor tussling stopped and…