Tow truck driver drops ‘Stand Your Ground’ defense

TAMPA - On the second day of their client’s murder trial, attorneys for Tampa Bay area tow truck driver Donald Montanez said they would not use Florida’s ‘Stand Your Ground’ law as a part of their defense.

The ‘Stand Your Ground’ law allows a person to use force when they feel threatened. However, the law does not apply when a person is not legally supposed to be in the place where they use force.

Attorneys for Montanez said they did not want to get into that issue with the jury and would not use the law as a defense.

Instead, during opening statements on Tuesday, defense attorney Jay Hebert said Montanez was acting in self-defense when he shot and killed Glen Rich in January, 2006.

That night, Rich was with a group of people at the Sugar Shack, a nightclub in Tampa. Montanez, the owner of a tow truck company, towed a car belonging to Rich’s wife.

Hebert argues it was a legal tow. The prosecution said Tuesday Montanez was not allowed to tow cars off the street, where the car was located.

They also say Montanez took the car to a ‘drop site,’ in a private parking lot that he was not allowed in. That is where the shooting occurred.

Both sides agree there was an argument that night in the parking lot over the car and whether Rich could have it back.

The prosecution says Rich and his brother got into the car and were driving out when Montanez shot Rich through the passenger window.

The defense says Rich was driving toward tow company employees -- hitting one -- before Montanez shot him in defending himself and his employees.

Montanez is charged with second-degree murder.

On Tuesday, the prosecution called two witnesses. However, the judge was forced to recess the trial during cross examination of the second witness, as Hebert became ill.

The trial is expected to resume on Wednesday.