Suspended BSO Deputy Claiming "Stand Your Ground" In Off-Duty Shooting

Follow CBSMIAMI.COM: Facebook | Twitter

BROWARD (CBSMiami) – A judge is deciding whether a suspended Broward deputy who is charged with shooting a man can use Florida's stand-your-ground law as a defense.

A two day hearing on the matter concluded Tuesday afternoon.

Stand your ground allows someone to use force if they feel threatened.

Suspended BSO deputy Kevin McClernon says he was defending himself against a man with a knife when he fired his gun in January 2014.

Michael Hinsch was shot in the groin and survived.

McClernon was charged with aggravated battery with a deadly weapon.

Investigators say both men had been drinking when Hinsch showed up at the Hollywood home of a woman both men knew.

McClernon was off duty and in uniform about to go to an off-duty work detail.

The woman fled leaving the two men alone together in the home.

Hinsch testified Tuesday and said he asked McClernon what type of gun he had.

"He said it was a Glock and then he pulled the trigger and shot me," said Hinsch.

But McClernon said Hinsch pulled out a knife.

He testified that he pointed his gun twice at Hinsch before he shot in self-defense.

But an investigator at the scene testified at the hearing that McClernon never mentioned a knife and never volunteered that the shooting had happened.

"When the victim pointed at the deputy and said that he shot him I was in disbelief," said Detective Stephen Sparkman.

Sparkman says he asked McClernon whether he had called his supervisor and he testified that McClernon said no.

The judge said he expected to make a ruling within two weeks' time.

McClernon is suspended without pay.