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Light v. State4/4/2003
Jason R. Light appeals his conviction for second-degree murder. After carefully reviewing all of the evidence in the light most favorable to the State, we conclude that the State failed to present a prima facie case of second-degree murder. We reverse and remand with directions to the trial court to enter a judgment of conviction for the lesser-included offense of manslaughter and to resentence Mr. Light accordingly.
On July 24, 1999, Jason Light and some of his friends went to a Sarasota bar, "The Rum Shack," to listen to live performances by three bands playing heavy metal music. Although Mr. Light was only 18 years old, he and his friends had apparently been drinking prior to arriving at the bar. The bar was dark, smoky, crowded, and very loud. One of the other patrons happened to videotape the performance of a band called "Struggle," during which this incident occurred. Thus, the conditions inside the bar that caused witnesses to have limited and varying descriptions of the incident are well presented in this record.
During the concert, a mosh pit formed. For those fortunate enough to be unfamiliar with this practice, a "mosh pit" is an area adjacent to a concert stage where people slam dance. "Slam dancing" is a form of dance in which participants, typically male, hurl themselves forcefully and repeatedly into one another. It is essentially a consensual contact sport with few clear-cut rules, and no designated referees. When it occurs at bars, as it did in this case, many of the participants and onlookers may be under the influence of alcohol. Slam dancing is usually performed to heavy metal or punk rock music, which has a hard rhythm and often aggressive lyrics.
Mr. Light was slam dancing about 11:15 p.m. when the victim entered the mosh pit. Mr. Light did not know the victim, and there is no evidence that they had ever had any prior contact with one another. The victim, a man in his twenties, was intoxicated. A bartender had previously refused to serve the victim any more drinks. Witnesses described him as constantly stumbling in the mosh pit.
At some point, the victim fell back against Mr. Light. At least one witness testified that Mr. Light claimed the victim hit him in the genitals. The victim remained on the dance floor and began rolling around in the area of the mosh pit. Although versions of this incident varied and are not described clearly by the witnesses, the best evidence for the State suggests that Mr. Light immediately picked up the victim in what witnesses described as a wrestling move, upended him, and slammed him to the floor. The victim's head hit the solid floor, rendering him unconscious. This entire incident took only seconds and was not accompanied by any fighting words or other indications of an ongoing altercation between the two dancers.
Employees of the Rum Shack carried the unconscious victim outside and laid him on the ground. They placed ice on his head and shined flashlights in his eyes until he regained some level of consciousness. Apparently thinking the victim was merely intoxicated, they permitted his friends to take him home. The bar employees ordered Mr. Light to leave the bar.
The victim's friends assisted him in walking to a car and drove him home. Although the victim was initially able to walk with some assistance, once at home he became lethargic and began to lose consciousness again. His friends called 911 and the victim was rushed to the hospital. When the victim arrived at the hospital, his blood alcohol level was .295. Despite heroic measures at the hospital, the victim died as a result of a blunt force trauma to the left side of his head.
The State originally charged Mr. L
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