Prosecutors drop charges in downtown Orlando stabbing, saying video supports self-defense claim

The State Attorney's Office for Florida's Ninth Judicial Circuit will not prosecute the man arrested in an Oct. 9 stabbing in downtown Orlando, saying video footage and witness statements support his claim that he acted in self-defense. Deaveon Jaquan Brown, 28, had been charged with attempted first-degree murder with a weapon and three other felonies after a man was stabbed four times near Orange Avenue and Central Boulevard.

The decision, announced Monday, Nov. 9, came after the state filed a "no information" notice in the case the previous Thursday, according to News 6 (WKMG). The notice orders Brown's release from custody unless he faces other charges or holds. Local outlets have spelled his first name both "Deaveon" and "Daeveon"; most reports use Deaveon.

What prosecutors said

In a statement reported by WFTV, WESH and FOX 35, the State Attorney's Office said it had reviewed video footage and witness statements and concluded that the evidence indicates Brown acted in self-defense during the altercation. The office said the video evidence and witness statements support Brown's account.

Prosecutors said that once self-defense is raised, Florida law requires the state to prove beyond a reasonable doubt that a defendant's actions were not legally justified, and that they could not meet that burden, according to FOX 35. The office said it is ethically obligated not to pursue charges it cannot prove. "Our duty is to the evidence and the law, not to a particular outcome," the office said, as quoted by WFTV and FOX 35.

The written notice itself gave a narrower reason. According to News 6, it cites "insufficient admissible evidence stemming from a lack of a cooperating victim or witness." The man who was stabbed told the State Attorney's Office he did not wish to pursue prosecution, several outlets reported.

The charges that were dropped

The no information notice ended four charges, according to News 6:

• Attempted first-degree murder with a weapon
• Aggravated battery with great bodily harm
• Possession of a weapon by a convicted felon
• Use of a firearm or weapon in the commission of a felony

What happened on Oct. 9

Orlando police responded at about 10:31 p.m. Friday, Oct. 9, to a reported stabbing near Orange Avenue and Central Boulevard and found a man with multiple stab wounds, WESH reported. He underwent emergency surgery and was initially listed in critical condition. He was later expected to survive, according to News 6. Brown was arrested at the scene, according to News 6, and booked Oct. 10.

Video of the confrontation, outside a downtown Taco Bell, spread widely on social media. Orlando Police Detective John Dalles testified at a hearing last month that Brown had been at a bar and was waiting for a rideshare near the intersection when the other man approached on a bicycle, according to FOX 35. The encounter began as a verbal argument and escalated into a fight.

Investigators said the other man pulled out the knife first and later put it on the ground, FOX 35 reported. Police said video shows Brown then picking up the knife and stabbing the man four times, according to WESH. Witnesses told police the man had been threatening people with a knife before the fight, WFTV reported.

What the judge found in October

At a pretrial detention hearing on Tuesday, Oct. 13, Judge Vincent Falcone ordered Brown held without bond on the attempted murder charge, according to WESH and WFTV. Bond was set at $50,000 on the aggravated battery count and $5,000 on each of two other counts, WFTV reported.

The judge found a substantial probability that Brown committed a dangerous crime, though not that it was premeditated, and found a substantial probability that a self-defense claim would not apply, WFTV reported. He cited the video and the possibility that Brown had the knife before the struggle or could have retreated. The judge also pointed to Brown's criminal history, which includes convictions for armed robbery and possession of a firearm by a convicted felon, according to the station.

Detective Dalles testified that the two men argued after Brown took exception to how the other man was talking about women in the area, WESH reported. According to his testimony as reported by WFTV, video shows the man throw the knife to the ground, swing a belt at Brown about four times and fall near the curb. Dalles testified that Brown, holding the knife, closed a gap of six to eight feet, pulled it from its sheath, stood over the man and stabbed him. One of the four wounds struck his liver.

Assistant State Attorney Steven Peters argued that Brown had a duty to retreat once he took the knife and that, as a convicted felon, he should not have picked it up, according to News 6. "He could've left, he could've ran," Peters told the court. Brown had been released from prison on a drug charge 11 days before the stabbing, the station reported.

Brown pleaded not guilty and claimed self-defense. His defense attorney argued that the other man was the instigator and initial aggressor, unsheathed the knife and pulled Brown to the ground, and that the knife did not belong to Brown, according to News 6, WESH and WFTV. The defense also said Brown did not go downtown looking for trouble.

Police stand by their investigation

The Orlando Police Department said its findings have not changed. Police told WESH that after the injured man could be interviewed at the hospital, he said he wanted to prosecute, and that they later learned from the State Attorney's Office that he had declined. The department said it stands by its officers' actions and the evidence.

WFTV reported earlier that a 911 caller had reported a person waving a knife near 22 S. Magnolia Ave. at 10:10 p.m. that night, about 20 minutes before the stabbing. Two bicycle officers were sent and did not find that person, and police did not say whether that person was involved.

Family's response

Brown's mother questioned whether investigators relied on his past felony convictions to build the case. "It was hard because they were painting a picture of him from his past," she told WESH. A statement issued on Brown's behalf said he spent 26 days in jail and that multiple witnesses described the incident as self-defense, according to the station.

Florida's self-defense framework

Florida's justifiable use of force law, in Chapter 776 of the state statutes, allows a person to use deadly force if he reasonably believes it is necessary to prevent imminent death or great bodily harm. The law's "stand your ground" provision removes the duty to retreat for a person who is not engaged in criminal activity and is in a place where he has a right to be. Prosecutors' earlier argument about Brown's status as a felon touched on that condition. The State Attorney's Office did not cite a specific statute in the statements reported by local outlets.

What's next

With the no information notice filed, the criminal case against Brown is closed unless prosecutors refile charges, and no other pending charges were reported. The Orlando Police Department has not indicated any further action. The Ninth Judicial Circuit covers Orange and Osceola counties.