A judge’s recent decision to grant Stand Your Ground immunity in a May fatal shooting relied on testimony and filings conflict with the original arrest report, sworn witness statements and confirmations from the Osceola County Sheriff ’s Office note.
Jovaniel Andres Lopez-Marrero, 21, was charged in the May 15 shooting death of Micah Gabriel Mebane, 35, near Cypress Parkway in Poinciana. On Dec. 4, Orange-Osceola Circuit Judge John Beamer granted the defense’s motion to dismiss the case. The written order states the ruling was granted “for the reasons stated on the record.” A transcript of the hearing has not been made available.
In the motion, filed by Assistant Public Defender Steven “Jake” Parton, the defense argued Lopez-Marrero acted in self-defense after intervening in a fight and attempting to retreat. The motion states Mebane continued advancing after verbal warnings. It further asserts that deputies recovered a knife near Mebane’s body and that Lopez-Marrero remained on scene, cooperated with law enforcement and allowed access to the firearm after the shooting.
However, Osceola County Sheriff’s Office Capt. Kim Montes confirmed that no knife was found on or near Mebane and that Lopez-Marrero did not remain at the scene. Montes said deputies searched for Lopez-Marrero for about an hour after the shooting, ultimately taking a SWAT team to his home to arrest him. Investigators also had to obtain a warrant to recover the firearm from a safe inside the residence and a second warrant to seize his phone.
Montes said investigators noted discrepancies in witness testimony and changes in Lopez-Marrero’s account of the distance between himself and Mebane at the time of the shooting. She emphasized that deputies’ role is limited to collecting evidence and documenting facts.
“Unfortunately, we don’t have a say in the prosecution part of it,” said Montes.
Court records show multiple witnesses testified at the Stand Your Ground hearing, including the defendant, eyewitnesses and law enforcement. One of the eyewitnesses who testified and provided the original sworn statement at the scene disputes several claims contained in the defense motion.
Amanda Madera said she was not knocked down and that Mebane was unarmed when he was shot. She said Lopez-Marrero ran to his car, turned around and pulled out a gun, telling Mebane, “If you come over here, I’m going to kill you.”
“And Micah started running toward him, and he pulled the trigger,” records show she said.
Still, Madera said Lopez-Marrero had ample opportunity to leave the area rather than use deadly force.
“If you have time to run to your car, you have time to get in your vehicle and drive off,” she said.
Madera also said Lopez-Marrero had been showing off the gun earlier that day while wearing latex gloves.
Court records show Lopez-Marrero was arrested in July 2023 on an aggravated assault charge after a family member reported he threatened to stab him during a domestic dispute. The alleged victim told deputies he feared for his life. The State Attorney’s Office declined to prosecute the case.
Lopez-Marrero still faces unrelated felony charges stemming from evidence obtained during the homicide investigation, including possession of a sexual performance by a child, transmission of child pornography, transmission of harmful material to a minor and unlawful use of a twoway communication device, according to court records.
The State Attorney’s Office has said the Stand Your Ground ruling is “under review,” but has declined further comment. Under Florida law, prosecutors may appeal a Stand Your Ground ruling only on limited legal grounds and may not reweigh witness credibility. Parton did not respond to requests for comment.
Micah Mebane is survived by a 7-year-old son. His mother has filed written complaints with the court and state officials alleging violations of her rights as a crime victim and disputing the factual basis of the dismissal. In an email to the judge, she disputes the claim that her son posed an imminent threat, writing that Micah stopped fighting and was unarmed when he was shot. She references eyewitness statements that the shooter brandished a firearm and threatened to kill Micah before firing.
She said she was not notified of the Stand Your Ground hearing and was denied a request to appear by video despite recovering from a stroke.
“They did not reach out to me,” she said. “I asked them to do a video conference with me because I had bad health, and I was also denied. So now this is all a double tragedy for me,” she said.