A Cortez man accused of aggravated assault with a deadly weapon is asking a judge to dismiss his case under Florida’s Stand Your Ground law.
Kevin Armstrong’s defense filed an amended motion Sept. 16 in the 12th Judicial Circuit Court claiming he acted lawfully when confronted outside his home by three people, two of whom were armed.
The state charged Armstrong with aggravated assault with a deadly weapon, a third-degree felony, stemming from a June 6, 2024, dispute with his girlfriend, Caitlin Lipke, that left her injured.
The motion alleges that Armstrong told Lipke to leave his Sunny Shores residence after an argument and that Lipke then met at the Cortez Kitchen with Cole Banyas and Dylan Taylor, who phoned Armstrong, threatening to kill him if he refused to hand over Lipke’s belongings.
The motion further maintains that Banyas was armed with a 9-millimeter handgun and that Taylor asked Banyas to drive him to his residence so he could retrieve a firearm. Then Banyas, Taylor and Lipke went to Armstrong’s home, where Lipke allegedly shoved Armstrong while Banyas and Taylor displayed their guns “in a threatening manner.”
According to the motion, Armstrong discharged a shotgun into the air “as a warning,” prompting Taylor to fire his gun, emptying a magazine in the direction of the home and striking Lipke in the breast and Armstrong in the foot.
Although witness testimonies details differ between a Manatee County Sheriff’s Office probable cause affidavit and the defense’s motion to dismiss, the MCSO affidavit states that Armstrong was the first to discharge a firearm during the altercation. Statements in the affidavit describe him brandishing and firing a shotgun, and deputies recovered spent shells in the driveway consistent with those accounts.
Based on that information, the MCSO decided there was probable cause to arrest Armstrong.
Armstrong’s attorney, Jon Weiffenbach of Weiffenbach & Reinhart, argues the defendant had the right to defend himself under Florida’s Stand Your Ground law, which allows the use of deadly force without a duty to retreat if a person believes their life is in danger. The statute also provides immunity if a judge determines the use of force was justified.
The court had not ruled on Armstrong’s motion as of Sept. 24.
A jury trial has been scheduled for October.