William "Billy" Woodward

My list of cases to look into and research is well over a 1,000 names long. I do not always have a plan on how to find a case but from time to time I will start at the beginning again and work my way down, first looking for one that grabs my attention, and second, looking for one that has maybe finally gone through the courts. This case was number fifty-four on my list and when I searched once again I was surprised to learn the trial had finally taken place. In fact, the trial just ended on January 31, 2018. Sentencing is not scheduled to take place until April 11^th so I will make the effort to come back and update this after that time. Normally I would not go ahead and do this case, but it is one that I have been waiting for.

I have done several cases over time, and especially lately that involve feuding neighbors. One thing that a lot of these cases have in common is that the neighbor who ends up taking action, almost always deadly force, tend to a) claim self defense and b) insist that the laws of their state allowed their actions through their Stand Your Ground or Castle Doctrine laws. And, in almost every case that defense is thrown out by the courts. I believe that the idea behind those laws was a good one, but like in every situation there are always those who take advantage of those laws and use them, or at least attempt to use them, to their advantage. Have have an app on my phone called Next Door. The app allows people from your neighborhood and surrounding neighborhoods to join so you know what is going on in your area. Recently a message was placed there talking about a Neighborhood Association meeting coming up soon in which the local prosecutor plans to talk about the Castle Doctrine. I do not have an issue with the prosecutor discussing the Castle Doctrine and I have faith that he will adequately explain it, but what I do not have faith in is the people who will listen to it and how far they think they can take it.

It was not clear how long all of the participants in this story lived in the Titusville Florida neighborhood but it appears that for at least a bit of time things were at least cordial. Depending on who you ask you may get a different reason as to why things changed. Some say it started when the Woodwards accused Gary Hembree's daughter of stealing a package off their porch with something that belonged to their daughter. At the time I believe it was simply speculation and nothing was ever proven. However, Hembree did not appreciate the accusation and that was the beginning of what many would consider to be a feud between the households. Others say that the feud started when Gary Hembree had reported that the Woodwards had several free grazing chickens in their backyard. This was a huge residential area so it was not a rural area where this was something common. The Woodwards were force to get rid of their chickens and that did not sit well. However, still others believe the package incident happened first and then there was the issue with the chickens in retaliation. Either way both incidents apparently happened and neither helped neighborly relations.

The harassment between the two neighbors went on for at least a month and just kept seeming to escalate. It was said that other neighbors on the block were all but forced to choose a side. In the meantime the Woodwards installed surveillance cameras on their home and did a lot of video recording themselves. While these video's would show that several in the neighborhood, including Gary Hembree, had taken to taunting and threatening the Woodwards, it also showed the other side of things too. While the Woodwards thought those recordings would justify things from their side, it also managed to hurt them.

Over time things just kept getting worse and the police were called several times. But, as is the case in so many neighbor disputes, little was done. On August 29, 2012 both Billy Woodward and Gary Hembree were in court. It is not clear who filed against who first, but both parties were asking for restraining orders and injunctions against the other. The judge refused on all counts and basically sent them all on their way. When they left court Billy Woodward in particular was not happy that nothing was done and there was a confrontation between him and Gary Hembree in the parking lot. Before it was all over Woodward had punched Hembree and if Woodward was upset about what authorities had not done up to that point, he was more mad at what they did do.... they arrested him. He did not spend much time in jail though and was bailed out fairly quickly. But again, this took the argument to the next level.

On Sunday night, September 2, 2012 Gary Hembree had some sort of get together at his home to celebrate the Labor Day weekend. As the night drew on it appears that more and more alcohol was consumed and with that common sense went out the window. The party goers, that included friends of Gary's as well as other neighbors including, Bruce Blake, thought it would be a good idea to taunt Billy Woodward. It started with extremely loud music and a flood light faced toward the Woodward home. Then it allegedly went to talk of burning down the Woodward home and possibly comments threatening harm to the Woodwards twelve year old daughter. I say allegedly and possible because while some say the video tapes proved some or all of this, others were not so sure. As the early morning hours approached Billy Woodward would take action.

Woodward had been an Army Veteran and had served in combat in Iraq in 1991. This is important for two reasons. First, Woodward would claim that he suffered from PTSD from his time in the military and secondly, the actions that he would take next showed his military training. It would also be the audio tape available to others later that gave a bit of a picture as to his state of mind. He was heard to describe himself as a “warrior... a hunter and a killer.” Billy Woodward would retrieve a rifle he owned and several rounds of ammo. He would then in essence sneak, some times crawling through the grass, cross the street to Gary Hembree's home where he would ambush those outside.

When Billy Woodward was done he had shot over thirty bullets (requiring reloads) into the party. Gary Hembree and his friend and roommate Roger Picior would die at the scene, their bodies riddled with bullets. Neighbor, Bruce “Tim” Blake was shot eleven times and amazingly survived. Billy Woodward's surveillance cameras captured it all. It was unclear if Woodward was still at the home when police arrived but Bruce Blake was conscious enough to tell them who had shot him. And, when Woodward was approached he readily admitted committing the crime saying “I got them all.”

Almost immediately Woodward, and then later his lawyer, would argue the Stand Your Ground defense. Prosecutors could not really argue that the victims themselves had not perpetuated the situation but they did not see this as a Stand Your Ground case. They would file first degree murder charges against Woodward. The issue of the death penalty in this case seemed to come and go a bit. At the time of the shooting the prosecutors announced they were seeking the death penalty. Then the Florida Supreme Court ruled the death penalty laws in Florida unconstitutional. So the prosecutors obviously had to drop that option. However, before the case made it to trial the death penalty issue had been settled in Florida and by the time Woodward finally went to trial in January of 2018 it was back on the table. But first, they had to have a hearing on the Stand Your Ground defense. This is because if a judge decides that the evidence shows this as a valid defense there would be no trial or a penalty. The judge here did not agree with the defense and allowed the case to go to trial.

I know I have discussed these laws often, especially in these neighbor cases since they are brought up so often but lets review, shall we. Basically a Stand Your Ground defense means that you were in reasonable fear of your life and you are defending yourself or your home. Some states allow this to extend to a person's vehicle. I cannot say that Florida allows that but that was not a factor in this case. The Stand Your Ground law does not require that given the opportunity you have a duty to retreat. But, it does not give you the right to leave your home or property and claim defense later. First, none of the victims were armed in any way. The defense and Woodward would argue that the talk of burning the home and the alleged threat to his daughter made him fear for his life. And yet, the victims never left their own property, and never seemingly attempted to cross the public street to the Woodward property. To add to this it was Woodward who went to the victims. The prosecution in this case argued successfully that crossing a public road and entering another persons property did not fall into the realm of Stand Your Ground. They also argued that the victims fell to the ground fairly quickly, no longer making them in any way a threat to Woodward and yet he kept firing. In fact, it was said that Woodward stated the only reason he had not continued to fire, knowing Bruce Blake was alive was because he had run out of ammo.

After many delays due to many different issues, the case would go to trial in January of 2018. Woodward was charged with four counts of first degree murder and one count of attempted murder. The video tapes would be huge in this case as the jury was able to see not just what led up to the shooting but also the shooting itself. The jury was also shown the interview that Woodward had with the police just after the shooting. Bruce Blake would testify and openly admit that he and the victims had all but baited them and that they were “drunk and stupid that night.” Woodward's wife, Barbara testified on her husband's behalf and there was evidence of his military record entered as the defense was also arguing the PTSD. In the end, after deliberating eight hours, the jury would convict Woodward, but not of first degree murder, which in essence eliminated the death penalty. They convicted him on two counts of second degree murder and on the count of attempted murder. When Woodward faces sentencing in April of 2018 he could be sentenced to life.

Now I think few people, including the surviving victim, would tell you that Woodward was not pushed by those in the neighborhood. The police knew it too apparently since even though they did not do anything when the neighbors called they did start patrolling the area more. But, was he pushed to the point in which he was justified for what he did? Did the Woodward's start the issue by either accusing (possibly inaccurately) outright one of the neighbor children of stealing or being mad because they were forced to get rid of their chickens that apparently were not allowed? In 2015 the defense attorney in this case was quoted as saying the victims “got what was coming to them.” Really? I have to disagree. Not that the victims were right in any way, but words against multiple bullets is hardly a fair fight.

It is unclear who just remains in the neighborhood today. Gary Hembree was living in the home with his girlfriend at the time. I do not know if she or Barbara Woodward remained in the area. For Bruce Blake it seems that in January of 2013 he was evicted from the home he rented due to the fact that he was unable to work as of yet and pay his rent. He stated that in a way that was a bit okay because moving meant he did not have to walk by where his friends had died every day. A few months after the shooting a fund called “The Woodward Family Fund,” something much like Go Fund Me was established but the website seemed unclear just what they were asking for. It told the Woodward side of the story and of course at the time Billy Woodward was in jail.

I am curious to see what the judge decides in April. As I said Billy Woodward could still face life in prison due to his convictions. It is also possible he could have a way lower sentence. If I was the one in charge of sentencing I am unsure that I would give him life, but I think I would give a pretty stiff sentence. What he did was completely wrong and in my opinion he would have killed more if he had more ammo, but would be saying the same if he had only gone over and threatened to do it if what the Woodwards allege was being said at the party. Or what if he would have stood on his own property, holding his gun and letting everyone know he had it, and remind them that they were on video. No, those actions probably would not have helped the feud at all and it would have continued but at least people would have their lives to be able to do so.