ORLANDO, Fla. – A Sanford man potentially facing decades in prison for allegedly shooting and killing a teenage robbery suspect in 2019 is not immune from prosecution under Florida’s so-called “Stand Your Ground” self-defense law, a judge recently ruled.
Curtis Fulcher, 47, who originally pleaded not guilty to manslaughter, is scheduled to change his plea during a court hearing next week, records show.
Details of any possible plea agreement with prosecutors have not been made public.
Fulcher and his pregnant wife drove to Orlando’s Parramore neighborhood in January 2019 to complete the sale of a $650 cellphone Fulcher had advertised online, investigators said.
While parked along West Jefferson Street, the couple was approached by two teens whom authorities said were involved in a criminal street gang responsible for multiple robberies in the area.
After asking some questions about the cellphone, Denim Williams, 16, lunged for the device and began fighting with Fulcher, police records show.
Williams then reached into his waistband for what Fulcher believed to be a gun, investigators said.
Fulcher told detectives he let go of the cellphone, grabbed a handgun he kept in his car, and fired several rounds at the robbers.
One of the bullets struck Williams, killing him.
The other suspected robber, 18-year-old Deandre Florence, was later arrested and charged with second-degree murder since investigators said he and Williams were committing a forcible felony when Williams was killed.
Although authorities acknowledged that Fulcher was the victim of a robbery, prosecutors charged Fulcher with manslaughter using a weapon, a first-degree felony punishable by up to 30 years in prison.
Nearly five years after Fulcher’s arrest, his attorney filed a motion asking for Fulcher to be declared immune from prosecution under Florida’s “Stand Your Ground” self-defense law.
Under the law, a person is justified in using deadly force to prevent death, great bodily harm, or the “imminent commission of a forcible felony”.
“(Fulcher) was acting in self-defense and justifiably used deadly force to defend themselves from Mr. Florence and Mr. Williams,” Fulcher’s attorney Ronald Andersen Hurst, Jr. wrote. “(The) Defendant did not have any duty to retreat and had the right to stand their ground because he was not engaged in any criminal activity and were in a place where they had a right to be.”
On January 27, Circuit Court Judge Diego Madrigal denied Fulcher’s request for immunity and dismissal of the criminal charge.
In his ruling, the judge cited testimony and evidence presented during a hearing in May.
That evidence included video captured by a neighbor’s doorbell camera that reportedly showed Fulcher running behind Williams shortly before four gunshots were heard.
A medical examiner testified that Williams had been shot in the back, with injuries consistent with someone running.
Madrigal concluded that the cell phone robbery had already occurred and was no longer “imminent” when Fulcher fired his gun.
“The decedent was running from the vehicle. The Defendant got out of his car and chased the decedent, shooting at him and eventually killing him,” the judge wrote in his order.
“Perhaps if the Defendant had shown self-restraint and fired only one shot while in the vehicle, this motion would be granted,” wrote Madrigal. “This Court, however, determines that the Defendant instead engaged in vigilante justice AFTER a forcible felony had been committed. Thus, the force used was not reasonable to prevent an imminent event. Rather, it was retribution for a completed act.”
A plea hearing in Fulcher’s manslaughter case is scheduled for March 21, court records show.
A spokesperson for the state attorney’s office said the agency could not answer questions about the plea hearing since the case is still being actively prosecuted.
Fulcher’s attorney did not respond to questions about a possible plea agreement or provide comment for this story.
Deandre Florence, the other suspected cell phone robber, was originally charged with second degree murder for his alleged role in Williams’ death. He faced a possible life sentence if convicted.
As part of an agreement with prosecutors, Florence pleaded no contest to robbery in May 2023.
A judge sentenced Florence to about three years in jail, which he served while awaiting trial, followed by three years of supervised probation.
In exchange for his plea, court records show Florence agreed to testify truthfully against Fulcher.
In November 2023, authorities arrested Florence for the 2018 murder of Boone High School student Alejandro Vargas-Martinez.
Florence, who has pleaded not guilty to Vargas-Martinez’s murder, remains incarcerated as he awaits trial.
Denim Williams, the teen allegedly killed by Fulcher during the cell phone robbery, was also involved in Vargas-Martinez’s murder, officials with the Orange County Sheriff’s Office said at the time of Florence’s arrest.