Charges against a DeBary man accused of murder should be dropped, his attorney argued in paperwork filed in Orlando this week.
Clay Curtsinger, 47, is accused of gunning down his girlfriend’s ex-husband in a neighborhood near the Orlando International Airport last month.
Curtsinger initially told investigators he fatally shot Jack Radke on Budworth Circle in self-defense.
Deputies found Curtsinger’s gun but no firearm was found with Radke.
Curtsinger’s attorney, David R. Damore of Daytona Beach, filed a two-page motion to dismiss the case on Thursday (August 17). The attorney raised eight reasons for dismissal, including “facts that support the Defendant’s immunity from prosecution.”
Damore filed other motions, including one aimed at tossing Curtsinger’s statements to investigators.
Curtsinger gunned down Radke, 48, with a Taurus 9mm handgun at roughly 6:30 p.m. Friday (July 7) on Budworth Circle in the Eagle Creek subdivision in the Lake Nona area, his arrest affidavit states.
Curtsinger, while driving a white Dodge Ram pickup truck, pulled next to a white Ford van and immediately shot Radke, the affidavit said.
Curtsinger told 911 callers he shot Radke because he pulled a gun on him and was defending himself, the report says.
He was originally accused of first-degree murder. The Orange-Osceola State Attorney’s Office officially charged Curtsinger with second-degree murder.
People convicted of second-degree murder in Florida are not eligible for the death penalty. The maximum sentence for that crime is life in prison.
Curtsinger remains jailed without bond at the Orange Couty Jail.
Records show he’s entered a written plea of not guilty.
A pretrial conference in the case is set for Oct. 17.
Seven spent shell casings and the 9mm were found inside Curtsinger’s pickup truck. Radke was shot six times.
Radke’s ex-wife, Carla Radke, said they got divorced about four years ago, officials said.
She said she recently developed a relationship with Curtsinger, an old boyfriend, and they opened a joint checking account.
She said Curtsinger was at her house pressure washing her house before the shooting.curtsinger motion to dismiss
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