Volusia County, FL- A motion for the stand-your-ground defense by a Port Orange man has been denied during a hearing today. Robert Gelles is accused of shooting and killing 44-year-old Joseph Bailey III last September at the intersection of Ridgewood Avenue and Dunlawton Avenue.
The 64-year-old Gelles said that he was frightened when Bailey approached his work truck. Gelles had rear-ended Bailey's Avalanche after he cut in front of him and stopped short.
Witnesses say Bailey got out of his truck and walked toward Gelles truck with his arms raised in a "What happened" motion. The witnesses also say they saw a gun point out the window of the van and then saw Bailey get shot and fall to the ground.
Under cross-examination by Assistant State Attorney HeathaTrigones, Gelles said he did not see a weapon on Bailey and that Bailey had not told him he had a weapon.
Gelles also admitted that he had been arrested before for an incident involving the same 9 mm pistol he used to shoot and kill Bailey.
Gelles did not have a permit to carry a gun, yet allegedly fired one, killing Bailey at the intersection following the road rage incident.
(Photo courtesy of Volusia County Jail)
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