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🔍 Judge Denies Motion – Judge David Oberliessen ruled Dylan Deschaine is not entitled to immunity under Stand Your Ground laws following an April 2 pretrial hearing.
📹 Video & Testimony Disagree – Surveillance footage and witness statements contradicted Deschaine’s claim that he acted out of fear during the fatal altercation.
🗓️ Next Steps – Deschaine’s case proceeds, with a pretrial conference scheduled for June 11, marking the ninth continuance in the case
Mid Bay News has finally obtained a copy of the order by Judge David Oberliessen that denies Dylan Deschaine’s defense team their motion to dismiss the murder charges against him by arguing a ‘Stand Your Ground’ defense.
Prosecutors allege Dylan Deschaine cut and killed local restauranteur Mike Ledford during a fight in the Oak Creek Shopping Plaza after a verbal altercation escalated in February 2024.
In the order, Judge Oberliessen reviewed the evidence the prosecution and defense provided in their April 2 motion hearing that we covered here.
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Judge Oberliessen, in a 14-page order, denied the motion Deschaine’s attorney, Michael Weinstock, filed for several reasons.
“The Court does not find this belief reasonable given the facts presented at the pre-triªl immunity hearing held on April 2, 2025. The Court finds that the state has proved by clear and convincing evidence that the Defendant is not entitled to immunity from criminal prosecution,” Oberliessen wrote in his memo.
In his first argument for denying the stand-your-ground motion – Judge Oberliessen noted Deschaine testified he called Ledford a series of names that aren’t to be repeated in polite company.
After the initial violence and exchange of words just outside the liquor store, Deschaine – according to the court order – taunted Ledford for driving away. “This is [sic] not the actions of someone afraid of another individual. A person in fear would not hurl insults and fighting words at the subject of their fear while that person is driving away,” Judge Oberliessen wrote in his opinion.
In the hearing on April 2, Deschaine told the Court that Ledford’s truck pulled away from the store and then turned around to come toward him. “But, the Defendant failed to mention that occurred while the Defendant was screaming insults at him, which can be heard on the Bealls outdoor security video. The Defendant testified that he did not want to fight with Mr. Ledford and even evoked [sic] his three-year-old child, but that would have been after he quickly walked across the parking lot to get back to where Mr. Ledford had stopped his truck. The Court finds taht the video evidence contradicts the Defendant’s testimony that he was afraid after the initial altercation. The Defendant also testified that he had already pulled out his knife while trying to de-escalate the situation that he just ramped back up.”
Ultimately, Oberliessen judged Deschaine’s testimony was not credible.
Oberliessen wrote that Deschaine’s testimony and video camera evidence did not match up – and ultimately led to Oberliessen’s decision not to grant the motion to dismiss.
Further, Oberliessen argued Deschaine voluntarily reengaged with Ledford after the initial fight in the doorway of the Paradise Liquors. “It appears that, at the very least, the Defendant voluntarily reengaged with Mr. Ledford after the initial altercation, and the two men were mutual combatants. The Court finds it hard to believe the Defendant’s statement about seeing a gun in Mr. Ledford’s waistband.”
After the fight and Deschaine’s alleged cutting of Ledford, Oberliessen argues that Deschaine made another mistake that made him ineligible for a stand-your-ground defense: He ran.
Oberliessen noted that after the cutting, Deschaine fled the scene and hid a knife the prosecution claims was used to kill Ledford. Additionally, the Court alleges in its opinion order that Deschaine bragged about killing Ledford and talked about a variety of subjects, including the claim he was a member of The Gangster Disciples, a Chicago-based street gang, but didn’t talk about Ledford possessing, brandishing or otherwise threatening Deschaine with a gun – as he would claim later. “The defendant’s claimed fear of imminent death or great bodily harm is not supported by them [sic] evidence since Mr. Ledford did not display nor brandish a weapon, and the Defendant had no visible injuries caused by Mr. Ledford.”
Judge Oberliessen leaned heavily on Paradise Liquor Manager Jonathon DeMastry’s testimony. He wrote, “Although there was contentious back and forth between Mr. DeMAstry and defense counsel [Michael Weinstock] during his cross-examination, the Court found that his testimony was reliable as he can be seen walking towards the final altercation from the Beall’s inside camera.
Demastry testified to the Court in the hearing that Deschaine attacked Ledford from behind as Ledford walked back to his truck.
The Court cited Florida Statute 776.012((2)) to support its decision. The law says a person can use deadly force to protect themselves or others – or stop a forcible felony from happening.
Oberliessen also cited Jackson V. State, 253 So. 3d 738,740 from 2021 to reinforce his belief that the law does not allow Deschaine to claim self-defense as Oberliessen believes Deschaine was already involved in a fight both parties agreed to take part in. “‘In most cases, a person in a fist fight lacks a sufficient justification to use deadly force,'” Oberliessen quoted from the case, “The evidence at the hearing showed that the defendant, although possibly justified in using force against Ledford, was not justified in using deadly force.”
“Therefore,” Oberliessen added, “with no credible evidence that a firearm was involved in the actual altercation, this was a fist fight until the Defendant pulled a knife and cut Mr. Ledford.”
Just because Judge Oberliessen denied the motion to dismiss does not mean Deschaine can no longer use self-defense to justify his actions on that evening in 2024. It simply means Oberliessen will not dismiss the case outright.
Deschaine has a pretrial conference scheduled on June 11, 2025, at 9 AM. But don’t expect the trial to start soon. This is the case’s ninth continuance over the last 14 months.
