FORT LAUDERDALE, Fla. – A Broward Sheriff's Office deputy accused of shooting a man inside a Hollywood home last year appeared before a judge on Monday.
Kevin McClernon, 51, scored a bit of a victory in court as a judge agreed to his attorney's request to grant him a "stand your ground" hearing.
McClernon is charged with aggravated battery with a deadly weapon, using a firearm while under the influence and culpable negligence.
According to an arrest report, McClernon shot Michael Hinsch inside the apartment of Hinsch's girlfriend while he was off duty.
"There was a cop sitting there drinking a beer," Hinsch told Local 10 News last January. "I asked him to leave. I didn't get loud or anything. Apparently he was drunk and he shot me."
The state also believes alcohol played a part in the shooting.
In any case, McClernon and his attorneys claim the shooting was an act of self-defense and requested a "stand your ground" hearing.
The "stand your ground law" authorizes a person to protect and defend themselves against a threat or perceived threat.
According to the state, McClernon had been drinking beer at the woman's apartment in Hollywood, and was in uniform. They said it appeared that he was buttoning up his pants when Hinsch came home.
Hinsch told police that he asked McClernon to leave, but instead, he grabbed his gun and took aim with his Glock, shooting Hinsch in the groin.
McClernon's lawyers claim Hinsch had a knife and that McClernon ordered him to put it down several times before pulling the trigger.
McClernon, a former BSO training deputy of the year and a lieutenant colonel in the Marines, has been suspended without pay since the incident.
The judge has not set a date for the hearing, which, at that time, Hinsch and McClernon are expected to both take the stand.
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