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Crime & Safety

Deadly Shooting: Road Rage or Stand Your Ground?

Brandon Baker, 30, was shot and killed by another driver in March and his family, including his sister who lives in New Port Richey, are using the Internet to raise awareness about the shooting, with the hope that the State Attorney's Office will prosecut

No doubt, the chain of events that unfolded on an early morning in March resulted in a tragic loss for one local family. Brandon Baker's life ended at 30 years old when he was shot to death in front of his twin brother, Chris, on a road leading to their Boot Ranch apartment complex in East Lake. 

But was a law broken? The answer is not as clear.

The State Attorney's Office is now investigating the shooting, and Brandon Baker's family, including his sister Brandi who lives in New Port Richey, is waiting for the decision. 

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"I really have hope and faith that they're going to look at it like it was one of their own family members," said Baker's father, Kevin Lindsay, 53, of Largo.

A Roadside Shooting

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Brandon Baker was shot and killed by Seth Browning, 23, an off-duty security guard, around 2:17 a.m. March 6, according to Pinellas County sheriff's investigators.

Baker was driving a Chevy truck, one of three vehicles that had pulled off East Lake Road that morning. Browning, who was driving a Mitsubishi Lancer, told investigators that he had followed Baker's truck to get its tag information because he was concerned about Baker's driving. Brandon's twin brother, Chris, and Brandon's girlfriend, Amy Marcellus, were in the third vehicle that pulled over, a black BMW.

Browning told investigators that Brandon Baker got out of his truck and approached him in an aggressive manner, so he pepper-sprayed him. Browning said Brandon continued to approach his car and then reached into the car and punched Browning, who in turn pulled out his gun and shot Brandon. Browning called 911 and remained on scene until deputies arrived, according to the Pinellas County Sheriff's Office.

"It saddens me there is someone out there who would so easily pull a trigger," Lindsay said.

The 'Stand Your Ground' Case

Lindsay says the week his son died, he went to the sheriff's office to get information about what happened. "I came away from there feeling awful," he said.

Lindsay said the detective told him that it looked like a "stand your ground" case. The controversial Florida law allows people to protect themselves when they have a reasonable fear for their lives.

"I knew Brandon didn't deserve it, but I felt like this is the way the story is going to go down and this is the way he'll be remembered, that he, quote, 'got what he deserved.' Nobody with a heart would say things like that, but the law would make it look like that," Lindsay said.

Lindsay says his attorney was outraged that investigators were calling it a "stand your ground" case.

"Chris and Amy tell it that Seth Browning was chasing Brandon, cutting in and tailgating and going up and looking at him and cutting back in," Lindsay said. 

"He did take it upon himself to be the guy with the gun and the tear gas," Lindsay said of his son's shooter.

Two Online Petitions

After his meeting with the sheriff's detective, Lindsay went home and logged online. He shared his experience with his Facebook friends, who offered their support.

That support turned into petitions that now appear on two different websites. One website, called Justice for Brandon Baker, features family photos, news coverage of the shooting, information about Florida Statutes and a petition requesting that Seth Browning be prosecuted for the death of Brandon Baker.

The other website, Change.org, features a petition called Justice for Brandon Baker. The petition argues that Florida's "stand your ground" law does not apply to the case and that Seth Browning should be prosecuted. The petition claims that Browning was the aggressor in the incident.

The two websites show just how powerful the Internet can be when it comes to rallying support for a cause. The petition on the Justice for Brandon Baker website has more than 1,000 supporters, while the petition on Change.org has more than 2,500.

Lindsay and his daughter, Brandi Baker, 31, say they're not trying to force the State Attorney's Office to hurry with a decision; they realize that investigations take time.

"We want people to know about the cause. There's a lot of gray area in the law," Brandi Baker said, referring to Florida's "stand your ground" law. "It should be a last resort, not a trigger-happy kind of thing."

Death Leaves a Hole in the Baker Family

Brandi Baker, who lives in New Port Richey, misses her brother terribly. She choked up while describing Brandon's goofy antics and the way he used to tease her, which she used to find annoying but now recalls as endearing.

"Now I wish he was here, still doing that to me," she says.

Brandon is remembered by his family as a big-hearted caretaker of his siblings. He had a close relationship with his twin brother, Chris. The brothers lived together in an apartment with Brandon's girlfriend, Amy. 

"I think about Chris' daily loss because they had every day of the last year together, and it's going to be hard," his father said.

The loss is also huge for Brandon's girlfriend. Lindsay says the couple had been together for at least three years. "I feel bad for Amy … that loss, that closeness," he said.

Brandon will also miss seeing his 14-month-old niece grow up. He bought a crib for little Marilyn before she was born. 

"I couldn't afford it," Brandi Baker said. "He was like, 'If that's the crib you want, you should be able to have it.' He was very excited before Marilyn was born."

"He had an amazing smile and goofiness about him," one that Marilyn will never see again, Brandi Baker said. "She likes to grab her small stuffed animals and smash them to her face. She used to do that to Brandon, too."

Kevin Lindsay says his ex-wife, Bonnie, is still too shaken up to speak about the loss of her son. Lindsay's emotions are strong, as well.

"I look at that picture, and I think, 'How could anybody end that?'" he said while holding a photo of his twin sons as young boys.

A Benefit Concert for Brandon Baker will be held from 1-10 p.m. Saturday, April 22, at Rudy's Sports Bar in Largo. Proceeds will pay for Baker's funeral expenses. Details can be found at the Justice for Brandon Baker Facebook page.

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