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Man killed daughter's boyfriend and claimed 'stand your ground.' The judge didn't buy it.

WEST PALM BEACH — A man who killed his daughter's boyfriend cannot use "stand your ground" as his defense against the murder charge he faces, a circuit judge ruled Thursday.

Nicholas Lampp was unarmed and walking his dog Pebbles when Joseph Hamilton, 51, shot him in the head on Feb. 27, 2021. First responders found Lampp splayed on the ground with a bag of dog treats in one hand and a leash in the other outside his Royal Palm Beach apartment. He died in a hospital three days later.

Nicholas Lampp, 23, poses with his Jack Russel Terrier mix named Pebbles. Lampp was shot to death outside of his apartment complex as he walked Pebbles.
Nicholas Lampp, 23, poses with his Jack Russel Terrier mix named Pebbles. Lampp was shot to death outside of his apartment complex as he walked Pebbles.

"This is a young man that got confronted in front of his own home by an angry dad who was not going to take no for an answer," Assistant State Attorney Aleathea McRoberts told Circuit Judge Sarah Willis during a hearing Monday.

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Judge outlines inconsistencies in gunman's 'stand your ground' argument

Hamilton asked the judge for immunity this week under Florida's "stand your ground" statute, which permits the use of deadly force for self-defense.

He told Palm Beach County sheriff's deputies that he confronted Lampp because he was concerned about his daughter's recent behavior, and that he shot him because he feared for his safety during the confrontation. But in her ruling, Willis cited several facts that called the "stand your ground" defense into question.

The angle of the bullet indicates that Lampp was falling or already on the ground when the bullet entered his skull, deputies said. Hamilton fled from the crime scene instead of calling for help and stashed pieces of his gun in storm grates and trash cans across Palm Beach County so it couldn't be traced.

Hamilton also wore a red banana across his face and a hood pulled over his head to conceal his identity during the confrontation, Willis wrote.

The 51-year-old father confessed only after deputies presented him with surveillance-camera footage and eye witness testimony that tied him to the murder, the judge wrote. McRoberts played a recording of the interrogation before the judge Monday.

"What do I have to run from?" Hamilton asked the detective. "That's my sidewalk."

"No, no," the detective answered. "See, this is the problem. It's his sidewalk. You went to his house."

Circuit Judge Sarah Willis listens to arguments during a hearing for Joseph Hamilton at the Palm Beach County Courthouse in downtown West Palm Beach, Fla., on August 8, 2022.
Circuit Judge Sarah Willis listens to arguments during a hearing for Joseph Hamilton at the Palm Beach County Courthouse in downtown West Palm Beach, Fla., on August 8, 2022.

At least fourth time Palm Beach County judge denies 'stand your ground' since December

Hamilton leaned back in his chair as the recording played in court. The Italian word "Omertà," tattooed across the back of his neck, peaked out from beneath the collar of his jailhouse jumpsuit. It's a vow of silence, a refusal to admit guilt to authorities.

Willis' ruling marked at least the fourth time since December that a Palm Beach County circuit court judge denied a person facing a murder charge the right to a "stand your ground" defense.

Though he's denied immunity under the statute, Hamilton can still try to convince jurors that he acted in self-defense should his case go to trial. His next court appearance is scheduled for Aug. 22.

The Palm Beach County Public Defender's Office is representing Hamilton. As a policy, it does not comment on open cases.

Behind him in the courtroom Monday, Lampp's mother, Patty, wiped her eyes.

"He'll get judged after he dies," his father, Glenn, said after. "It's not going to be pretty for him."

Hannah Phillips is a journalist covering public safety and criminal justice at The Palm Beach Post. You can reach her at hphillips@pbpost.com.

This article originally appeared on Palm Beach Post: Stand your ground: Judge rejects gunman's defense in West Palm Beach case