TAMPA (FOX 13) - Murder defendant Orin Bivens says he was in imminent fear for his life the day he shot and killed his ex-wife's husband.
"He started saying he was gonna kill me. I was afraid at that point on what could happen next," explained Bivens during a hearing.
But Hillsborough Circuit Judge Tom Barber didn't buy it. He denied his stand your ground motion. Bivens was using Florida's controversial law to dodge murder charges.
Bivens claims he and Alfred Lester got into an argument one morning when dropping off his son at school.
Bivens claims Lester lunged at him and that's when the defendant pulled out a gun and shot him dead.
"I drew my weapon and I fired," said Bivens.
But in his four-page ruling, Judge Barber points out the victim was was retreating when he saw the gun.
In fact, Bivens admits chasing Lester and shooting him in the back.
"I saw him running up the stairs and I started firing up the stairs to try and stop him," said Bivens.
Judge Barber writes, "neither Bivens nor his son were in imminent danger of death or great bodily harm."
Bivens took the setback a lot better then he did in the past.
Early on, Bivens said he was a sovereign monarch.
"My name is Obadiah Bin Ashayah," he said previously, claiming our laws don't apply to him.
The outbursts and disrespect got him six months in jail. Now Bivens is on his best behavior hoping to beat murder charges.