TAMPA, Fla. (FOX 13) - Teddy Baltimore Smith is accused of killing a man who spat at him through a car window.
Smith says the fatal stabbing was self-defense. Moreover, he wants to use Florida's stand your ground law to win immunity from prosecution.
Smith was in court for a lengthy hearing Thursday. A judge must decide whether he was in fear for his own life when he killed Gilbert Serna.
Prosecutors say Serna was the passenger in a pickup truck when he spat through the window, hitting Smith's BMW.
Smith was upset. He stopped at a red light and got out of his car to confront Serna. The two had a verbal confrontation, which quickly escalated.
Jeffrey Hunter was driving the pickup truck. During testimony Thursday, he recalled the stabbing, calling Serna by the nickname "G."
Hunter said Serna kept apologizing to Smith, but claimed the apologies made Smith angrier.
Hunter said Smith started hitting Serna with a flip flop.
Then, Hunter says, Smith went to his car and grabbed a knife and came back to the car.
“They were kinda cat scratching a little bit, swinging at each other, got a couple of blows in on G and he kinda hit him a couple of times, you know what I mean? And he went to the car and got a steak knife and stabbed in the heart one time,” Hunter said.
Hunter said after stabbing Serna he noticed what he interpreted as a look of regret on Smith's face.
Hunter said Smith said to himself, "damn, damn," before getting back in his car and leaving the scene.
A judge is expected to rule soon on whether Smith was standing his ground. If he wins immunity, Smith walks away a free man.