​Continued...

​

Lebow said the prosecution had failed to prove its case: that Brian Blades had acted recklessly or negligently in the death of his cousin.

“Victory is not mine,” Blades, 30, said outside the courtroom in Fort Lauderdale. “It’s the Lord’s.”

Moments after the hearing, prosecutor Peter Magrino sat in his office filling out appeal forms, dumbfounded at the turn of events.

“I was shocked,” Magrino said.

“[Judges] are not supposed to substitute their judgement for that of the jury,” Magrino said. “Clearly that’s what she has done.”

State law allows prosecutors to appeal a judge’s acquittal of a defendant when the order is entered after a jury verdict.
Magrino said the is the Fourth District Court of Appeal decides Lebow acted improperly, the guility verdict will be reinstated and Blades will be sentenced. IF the West Palm Beach-based court rules Lebow was right, Blades will remain a free man since he can not be tried again on the same charge.



In surprise move, judge clears Blades in cousin's death.



Even if the appeals court rules in favor of the state, defense attorneys could opt to appeal anew on other grounds. They contend that MAgrino made an improper comment in his closing argument, and they say one juror wanted change her verdict shortly after the trial ended. Niether issue was addressed Monday.



Lebow's ruling as the attest twist in a case that has been full of them. 



In September, Blades enterd a plea of not guilty in the shooting death of his 340year0old cousin.



Ijn April, Blades surprisingly changed his verdict to no contact, saying he wanted to end the suffering of both his and his cousin's families. On May 17, less than two weeks before his sentencing hearing, and on the advice of his attorneys, Blades again changed his mind, this time withdrawing his no contest plea. Trial was set for June 3rd.



Brian Blades and his attorneys, Bruce Zimet and Fred Haddad, always have said that Charles Blades' death was an accident. The attorneys also said they would get their client acquitted of the charge.



Outside the courtroom on Monday, television cameras rolled as Zimet and HAddad basked in victory. 'It's amazing what 72 hours can do,' Zimet said. 'Th judge recognized that it should never have gone to the jury,' Haddad said. 'She's going to get crucified for this, let's face it.'



Thursday and Friday, a four-man, two-woman circuit jury deliberated seven hours before finding Blades guilty of manslaughter, which carries up to 10 years in prison. The jury decided Blades had acted with disregard for human life when he pulled a .380-caliber pistol after arguing with his brother, Detroit Lions safety Bennie Blades.



Charles Blades of Opa-locka, followed Brian Blades to his Plantation townhouse, trying to defuse the situation. As Brian Blades and Charles Blades struggled over Brian Blades' pistol, it went off. A bullet hit Charles Blades under his chin, severing his carotid artery.



Prosecutor Magrino said Brian Blades was guilty of manslaughter because it was irresponsible of him to pull a loaded gun and put his finger on the trigger. He called 13 witnesses over three days to prove his case.



When Magrino rested on Thursday, Zimet and Haddad, who put no witnesses on the stand, asked the judge to free their client, saying the state had not proved he was guilty. 'There is absolutely no evidence that this court can use to show that Brian Blades displayed culpable negligence,' Haddad said at the time. 'There isn't any evince that Brian Blades even had his hand on the gun.'



Defense attorneys routinely ask judges to isse a verdict of acquittal when both sides have rested their cases. But judges seldom grant those motions because of a reluctance to take a case out of the jury's hands. Only in the weakest of cases are such motions granted, said retired Cicuirt Judge Russell Seay, who tried cases in Broward for 28 years.



Lebow withheld ruling on the dense motion and let the jury deliberate. She said she wanted to be sure of the law.



At 1:11 pm on Monday, in a hearing to decide on defense motions for acquittal and mistrial, Lebow read a brief statement announcing her decision. After carefully reading the law submitted by both sides, Lebow said she agreed with the dense, then entered the verdict of not guilty. She did not explain further and declined to answer questions. It may be highly unusual and '[Lebow} may be a little late in coming to it, but she has the right to do it' after the jury's verdict, Seay, the retired judge said.



Haddad theorized that Lebow 'probably assumed, as would most other persons, that no reasonable jury could have reached a verdict of guilty in this case. An unreasonable jury probably couldn't have reached a verdict of guilty.'



None of the six jurors in the case could be reached for comment Monday night. 



Later in the day, Brian Blades wearing a bright blue T-shirt, a baseball cap and shorts read a prepared statement.



'Today Judge Lebow acquitted me, hopefully ending my criminal case and allowing my family to move on with their lives,' Blades said, flanked by his mother, Rosa, and Charles Blades's mother, Gertrude. 'But the sorrow and grief of Charles's death will be with me forever.'

​