Cliven Milton: Murder charge dismissed for man who shot mother of 3 to death under Stand Your Ground Law

Warning: This article contains a recollection of crime and can be triggering to some, readers’ discretion advised.

FAIRFIELD, CALIFORNIA: Under the state's Stand Your Ground law, a murder charge against a Fairfield man implicated in the 2021 shooting death of a 27-year-old mother of three has been dropped.

Cliven Milton, 45, was indicted by a Jefferson County grand jury in February 2022 on intentional murder charges in connection with the killing of Ladiamonique Esta Zaire Simmons, who was his wife’s cousin. Notably, Zaire Simmons was the mother of three young boys.

Initially, Cliven Milton faced no charges in the fatal shooting, but a Bessemer Cutoff grand jury indicted him five months later. 

A lengthy Stand Your Ground hearing took place on Aug. 1, 2023, during which Milton and his wife testified as per AL.com.

What did Circuit Judge David Carpenter claim?

This week, Circuit Judge David Carpenter granted the motion to dismiss, filed by Milton’s attorney Jason Wollitz. His wife testified in his defense. 

During the ruling on March 12, the judge David Carpenter said Milton had the right to defend himself because he was in his own home and was not the one who started the fight. 

He wrote, “Although the defendant was a convicted felon, and therefore could not legally be in possession of a firearm, the defendant has satisfied his burden that he reasonable feared death or serious injury from an imminent threat,”

Even though Milton was not allowed to have a gun, he used it to protect himself from what he believed was a life-threatening situation.

He concluded, “He reasonably believed that temporary possession of the firearm would avert the threat and he maintained possession only as long as necessary to avoid the threat.”

What is Stand Your Ground Law?

The Stand Your Ground law protects individuals from criminal prosecution if they can prove that they used deadly force in self-defense or in defense of another, and if they reasonably believed that another person was using, or about to use, deadly force.

Additionally, they must not have been engaged in any criminal activity, and they must have been in a place where they had a legal right to be.

What happened to Ladiamonique Esta Zaire Simmons?

Ladiamonique Esta Zaire Simmons was killed on September 16, 2021. 

Sheriff's deputies came to the house after 1 am when they heard shots fired during an argument between family members. 

In April 2023, Attorney Jason Wollitz asked for the murder charge against Cliven Milton to be dismissed under the Stand Your Ground law. 

Milton's lawyer said he was in his own home and had asked Zaire-Simmons to leave, but she shot at him first, and he thought she was trying to kill him. 

The prosecutors said Milton was not allowed to have a gun because he was a felon. Milton said he had been in a fight with his wife earlier that night and went to bed. 

He woke up later and saw Zaire-Simmons with a gun in one hand and a baby in the other. 

He told his wife to make her leave, but she didn't listen and threatened to shoot him. 

Milton thought she might be calling someone to hurt him, so he grabbed his wife's gun for protection. 

Zaire-Simmons either fired at him or pointed the gun at him, and he shot back, hitting her.