MIAMI (AP) - A judge citing the Florida statute commonly called the "stand your ground' law has dismissed a murder charge against a man who chased and fatally stabbed a suspected thief.

Miami-Dade Circuit Judge Beth Bloom previously decided Greyston Garcia was immune from prosecution in the January killing of Pedro Roteta.

Bloom ruled Tuesday that a bag of stolen car radios Roteta swung at Garcia amounted to a lethal threat. Bloom said Garcia "was well within his rights to pursue the victim and demand the return of his property."

Bloom noted that Garcia went home instead of calling 911 and later hid the knife and sold two of the radios

Chief Assistant State Attorney Kathleen Hoague told The Miami Herald that she would appeal the ruling because Bloom "abused her discretion."