pa2a.org


Share Thread:  
17 y/o dead in FLA after home invasion
#21
gascolator;173436 Wrote:Given FL Castle Doctrine, the homeowner is probably legally protected.

Still, the burglar's family willsue, and she'll have to pay a good lawyer to get the case tossed on Castle Doctrine grounds.

Doesn't Castle Doctrine bar civil suits in these cases?

In looking for more recent info, I found this article in WaPo.
https://www.washingtonpost.com/news/morn...e-charged/

Quote: . . . . . . .
There is little clarity in the reports of what happened that afternoon after Jenrette rushed home. It’s unclear whether Jenrette called the police or whether they were automatically called to the house by the alarm system. A police statement said she “arrived prior to the officers and began to inspect the exterior of the home, when a confrontation occurred with the burglar. The homeowner produced a firearm and shot the subject.”

Other news reports quoting police said she “went room to room” searching the house before finding Johnson, according to WSVN.

“She observed a subject exiting the home through the rear,” Miami-Dade police spokesman Daniel Ferrin told the television station. “At that point there was some type of a quick confrontation.”

“The police told her don’t go in the house,” Vaughan Johnson, Trevon’s brother, told WPLG. “She’s still going in the house searching for something. Then she says this lady came out and shot one time and shot him in the chest.”

“What’s wrong with her?” Johnson’s sister, Nisha Johnson, told CBS. “She did not have to shoot him.”

Police arrived moments after the shooting and tried to revive Trevon, but it was too late. He was pronounced dead at a hospital.

Johnson had been arrested earlier this year, although the charge was not disclosed because he was a juvenile, WSVN reported.

The state’s attorney’s office will decide whether charges will be filed against Jenrette. But Florida statutes provide some of the staunchest protections in the country for homeowners who confront intruders.

“A person is justified in using or threatening to use deadly force if he or she reasonably believes that using or threatening to use such force is necessary to prevent imminent death or great bodily harm to himself or herself or another or to prevent the imminent commission of a forcible felony,” according to state law. “A person who uses or threatens to use deadly force in accordance with this subsection does not have a duty to retreat and has the right to stand his or her ground if the person using or threatening to use the deadly force is not engaged in a criminal activity and is in a place where he or she has a right to be.”

But Florida law goes far beyond this “Stand Your Ground” law, which became the focal point in the 2012 shooting of another 17-year-old, Trayvon Martin, in Sanford, Fla.

Instead, in Florida, anybody who “unlawfully and by force enters or attempts to enter a person’s dwelling, residence, or occupied vehicle is presumed to be doing so with the intent to commit an unlawful act involving force or violence.”

That means that homeowners are presumed to have “reasonable fear of imminent peril of death or great bodily harm to himself or herself or another” whenever someone “unlawfully and forcefully” enters their house, essentially giving homeowners broad license to shoot at intruders.

Florida law also provides homeowners who shoot intruders with sweeping protections against civil lawsuits, meaning Johnson’s family is unlikely to receive a wrongful death settlement.

Police said Jenrette is cooperating with the investigation and accompanied officers to the station for questioning.

“She’s a person that is a little distraught because this is her home that someone obviously was in,” Ferrin told CBS.

He also asked citizens to let officers do their jobs, however.

“If there’s any type of situation that happens or they believe there’s a burglary at the home or any type of confrontation, dial 911. Have the police make that confrontation,” he said. “That’s what we’re here for.”
I don't suffer from insanity.
I enjoy every minute of it.
Reply
#22
halftrack;173463 Wrote:
gascolator;173436 Wrote:Given FL Castle Doctrine, the homeowner is probably legally protected.

Still, the burglar's family willsue, and she'll have to pay a good lawyer to get the case tossed on Castle Doctrine grounds.

Doesn't Castle Doctrine bar civil suits in these cases?

It doesn't quite bar them. It means they'll get dismissed. Which means you have to shell out $xx,xxx.00 for the right lawyer. So scumbag ends up making you give up your "stuff" anyway. Oh, and even if it says that scumbag's family is on the hook for your legal fees, do you really think you're going to get blood from that rock?

As Janis (well, really Kris) said "Freedom's just another word for nothin' left to lose."

I think we're all in agreement; we don't really give two shits for the ass-wipe burglar.

On the other hand, we're kind of mixed as far as whether the homeowner exercised very good judgement in being the agent of his being sent to meet his (probably rather disappointed) maker.

I tend to ask, "WWMD?" (What Would Masaad Do?). I think Masaad Ayoob probably would have suggested to let the little bastard run off and not to have to deal with the rather inevitable bullshit that the homeowner is going to deal with.
gascolator, proud to be a member of pa2a.org since Nov 2012.
Reply






Possibly Related Threads…
Thread Author Replies Views Last Post
  Wild boars rampage in Kirkuk leaving 3 Islamic State militants dead P89 0 469 04-26-2017, 03:33 PM
Last Post: P89
  Nancy Reagan dead at 94 soberbyker 0 752 03-06-2016, 02:15 PM
Last Post: soberbyker
  Teen break-in leads police to weapons stashed in empty home Mr_Gixxer 2 1,124 05-11-2015, 09:29 PM
Last Post: spblademaker
  Judge strikes down DC laws against guns outside home RugerGirl 37 4,071 07-31-2014, 05:55 PM
Last Post: DeadEye
  Target: "Please, Leave Your Guns Home." jahwarrior72 19 1,932 07-02-2014, 04:54 PM
Last Post: kadar



Users browsing this thread: 1 Guest(s)

Software by MyBB, © 2002-2015 MyBB Group.
Template by Modogodo Design.