Elderly St. Petersburg man arrested for firing gun at assailants

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http://www.theledger.com/apps/pbcs.dll/article?AID=/20031202/APN/312020594

Elderly St. Petersburg man arrested for firing gun at assailants

The Associated Press
ST. PETERSBURG, Fla.

A 71-year-old man was arrested for firing a gun at three men beating up his 63-year-old friend, striking one of the men in the arm, deputies said.

Melvin B. Spaulding held up his .22-caliber pistol and told the men to stop hitting and kicking his friend George Lowe. When they didn't listen, he fired the gun, Pinellas County Sheriff's spokesman Tim Goodman said.

"I'm sure he was concerned for his friend's safety...," Goodman said. "The use of a weapon to stop a confrontation is not the right way. He would have been better off calling 911."

James T. Moore, 20, was treated for the gunshot wound at Bayfront Medical Center and was arrested for an unrelated battery charge earlier the same night.

Lowe said the altercation began Sunday night when he heard loud noises outside his home and discovered a group of young men pounding on cars and shouting. When he told them to stop, they attacked him, he said.

Spaulding, who had no criminal record in Florida, acknowledged firing the gun, according to sheriff's records. He was being held without bail in Pinellas County Jail.

The Pinellas-Pasco State Attorney's office would carfully investigate the case before deciding whether to file an attempted murder charge against Spaulding, prosecutor Bruce Bartlett said.

"As far as I'm concerned, he's my hero," said Lowe, who suffered a torn leg muscle, bruises and a sore back in the fight. "He's my friend, but he's also my hero."

It could not be determined whether Spaulding or Moore had attorneys.

+++++++++++

Okay, this time I really did a search before posting and didn't find this one. As a Florida resident, I'm not sure this is going anywhere. You are allowed to defend another person from a violent (I think the technical term is "forcible") felony with deadly force in this state. Unless there is something that wasn't reported here, I don't get why this guy was arrested, although the sentiments of Goodman say quite a bit.

edited to add link
 
three 20 year old guys (that is if his buddies are the same age) beating up on a 63 year old man?

"I'm sure he was concerned for his friend's safety...," Goodman said. "The use of a weapon to stop a confrontation is not the right way. He would have been better off calling 911."
Click to expand...
He might have been, but I doubt his friend would. This guy has obviously never been against multiple attackers with his bare hands. It wouldnt surprise me a bit if he was singing a different tune if the three guys were beating up a cop.

No offense to any LEOs intended.
 
If the report is correct, one cannot help than take a seat with open mouth.
:uhoh:
If Spaulding doesn’t have a criminal record, why they even hold him in jail?

Reads like a justified use of a gun for self defense.

Quickloader
 
Not sure why he is there without bond unless the county DA is a hard core anti or something. Unusual for that part of FL. Betcha he gets a no-bill from the grand jury if the DA decides to prosecute anyway.

GT
 
"I'm sure he was concerned for his friend's safety...," Goodman said. "The use of a weapon to stop a confrontation is not the right way. He would have been better off calling 911."
Click to expand...
911. Right. :fire:

- Gabe
 
Ok - it's already been said a few times but hell ....
He would have been better off calling 911
Click to expand...
On the face of it -- are they SERIOUS?? ....... every few seconds of a beating such as this appears to be, could mean disablement and eventually even death ... is this NOT a potentially life threatening situation. Sheesh. Gimme a break! Every minute counts.

Only rider to that is .. to once more be aware ...... ''do we have all the facts'' ... all too easy to assume too much... maybe it will become clarified.
 
``I'm sure he was concerned for his friend's safety...,'' Goodman said. ``The use of a weapon to stop a confrontation is not the right way. He would have been better off calling 911.''
Click to expand...

A confrontation? Then does somebody wanna tell me what the hell he considers a violent beating of an unarmed senior citizen?!?!
 
"The use of a weapon to stop a confrontation is not the right way. He would have been better off calling 911."
Click to expand...
What's the average police response time here?

Let's say five minutes.

Take three young toughs pummeling an old man at a leisurely rate of, say, 1 punch or kick every five seconds each . . . that's 12 blows per minute times three hoods times five minutes . . .

The poor old guy would've absorbed at least 180 additional punches or kicks while waiting for the cops. And if the beating was vigorous, or if the cops took longer than five minutes, this number could easily double or triple.

Unless there's something significant that we don't know about this story (always a possibility) Mr. Spaulding is a hero to be lauded, not a criminal to be jailed.
 
Errr..

Last time I checked, it didn't take too much beating to kill or seriously hurt someone who's a senior citizen.. And so like said.. every second is precious.. It seems like the PERFECT poster child of "See? 2 senior citizens wouldn't have a chance against some thugs, but the gun (even a .22) became the great equalizer and saved a life"...

This has :barf: written all over it..

and the 911 comment... :cuss: :banghead: DISGUSTING...
 
:rolleyes:

God save us from Department Spokesmen.

Unless there is something more to this (yes, thats a big caveat), I'm not sure why he'd be held sans bond. In FL, shootings might be required to go to a Grand Jury (anyone know?), so that could be why the 'case is proceeding.' If it's a clean shoot, he should walk free.

As to the 911 comment...ehh. Words fail me.

Upon a reread...

There are no times/dates in the cite. Its possible that he's just being held "without bond" prior to arraignment, which for a possible felony is entirely proper. Some places allow you to provide a surety bond right away on really trivial offenses. IF this is the case, its a matter of the reporter not getting his terms right for the article. Which, frankly, fails to surprise.

Mike
 
I think Spaulding should be charged with "not carrying a big enough gun"

Since this is a first offense, the charge should be dismissed upon the defendant presenting to the judge a receipt for the purchase of a minimum 9mm or 38sp handgun.
 
FL, shootings might be required to go to a Grand Jury (anyone know?)
Click to expand...

If so, it's news to me. I don't recall reading that in the Florida Firearms Law book that has become the unofficial gun-law bible down here, but you'll need a lawyer to tell you for sure.
 
Reading between the lines, and I mean really reading as there`s no basis for an arrest in the story, I`d say the D.A. has an agenda. He would order the arrest and like the organ grinder, let his monkey do the talking.:rolleyes:

The thing that tripped my wire is the no bond thing. That in itself should send the story back for rewrite.
 
This sends a clear signal to thugs that it's OK to beat people up as long as the cops haven't made it to the scene.
 
:cuss::cuss::cuss::cuss:
[rant]They can't be serious.

If anyone needs to be charged with attempted murder it's the three cowards who were beating up a senior citizen.

Set the hero (for the slow-witted liberals, he's the one with the firearm defending his friend from the thugs) free and lock up the real bad guys!

This is so ludicrous that I am having a hard time digesting it.

Call 911 and sit idly by and watch your friend get mauled my three men young enough to be his grandsons? What sort of "advice" is that?!?

And the spokesman needs a reality check. Maybe he needs to be on the receiving end of an assault by three young punks with the only possible relief in sight being a friend with a gun. Would he want that friend to act to stop the thugs, or to head out to find a phone to call 911? How much crap can you kick out of a person in 5-10 minutes, Mr. Goodman?

Mr. Spaulding should be at home, or out for dinner with his rescued friend, not sitting in a cell. [/rant]
:cuss::cuss::cuss::cuss:
 
You know, assuming the article is accurate, the more I read this the angrier it makes me.
 
I'm not a lawyer, but here's what the state statutes say:

776.031 Use of force in defense of others.--
A person is justified in the use of force, except deadly force, against another when and to the extent that the person reasonably believes that such conduct is necessary to prevent or terminate such other's trespass on, or other tortious or criminal interference with, either real property other than a dwelling or personal property, lawfully in his or her possession or in the possession of another who is a member of his or her immediate family or household or of a person whose property he or she has a legal duty to protect. However, the person is justified in the use of deadly force only if he or she reasonably believes that such force is necessary to prevent the imminent commission of a forcible felony.

776.08 Forcible felony.--
"Forcible felony" means treason; murder; manslaughter; sexual battery; carjacking; home-invasion robbery; robbery; burglary; arson; kidnapping; aggravated assault; aggravated battery; aggravated stalking; aircraft piracy; unlawful throwing, placing, or discharging of a destructive device or bomb; and any other felony which involves the use or threat of physical force or violence against any individual.
 
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