Elderly St. Petersburg man arrested for firing gun at assailants

[Bill St. Clair]

From this article at The St. Petersburg Times:

ST. PETERSBURG - Melvin B. Spaulding, who shot a man who was beating Spaulding's 63-year-old friend, was released late Tuesday from the Pinellas County Jail.

Spaulding, 71, charged with attempted murder, was released on his own recognizance at 10:12 p.m. by Pinellas Circuit Judge Brandt Downey.

Spaulding was picked up by George Lowe, the man he was trying to help Sunday night when the shooting occurred in the Lealman area.

The man who was shot, 20-year-old James T. Moore of Seminole, was treated and released from Bayfront Medical Center on Sunday night.

My bet is that the DA drops the charges. And I can't imagine a Grand Jury indicting him. No need to panic. The system worked.

 

[Bob Locke]

My bet is that the DA drops the charges. And I can't imagine a Grand Jury indicting him. No need to panic. The system worked.

I'm going to respectfully disagree.

If the system had worked, then Mr. Spaulding would have never spent a minute in jail, much less a night. He wouldn't have been fingerprinted and booked, as happens with people who are charged with attempted murder, and he wouldn't have had to appear before a magistrate and promise to show up for a trial at a future date.

And I'd love to know if the guys who were beating Mr. Lowe had ANY charges filed against them. None of the stories I've read says anything one way or another.

In my opinion, the system most definitely did NOT work.

 

[GSB]

And I'd love to know if the guys who were beating Mr. Lowe had ANY charges filed against them.

The guy who was shot was arrested for an "unrelated battery charge" from earlier in the evening. Sounds like a real prince. Maybe the other thugs are getting Brady Campaign-sponsored counseling to deal with the trauma of having their beating-the-elderly-man lark interrupted by "gun violence".

 

[Bill St. Clair]

Some of the police on the board correct me if I'm wrong (or back me up if I'm right), but I thought it was standard practice for the police to arrrest the shooter, self-defense or not, and let the DA, Grand Jury, and trial jury decide if it was justified. I think you guys are correct that the DA in this case probably should not have charged Mr. Spaulding at all, and I think it will be a waste of tax-payers money to convene a Grand Jury, but I won't fault the Sheriff here, unless he kept Mr. Spaulding's gun, which he may need to defend himself against these punks or their friends.

 

[GSB]

Some of the police on the board correct me if I'm wrong (or back me up if I'm right), but I thought it was standard practice for the police to arrrest the shooter, self-defense or not, and let the DA, Grand Jury, and trial jury decide if it was justified.

Not in Florida it isn't, and I have never read anything to indicate otherwise. You certainly CAN be arrested, and you should assume you will be and prepare accordingly, but there is no official or unofficial policy I have ever heard or read of in this state that would make that the norm in a situation like this.

 

[GSB]

Some more details of this:

Man jailed after gunshot stops fight
St. Petersburg Times

Melvin B. Spaulding, 71, saw three men beating up his 63-year- old friend in the street and decided to do something about it.

Spaulding held a .22-caliber pistol and warned the men once, twice, three times to stop. Then he fired, striking one in the right biceps.

Later Sunday night, Pinellas sheriff's deputies arrested Spaulding on a charge of attempted murder. He was being held without bail Monday at the Pinellas County Jail.

"He was trying to do the right thing, but it ended up being the wrong thing," said Pinellas sheriff's spokesman Tim Goodman.

The man he helped, George Lowe, sees Spaulding's actions differently.

"As far as I'm concerned, he's my hero. He's my friend, but he's also my hero."

Lowe said he and Spaulding have worked for years to clean up their corner of the Lealman area, keeping a watch out for drug dealers, burglars and gang members and alerting police to problems.

Now, Spaulding is behind bars, awaiting a decision from the Pinellas-Pasco State Attorney's office. The case will require careful study before prosecutors decide whether to file an attempted murder charge, said Bruce Bartlett, chief assistant state attorney.

The man who was shot, James T. Moore of Seminole, was treated and released from Bayfront Medical Center on Sunday night, his 20th birthday.

After leaving the hospital, he went to jail. Deputies arrested Moore on a battery charge, based on an unrelated incident earlier Sunday night.

Lowe, who sustained bruises, a sore back and a torn leg muscle, said the incident began shortly after 9 p.m. Sunday when he heard loud noises outside his home in the 4000 block of 40th Street N.

Outside, he said, he discovered a group of young men had been pounding on cars and shouting. He told them to stop it and move on.

One man swung at him, missing, but then kicked Lowe in the hip, knocking him to the asphalt. He said two other men began kicking him. A fourth was present but didn't fight, he said.

Lowe said he did not hear a gun go off. After the fighting stopped, "somebody said 'one of the guys was shot.' I said, 'What do you mean, shot?' "

Asked later why Spaulding would have fired his gun, Lowe said, "To save my ???, I guess. I know I would have done it for him."

Spaulding, who has no criminal record in Florida, acknowledged firing the handgun, according to sheriff's records.

The other two men involved in the altercation were James Curtis Ganoe III and Eric James Palm, both 18, from St. Petersburg, sheriff's officials said. Neither had been charged with any offense Monday. Goodman, of the Sheriff's Office, said an investigation was continuing.

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

Bartlett said people in certain circumstances can fire at aggressors to prevent them from killing someone or causing "great bodily harm" to a victim.

Bartlett was not familiar with the case. He said if his office's investigation confirms that three young men were attacking a 63- year-old man, it's possible a case could be made that the force was justified.

"On the other hand, if it wasn't a life-threatening or great bodily harm scenario, then the intervening party had no justification to use the force," Bartlett said.

George Tragos, a defense attorney, former prosecutor and current vice chairman of the Florida Bar's criminal rules committee, said a key point to consider is whether Spaulding used greater force against Moore than Moore was using against Lowe. You can't use deadly force to stop a simple fistfight, he said.

Earlier Sunday night, deputies had been looking for Moore in connection with a similar incident. A man in the 3300 block of 55th Avenue N said four young men were walking by making noise. He asked them to be quiet, and Moore allegedly said he had a .45-caliber handgun. The other man said he had a gun inside, and Moore allegedly hit him in the face with a plastic bottle, sheriff's officials said.

He was held in the Pinellas County Jail late Monday on $1,263 bail.

+++++++++++++

It would appear that knocking an elderly man to the pavement and gang-kicking him is a "simple fistfight" and that you don't arrest those involved in the "altercation" in this part of Florida.

 

[Ex-Doc]

News Link and video

Spaulding has a concealed weapons permit, but as part of his release he’s been told he cannot have a gun.

You can carry but you can't use it.

 

[Henry]

Perhaps if George Tragos, the criminal attorney quoted in the article, were the one kicked and beaten by a gang of thugs, he wouldn't consider this a "simple fistfight". Your perspective of these things changes when you are on the receiving end. In any event, I can't imagine that any jury would convict Mr. Melvin Spaulding of anything, other than perhaps poor target acquisition and use of too small a weapon.

 

[Bill St. Clair]

It's downright criminal of the "authorities" to forbid Mr. Spaulding from carrying a gun. Those punks are still on the street. They may well attempt to take some retribution out of his hide. He needs to be able to defend himself. If he gets hurt, as far as I'm concerned, whoever took away his gun rights is criminally liable.

 

[Aikibiker]

From the story linked by GSB

One man swung at him, missing, but then kicked Lowe in the hip, knocking him to the asphalt. He said two other men began kicking him. A fourth was present but didn't fight, he said.

Odd technique for a street punk. Sounds like he may have had some training in Tae Kwon Do or Muay Thai kickboxing. That would make the disparity of force even greater and Mr. Spaulding's use of a firearm even more defensible.

Given the history of the two gentlmen and the punks I think further attacks are a serious possibility. I sure hope Mr. Spaulding has another gun that the cops didn't find he may well need it.

 

[jimpeel]

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

Yeah. Three times 20 is sixty and he still had three years on them so they were at a distinct disadvantage.

 

[jimpeel]

"The use of a weapon to stop a confrontation is not the right way. He would have been better off calling 911."

If the perp is hitting you once every three seconds, and the cops take only three minutes to get there, you will be hit sixty times in that time period. I wonder if this guy would want to be hit sixty times by a twenty-year-old thug.

 

[jimpeel]

George Tragos, a defense attorney, former prosecutor and current vice chairman of the Florida Bar's criminal rules committee, said a key point to consider is whether Spaulding used greater force against Moore than Moore was using against Lowe. You can't use deadly force to stop a simple fistfight, he said.

Perhaps he missed the part of the story where it clearly stated

One man swung at him, missing, but then kicked Lowe in the hip, knocking him to the asphalt. He said two other men began kicking him.

Giving someone the boot in a "simple fist fight" will get you an ADW charge. Your shod foot is considered a deadly weapon.

 

[N3rday]

I think people think the cops are the answer to all violence.

When our 40 year old security system whacked out on us, the burglar alarm went off. 40 minutes later a cop arrived.

Lets say the perp, had there been one, didnt run. He killed me. Several times easily.
Hundreds of times if he had a gun.
Then an officer rings the doorbell, hands on his hips, looking away. Had there been a perp, BANG! there goes a cop. Didn't even see it coming. So now we have two dead people, and a perp with two guns. Great, just friggin perfect.

There's not alot to prevent anyone from just calling the cops and blasting one with a shotgun when they some to the door. People think cops are so elite, like they are counter terrorists or something. Cops are just people too, only with Glocks on their hips. Sometimes you just have to take responsibility for your own fate and not rely on others to do the work for you. Calling 911? What for? Will the four men just stand there while he pulls out a cell phone?

"yeah im at 219 main street, parking lot on the right side. yeah, I'm watching my friend get his head beat in by four overweight men. Yes, he's bleeding. I think he has a concussion too, might die if they beat on him any more. Yeah, they're wailin on him pretty bad, could you send the guys with the guns over here to help me out? I wouldn't want to shoot anybody, ya know."

Where has the common sense gone?

 

[Andrew Rothman]

From http://www.concealcarry.org/ :

Thursday, December 04, 2003
CITIZEN HERO MELVIN SPAULDING RELEASED FROM JAIL! GOOD WORK PINELLAS COUNTY SHERIFF!

Thanks for your comments, John.

Mr. Spaulding has been released from custody without posting bail on the request of the Sheriff's Office. The State Attorney will conduct an invesitgation and determine whether to prosecute or not prosecute and this will be done in the next week or so. The persons responsible for attacking Mr. Lowe have all been arrested and charged with battery.

Regards,

Steve Shipman, Lt.
Crimes Against Persons Division
Pinellas County Sheriff's Office

 

[Bob Locke]

The persons responsible for attacking Mr. Lowe have all been arrested and charged with battery.

Well, at least they finally got around to the REAL bad guys in this whole mess.

 

[GSB]

The persons responsible for attacking Mr. Lowe have all been arrested and charged with battery.

Good news, at least.

 

[Combat-wombat]

"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."

As I quote Hank Hill, "I don't know whether to laugh or vomit."

 

[Frank5]

2 18 yr olds & a 20 yr old pummeling a 63 yr old man is a simple fistfight??? What nonsense.

Did they expect Mr. Spaulding to assist his friend using hands & feet?? Has this DA ever heard the word disparity?? :banghead: This man is 71 yr old!!

I wonder if these three scumbags feel like tough guys after beating an old man?? If the system worked right,Mr. Spaulding would not have spent a minute in jail.

Fla has a lot of senior citizens. They should pull together & vote this DA out of office & end his political career. If I lived in that area I would help with the effort.

 

[standingbear]

I wonder how the 2 senior citizens are doing?the punks get battery charges?im sure theyll be released soon and after a week...resume their mayhem.too bad the punks didnt slip and smack their heads on the trip back.beating and abusing senior citizens is an all time low.

 

[Bill St. Clair]

The latest story I've seen about this case is here. Search for "Spaulding" on the St. Petersburg Times' search page to find others. One of the alleged attackers is, unsurprisingly, denying the attack.

From the linked story:

The Pinellas-Pasco State Attorney's office is reviewing the cases of Spaulding and the three alleged assailants, before deciding whether to file formal charges against them.

...

Although the arrest rattled him [Spaulding], he said he thinks he has a good public defender who will fight for him. He even had kind words for the deputies who arrested him, and those who dealt with him at the county jail. He said they were "100 percent, very, very nice."

Pinellas-Pasco Public Defender Bob Dillinger, meanwhile, said, "I would look forward to defending Mr. Spaulding because I think he did what needed to be done and what every citizen has a right to do, which is defend themselves or others."

He cautioned that "you can't just shoot at somebody because they're pushing you or something." But when someone is being seriously threatened and endangered, "that's a whole different ball game."

There are a number of letters to the editor here from Florida locals, all supporting Mr. Spaulding's actions.

 

[starfuryzeta]

Meanwhile, Pinellas sheriff's deputies have now charged three young men with misdemeanor battery in connection with the Sunday night confrontation that led to Spaulding's arrest.

Uh oh, I see a problem! The police only charged them with misdemeanor battery. Florida law is quite clear. It has to be a case of forcible felony, as I wrote earlier. The DA might just get him, if they play politics on the charges. That'd royally suck too!

 

[2dogs]

Travesty of Justice -- the Plight of Melvin Spaulding

by Nicki Fellenzer
[email protected]

December 7, 2003

"They wanted me to call 9-1-1, but there was no time to do anything but take action." -- Melvin Spaulding, St. Petersburg, FL

KeepAndBearArms.com -- Last Sunday night, Pinellas County Sheriff's Deputies arrested 71-year-old Melvin Spaulding. Mr. Spaulding's "crime"? He saved his 63-year-old friend and neighbor George Lowe from being beaten and kicked to death by a band of local street punks. According to news reports, Mr. Spaulding was arrested and held without bail. The Pinellas-Pasco State Attorney's office is in the process of investigating the case, and no decision has been made at the time of this publication whether or not Mr. Spaulding would be formally charged.

Charged with what? Attempted murder.

Yes, believe it or not. Mr. Spaulding's elderly friend was being kicked to the ground by three thugs, who, according to Mr. Spaulding, have a history of terrorizing his neighborhood with their violent antics. They beat and kicked Mr. Lowe for having the courage to tell them to stop hitting neighborhood cars and mailboxes. They beat and kicked Mr. Lowe, without mercy. And the only thing standing between the possible painful death of George Lowe was Melvin Spaulding and his pistol.

I spoke to Mr. Spaulding this afternoon by telephone. He graciously spoke with me for about twenty minutes, despite the fact that his telephone has not stopped ringing since the national media picked up his story. "This has me worried," he admitted. "I'm 71 years old. I have emphysema and heart problems. I did the right thing. My friend could have died if I had chosen to wait for the police."

As we spoke, I was more and more outraged that this gentle, kind man could, indeed, be charged with attempted murder. Mr. Spaulding is a military veteran. "I shoot all the time," he says. "I didn't want to kill him." He wanted to stop him. He did what he could to stop James Moore and his violent pals from killing Mr. Lowe. "I shot him in the arm. His arm was away from his body when I fired."

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

Melvin Spaulding had seconds to react. Not minutes or hours. Seconds. "There was no time to do anything but take action," he said. It sometimes takes police an hour to respond, and he didn't have that kind of time. So when Moore raised his fist, ready to inflict more pain on Mr. Lowe, Melvin Spaulding fired. And for this brave act, Mr. Spaulding could spend the rest of his life in prison.

There is a bright side. Mr. Spaulding says he's received hundreds of telephone calls of support. The national media, including Bill O'Reilly have picked up his cause, and local law enforcement officers have also been supportive.

But we can do more.

I asked Mr. Spaulding what we, as KeepAndBearArms.com members and readers could do to help him. Would contacting the State Attorney's office en masse and demanding that no charges be filed help? "That would be a good bit of help," he replied.

I believe that as Second Amendment supporters, gun owners and human beings we have a duty to help Mr. Spaulding. We have an obligation to do our best to ensure that the kind of travesty that has landed hundreds of our fellow Americans in prison for simply defending their lives and the lives of others instead of relying on the nanny state to protect them does not touch Melvin Spaulding. I believe we - as decent, law abiding human beings - must act now.

Please, for the sake of everything that is decent and for the sake of everything that is good and right, pick up the telephone or a pen and paper and write or call the Pinellas County, Florida State Attorney Bernie McCabe requesting that he not charge Melvin Spaulding with any crime. Leave Melvin Spaulding alone. Don't punish him. Don't waste taxpayer dollars prosecuting him for defending the life of someone who was outnumbered by street thugs, laying on the ground and being systematically, violently brutalized.

Your letters will reach Mr. McCabe's office within a few days, but your telephone calls will reach him quicker. Please show an outpouring of support for a man who had the courage to save another from three violent criminals. Please don't let him be tried and arrested for saving Mr. Lowe's life - for acting like a decent human being. Call and write the Pinellas County State Attorney right now.


Bernie McCabe, State Attorney
Sixth Judicial Circuit
PO Box 5028
Clearwater, FL 33758
(727) 464-6221

Use all resources possible to contact the Pinellas County Sheriff's Office and the Florida Attorney General's office on Mr. Spaulding's behalf as well.

Crime Prevention - Attorney's General's Office

Florida Attorney General's Civil Rights Contact Form

Pinellas County Sheriff's Department Website
10750 Ulmerton Road, Largo, FL 33778
(727) 582-6200

Crime Stoppers of Pinellas County
1-800-873-TIPS (8477)
Pinellas Crime Stoppers Coordinator:
Susan L. Fraley
[email protected]

Sheriff Everett Rice
(727) 582-6721
[email protected]

Sheriff's Advisory Board
(727) 582-6450
[email protected]


http://www.keepandbeararms.com/information/Item.asp?ID=3628

 

[GSB]

All I can say is, thank goodness for the Internet. I doubt this guy's story would have gotten the kind of attention mentioned above if it weren't publicized on sites like this one and FreeRepublic.

 

[GSB]

The police only charged them with misdemeanor battery.

So I guess it's open season on senior citizens in Florida. As long as you confine your predation to you and your "posse" knocking them to the pavement and kicking them repeatedly, you're only engaging in a misdemeanor.

The seniors of Pinellas County can sleep well tonight!