Elderly St. Petersburg man arrested for firing gun at assailants

[Steel]

Time for us to get off our lazy a--es and to marshal our collective resources and call and/or email the SO and SA

 

[jimpeel]

My e-mail to the above e-dresses

It was said that Mr. Spaulding should have called 9-1-1. Even if the police response was three minutes, and the guys were kicking George Lowe once every three seconds, he would have been kicked SIXTY TIMES by the time the police showed up.

I'm a healthy fifty-six-year-old man but I don't think I would survive being booted sixty times with a shod foot which, by the way, is considered an ADW in most states.

Mr. Spaulding did the right thing under the circumstances and stopped an ADW, not a "simple fist-fight".

Sincerely,

Jim Peel
Kimball, NE

 

[Master Blaster]

Sheriff Everett Rice

Sherriff
That means he's elected.

When's he up for replacement.

I hope folks remember what he thinks of the rights of senior citizens vs the rights of violent street punks.

 

[ksnecktieman]

I sent this to,,,,, [email protected] ; [email protected] ; [email protected] That is sherriff, and sherriffs office public relations, and local crimestoppers, I think, also to the attorney general.

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.

I hope if I am ever in this mans place that I can act as well as he has. I think he should be given a commendation as an upstanding citizen for saving his friends life.

 

[P95Carry]

ksnecktieman ..... I have written .... not concise and succinct like yours ... somewhat the opposite! But I felt the need to express my own 2Centsworth. I can only hope some of our views are at least read and considered.

Sirs,

I have been following this case with both interest and more than a little dismay. Trying also to make allowances for possibly inaccurate reporting also.

I am like many though apalled at the comment allegedly made by the Sheriff's Office spokeman .....

<quote>"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." <quote>

I would ask anyone to consider, carefully, the consequences of allowing a sustained beating to a victim to continue. Imagine if you will that one blow is being dealt every few seconds ... any or all of which could be both disabling or, more important - life threatening.

Let us now imagine further, the bystander, Mr Spaulding. He has to use his phone and dial 911?? He is then of course going to do this with no let or hindrance from the perpetrators?? I rather doubt that. If even then we assume he has made the call - just how long must he watch this beating .... which at any moment could become a homicide??

He acted in my opinion with the only option he had available, to endevor to terminate this beating at the soonest opportunity, and that meant using his firearm to counteract deadly force. Would a 71 year old man have any other options? I doubt it. Other than of course waiting for ''help'' whilst watching Mr Lowe be systematically potentially KILLED.

This event has sparked a great deal of amazement, due to the arrest and being held on bail.

I believe the following state statutes cover aspects quite clearly, even though I am in no way legally qualified ..............

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
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.

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

In conclusion, I would ask that anyone intent on criticizing Mr Spaulding, place themselves in the exact same situation and then decide if he was wrong or not.

I am yours sincerely

Chris xxxxxx (PA)

 

[Bill St. Clair]

Melvin Spaulding will not be formally charged with any crime. Don't know how much our calls and letters influenced the state attorney, but they probably had some effect.

St. Peterburg Times
Shooter, 71, won't face charges at all:[SOUTH PINELLAS Edition]
CURTIS KRUEGER. St. Petersburg Times. St. Petersburg, Fla.: Dec 17, 2003. pg. 1.B

Full Text (555 words)

Copyright Times Publishing Co. Dec 17, 2003


Prosecutors will not file an attempted murder charge against Melvin Spaulding, the 71-year-old man who shot a 20-year-old for allegedly attacking his friend in the street.

"That's good," Spaulding said after hearing the news Tuesday, as he smoked a Dutch Masters cigar in his mobile home.

Pinellas-Pasco Chief Assistant State Attorney Bruce Bartlett said evidence showed Spaulding was trying to prevent his friend George Lowe, 63, from being killed or suffering "serious bodily harm" as others attacked him.

The law allows people to intervene in such cases to protect others from harm, Bartlett said.

Spaulding said he fired his .22-caliber handgun Nov. 30 because three young men were attacking Lowe and he was afraid his neighbor was in serious danger. The bullet hit one of the men, James T. Moore, 20, in the arm.

Lowe said the episode began when he heard noise outside his home on 40th Street N in the Lealman area and went outside to investigate. He said he asked the men not to be so loud, which turned into an argument. Then the others began kicking him in the legs and back, he said.

After Spaulding fired his gun, sheriff's deputies arrived and arrested him on an attempted murder charge. Later, the other three men were charged with misdemeanor battery.

But two of the alleged attackers dispute the description of the events by Lowe and Spaulding. They acknowledge having words with Lowe, but they say no one hit or kicked anyone before Spaulding fired.

Eric Palm, 18, said Lowe grabbed at his FUBU jersey, so he shoved his face to push him away. Palm said he then swung at Lowe and missed, and that's when the shot went off.

Moore denies kicking or hitting Lowe. He said he wants people to know "that I'm not a damn old-person beater."

"I'm a nice person, you know? I get along with everybody. When people get drunk, of course they're going to get loud 'cause that's what people do, but I don't go around fighting people just for no reason."

Moore and his friends had been celebrating his 20th birthday that night.

Asked about the sheriff's deputies' decision to arrest Spaulding, Pinellas-Pasco Public Defender Bob Dillinger said, "I think particularly in ones of this nature, they may want to call the State Attorney's Office before they make an arrest."

Pinellas sheriff's spokesman Tim Goodman said there was nothing improper with the arrest, even though the prosecutors have decided against filing charges.

Bartlett said the State Attorney's Office was likely to file misdemeanor battery charges against the three men: Moore, Palm and James Curtis Ganoe, 18. Those three also were arrested by deputies.

Lowe said he was pleased with the decision not to file charges against Spaulding for coming to his aid.

"I think that's excellent," Lowe said. "I think that's the greatest thing they could have done."

Spaulding said he was relieved by the state attorney's decision. While deputies were polite, he said, he did not enjoy his first trip to jail.

What if he hears a noise outside his trailer again and faces the same situation?

"I just couldn't let them kill somebody," Spaulding said. "I couldn't do it . . . what they did was wrong."

[Illustration]
Caption: Melvin Spaulding, (ran CITY & STATE, METRO & STATE); Melvin Spaulding, (ran TAMPA & STATE); Photo: PHOTO, (2)

 

[ksnecktieman]

I particularly like this statement,

"Asked about the sheriff's deputies' decision to arrest Spaulding, Pinellas-Pasco Public Defender Bob Dillinger said, "I think particularly in ones of this nature, they may want to call the State Attorney's Office before they make an arrest."

The thugs are being charged, so justice is being done.

I am sorry that the shooter is no doubt out some cash for bond and for a lawyer, I would expect he may have paid a retainer .

 

[P95Carry]

VERY glad to hear this indeed. maybe the time I took to write and those others who wrote could just have helped.

evidence showed Spaulding was trying to prevent his friend George Lowe, 63, from being killed or suffering "serious bodily harm" as others attacked him.

On the facts as we had them originally .... this was TOTALLY OBVIOUS ..... didn't need any ''deliberations''.

Oh well ... I am pleased for Spaulding... and his buddy George too come to that!

 

[Bruce H]

Tim Goodman needs strapped to a very large gator and turned loose. Maybe even clost to a phone booth. 911 indeed.

 

[Fred Thompson]

"I'm a nice person, you know? I get along with everybody. When people get drunk, of course they're going to get loud 'cause that's what people do, but I don't go around fighting people just for no reason."

Moore and his friends had been celebrating his 20th birthday that night.

Unless something has changed recently, the legal drinking age here in Fla. is STILL 21...

Amazing how the wrong people can be sent to jail.