(FL) Shooting justified, sheriff's office says

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Drizzt

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Shooting justified, sheriff's office says

By PETER GUINTA
[email protected]

The St. Johns County man who shot and wounded one of three intruders at his Cypress Spring Court home last week won't face any criminal penalties, deputies said Monday.

Sgt. Chuck Mulligan of the St. Johns County Sheriff's Office said detectives see the incident as a justifiable shooting.

"The man acted to protect his family," Mulligan said. "There's nothing moving forward as far as prosecuting this individual."

The shooter, whose name has not been released by the St. Johns County Sheriff's Office, fired at Jonathon M. DeMartino, 24, Jesse E. Demers, 19, and Lee Anthony Martino, 20, all of Palm Coast, when the three men burst into the home Thursday evening.

Two intruders carried baseball bats. One carried a gun.

They yelled out something about turning over the drugs, he said.

But, Mulligan said, they did not know there would be so many people in the house. The man's children and their families were visiting, and the intruders ordered them all to get on the floor.

The homeowner, however, was in another room and armed himself. He came out and shot the intruder holding the handgun. All three men fled, but DeMartino collapsed by the road.

The other two drove away but were stopped by deputies soon after and arrested.

They remain in jail under a $5 million bond each, charged with home invasion robbery and kidnapping.

DeMartino remained in critical condition in Shands as of Friday. The hospital would not release any further condition information on him Monday.

Mulligan said the three men had come to the home because someone told them prescription medications were in the house.

"The man who lives there owns those medications legally," Mulligan said. "The family was having a pleasant evening watching TV together when the men came through the door. When you're in your house and someone breaks in, you don't know what those people are going to do."

http://staugustine.com/stories/110805/new_3440805.shtml
 
+ 1 to Janitor, They needed to be shot, 3 less home invaders and 3 less druggies. To bad he didn't get kill them all. That would of been a happy ending.:D
 
if he were in the same room as his family when the intruders barged in, should he have run to the next room where his armaments were, or stay with the family?
 
Good question.

Stay and defend would be the right answer. He should have been armed before the druggies even showed up.

He got lucky. He didn't have to figure out the answer to your question as he was already away from his family, and where he could arm himself.

-
 
Good shoot. I dunno, did I miss something or did he only shoot the guy once? I would have unloaded had he come into my home. Of course, I might be in jail for a bit after that until it all got sorted out.
 
I might be in jail for a bit after that until it all got sorted out.
If it happened the same way as in the article, and you shot to slide open - then no. You proabbly would NOT be in jail for a bit. It would sort out the same way the shoot in the story did. At least as long as you didn't blow somebody else away by accident while shooting till lock.
 
If it happened the same way as in the article, and you shot to slide open - then no. You proabbly would NOT be in jail for a bit. It would sort out the same way the shoot in the story did. At least as long as you didn't blow somebody else away by accident while shooting till lock.


I would think it would depend on the state and the political climate there at the time. ;)
 
NineseveN said:
Good shoot. I dunno, did I miss something or did he only shoot the guy once? I would have unloaded had he come into my home. Of course, I might be in jail for a bit after that until it all got sorted out.
Shooting one assailant to slidelock when there are three in front of you might be an instinctive reaction, but probably not a great idea.
 
Im not sure I would shoot 17 rounds (slidelock) at one person...


The question is, if someone breaks into your house with a gun, and you shoot them 3 times, they go down, then you shoot them in the head to finish them off, is that wrong? Assuming you are still across the room and want to be on the safe side if they decide to stay alive with a gun :(
 
dxkj21 said:
Im not sure I would shoot 17 rounds (slidelock) at one person...


The question is, if someone breaks into your house with a gun, and you shoot them 3 times, they go down, then you shoot them in the head to finish them off, is that wrong? Assuming you are still across the room and want to be on the safe side if they decide to stay alive with a gun :(

Is it wrong? Well, was the threat already stopped? If you shot them in the head after they were down, I suspect you would have many sleepless nights in your future unless you have no soul. If you, in the course of stopping the threat, happen to make a nice head shot, then good on you!
 
Shooting one assailant to slidelock when there are three in front of you might be an instinctive reaction, but probably not a great idea.

I have back-up guns and mags. Besides, I carry a .45, I only get 9 rounds including the one in the pipe. Not the same as 17 rounds of 9mm.
 
The question is, if someone breaks into your house with a gun, and you shoot them 3 times, they go down, then you shoot them in the head to finish them off, is that wrong? Assuming you are still across the room and want to be on the safe side if they decide to stay alive with a gun

You will likely go to jail, unless you claim some form of extreme duress or shock-induced reaction...even then it's only a maybe.
 
In Florida, as long as you can justify feeling threatened, shoot until the threat is gone. If the attacker is on the ground, but still in possession of the handgun, and still able to shoot, he's still a threat.

You're also justified in shooting the batsmen, up to the point when they no longer are a threat (they've turn and run). Basically, you can use deadly force to protect yourself, and to protect others, when threatened with harm. Period.

'Course, Florida is also known as "Shyster Capital of the Universe." Be prepared for the lawsuits to come.
 
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