Florida's castle doctrine in action

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Dave P

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If I recall, she was trying to break down his door when he fired.

zzzzzzzzzzzzzzz

Heizmann found not guilty

Barefoot Bay man was accused of 2nd-degree murder

BY KEYONNA SUMMERS
FLORIDA TODAY
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VIERA - A Barefoot Bay man was acquitted of second-degree murder Wednesday in the 2005 shooting death of his live-in girlfriend.

A jury deliberated an hour and a half before returning a not guilty verdict for Brian Heizmann, 35. He faced up to life in prison if convicted.

Heizmann declined comment but appeared visibly pleased as he hugged crying family members.

He was accused of shooting 23-year-old Mandy Jo Douglas in the chest through the door of their mobile home as she attempted to retrieve her belongings Feb. 24, 2005. The couple had argued intensely that day about her going out with friends, according to some friends' testimony.

Heizmann said Douglas' friends had threatened to kill him after they became involved in the argument, and he thought they were breaking in when he fired his weapon.

"Mr. Heizmann from day one has said. . . he didn't know Mandy was there at the door," Heizmann's lawyer, Kepler Funk, said after the verdict. "In the state of Florida, a man or woman's home is his or her castle, and when the jury heard what the law is, the only verdict is 'not guilty.' "

He was referring to the state's so-called "castle doctrine," which says citizens may use arms to protect themselves against an invasion of personal space.

zzzzzzzzzzzzz
 
Wait...let me see if I get this straight...

Did he just blindly fire his weapon through the door not knowing who was out there (based on a previous threat that had since ceased)?

-Robert
 
With his luck he should be buying lottery tickets!

Shooting blindly through a door? I’m glad I’m not his neighbor.
 
Heizmann said Douglas' friends had threatened to kill him after they became involved in the argument, and he thought they were breaking in when he fired his weapon.

"Mr. Heizmann from day one has said. . . he didn't know Mandy was there at the door,"

Cannibal,

You'll note that not even the lawyer says "he felt threatened." The lawyer states, "he didn't know MANDY was at the door."

If I'm a juror that leads me to conclude that he did not know who was at the door...period. Therefore I say the castle doctorine defense goes out the window.

Shooting bullets blindly through the door NOT KNOWING who is on the other side?

What if it was the mailman?
Or UPS? FedEx?
What if they came to the door to try and resolve the situation?

Whether or not the Castle Doctorine applies here is questionable at best. REGARDLESS - from the limited information posted about the case - I think it can be a representation of what NOT to do.

BESIDES -- He violated the most basic rules of firearm safety --
*Knowing your target
*Knowing what is beyond your target.

-Robert
 
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as she attempted to retrieve her belongings Feb. 24, 2005
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Douglas' friends had threatened to kill him after they became involved in the argument, and he thought they were breaking in when he fired his weapon.
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It's kinda vague. What made him think it was them? Was she pounding on the door? Or was she trying to kick it open? I wouldn't shoot through a door unless I thought whoever it was was going to get through it. And even then I am still skeptical, but the jury did have the benefit of having all the info we don't have.
 
Since when is it SOP to break into someone's home to deliver a package?
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The article makes no mention of what was being done to the door. Was she knocking on, pounding on, or kicking in the door? That's a rather key piece of info we don't have. What exactly was she doing that made him think that someone was breaking in? We can assume that she was trying to break the door down but it would be an assumption from what is in this article. My assumption is that the jury knew in arriving at their verdict.
 
Other article said:
In the taped statement, Heizmann told investigators he had been watching television and drank about four or five beers when he heard banging on the doors and windows.

Thinking Douglas’ friends were coming to make good on a threat to kill him, Heizmann said he panicked, loaded a .22-caliber rifle and shot blindly through the door when he saw a hand reaching through the window on the front door.

http://www.floridatoday.com/apps/pbcs.dll/article?AID=/20070501/BREAKINGNEWS/70501012/1086
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He had also called 911; but I haven't seen a transcript or recording of the call (they played it during the trial though).
 
Sounds to me like it went something like this:

she said "I'm going out with these guys" and he said "if you go out with those guys you better find a new place to stay" and she said "maybe I will" and her friend said "she can stay with me, you'd better shut your face before I shut it" and then later they came back for her stuff and he said "not by the hairs on my chinny chin chin" so she and her friend decide to kick in the door instead of calling the cops to retrieve her property.

Pure speculation, but I doubt it's far off the mark. So remember boys and girls when you get kicked out to go back with the police so they can get shot through the door!
 
:eek: Wait just a minute here. All of the members who post here about how great the castle doctrine law is say things like you can't be charged, the police have to buy you a cup of coffee, pat you on the back for a good shoot and put you in for a good citizenship award.

How did he end up in court for second degree murder????

Could it be that us naysayers were right and the police would examine a defensive shooting and if it didn't look right you could still be charged??

Naww...it's so much more fun to tell everyone on the internet what a man you were defending your home and that there is no need to worry about little things like the law. After all the Brady people were right, the legislature gave you your license to kill...signed off on your 00 ticket.....

Jeff
 
Thinking Douglas’ friends were coming to make good on a threat to kill him, Heizmann said he panicked, loaded a .22-caliber rifle and shot blindly through the door when he saw a hand reaching through the window on the front door.
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That right there is the clencher on make-my- day type laws. Similar incident occurred here in CO a few years back. Basically, neighbors were fueding. Neighbor A was threatening Neighbor B's wife at front door. When she refused to open it, he broke the glass and reached through for the lock. Her husband shot him through the door. No crime.

I don't know about every state, but here in CO the resident has no obligation to retreat, and the law applies once the offender breeches the threshold of your home (this does not include a garage, attached or not). Once they are inside, whether wholly or partially, you may use deadly force if you feel that the intruder might use any amount of physical force against any occupant.

While I disagree with shooting through a door, he likely didn't have the mindset or training that many of us do. Most of us would be shouting commands to cease from behind the door with a firearm leveled in condition one, just in case.

OTOH, if someone made a threat on my life earlier in the day and then someone was trying to smash down my door that evening, I would likely not wait much longer than he did. Soon as that door gave way, face-full-o-buckshot.
 
MachIVshooter: OTOH, if someone made a threat on my life earlier in the day and then someone was trying to smash down my door that evening, I would likely not wait much longer than he did. Soon as that door gave way, face-full-o-buckshot.
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You have just summed up my feelings. At that point you would have a recognizable target. My only problem with the whole thing was blindly shooting through the door. Even if there was a hand coming inside the door he still couldn’t have known who or what was on the other side. What if a neighbor heard the commotion, came outside to see what was happening, and happened to be in the line of fire? I have a real problem with someone shooting at an unknown target.
 
You know what would be really awesome? If we changed our justice system so that trials were done by juries of Internet users and the only evidence is a newspaper-length article. That would be fun. ;)
 
You have a very good point, Tim James.

I think there is more to this story than what's in the article. How do we know that the deceased chick didn't start beating and banging on the door, like someone was going to come in there and kill the guy? Still, a questionable shoot but a little more leeway.
 
You know what would be really awesome? If we changed our justice system so that trials were done by juries of Internet users and the only evidence is a newspaper-length article. That would be fun.
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Since this case has already been decided by a jury in favor of the homeowner, luckily we don't have to worry about it. Now, we can kick back with our lemonade and speculate as to what happened.
 
Now, we can kick back with our lemonade and speculate as to what happened.
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Hell yeah, and don't let me stop you. I was just reading responses and that popped into my head. :)
 
what if it was a neighbor trying to tell him his roof was on fire? That was stupid and i cant beleive he got away with it...was his last name Simpson?
 
Jeff
How did he end up in court for second degree murder????
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We have a had a thread or two on that already. Apparently the legislature didn’t specify HOW the immunity would be established. IIRC, in one case the trial judge was using pre-trial hearings to decide. In this case, apparently the judge thought it was a jury's decision.

Elza
What if a neighbor heard the commotion, came outside to see what was happening, and happened to be in the line of fire?
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Wouldn’t the same danger apply, no matter WHEN you shoot?
 
BESIDES -- He violated the most basic rules of firearm safety --
*Knowing your target
*Knowing what is beyond your target.
Click to expand...

Since we are armchairing it, I beg to differ. His target was the door at person height and behind his target was a person reaching in to open his door without his consent. Perfect application of target and backstop. It is just not in the order you are used to seeing.
 
I dont think it was a smart choice to shoot blindly. You never know who could be trying to get your attention and why. I find it hard to beleive that this guy heard someone banging on his door and just shot through the door without looking to see who it was or without having an immediate threat or fear for his life.
Someone banging on your door does not put your life at danger. Someone banging on your door with a gun in their hand does justify defending yourself.

God forbid that the people banging on the door where firemen, or neighbors or police officer trying to get his attention for whatever reason.

If you think it was justified, change the person on the other side of the door and then justify it. Put a fireman on the other side of the door banging away trying to get it in to save this guy from a burning house. Was it justified then?
:confused:
 
TonyStarks said:
I dont think it was a smart choice to shoot blindly. You never know who could be trying to get your attention and why. I find it hard to beleive that this guy heard someone banging on his door and just shot through the door without looking to see who it was or without having an immediate threat or fear for his life.
Someone banging on your door does not put your life at danger.
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Please scroll up and read posts 10 & 15. The attacker was not just banging on the door.
 
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