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  1. #1
    .22 Special Black Ops BangBang's Avatar
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    Question Legal shoot or murder

    This is an interesting case for sure.... he shot the suspect in the back running away, killing him, claiming self defense. Or was it simply murder?

    What say y'all?

    Please share your reaction to this and while your at it would you as a juror find the homeowner guilty?

    Don

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  2. #2
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    Since the info in the article is all I have to go on, I would say Murder, and I would vote Guilty. Unless there is some more evidence presented at trial, I could vote no other way. JMNSHO
    This is not a Bakery. I do not sugar coat anything.
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  3. #3
    Supporting Member rzach's Avatar
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    when the bad guy left the house he should have stop shooting,Murder it is
    Governments are ravenous for revenue to fund the promises that purchase votes.

  4. #4
    Moderator Rangedog's Avatar
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    I would vote murder......the money wasn't found on the "burglar", but regardless he was no long on the property and was running away with his back turned.......unless more information is presented, like he was shooting back over his shoulder with the gun they found......the shooter needs at least heavy jail time.
    Bob
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  5. #5
    Senior Member brownie's Avatar
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    Doyon says the man took his wallet and $100 cash.
    A search of the shooting victim revealed a cell phone in his hand and a gun on the ground nearby, but no sign of the cash or wallet.

    Liar liar, pants on fire. Go directly to jail, do not collect 200.00
    The mind is the limiting factor !!!!

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  7. #6
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    Ouch, looks like an anger shooting to me, definitely a micro-aggression in today's society.

    When the threat is gone, you best not shoot. He is going to pay the price.

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  9. #7
    .22 Special Black Ops BangBang's Avatar
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    This is an interesting case and as such it presents a learning experience. Most people in Florida think that the only time you are legally allowed to use deadly force is to prevent death or serious injury. Not so... doesn't matter if the bad guy is shot in the front or back, doesn't matter if he is running away, and it is not even a matter of when he was no longer a threat. The reason that the man is charged is simply because the police could not find the items stolen on the suspects body. Citizens of Florida are allowed use of deadly force for reasons other than personal defense. The Florida Statues read as follows...

    Title XLVI
    CRIMES
    Chapter 776
    JUSTIFIABLE USE OF FORCE
    View Entire Chapter
    776.012 Use or threatened use of force in defense of person.—(1) A person is justified in using or threatening to use force, except deadly force, against another when and to the extent that the person reasonably believes that such conduct is necessary to defend himself or herself or another against the other’s imminent use of unlawful force. A person who uses or threatens to use force in accordance with this subsection does not have a duty to retreat before using or threatening to use such force.
    (2) A person is justified in using or threatening to use deadly force if he or she reasonably believes that using or threatening to use such force is necessary to prevent imminent death or great bodily harm to himself or herself or another or to prevent the imminent commission of a forcible felony. A person who uses or threatens to use deadly force in accordance with this subsection does not have a duty to retreat and has the right to stand his or her ground if the person using or threatening to use the deadly force is not engaged in a criminal activity and is in a place where he or she has a right to be.
    History.—s. 13, ch. 74-383; s. 1188, ch. 97-102; s. 2, ch. 2005-27; s. 3, ch. 2014-195.


    The next question we must ask is what is a "Forcible Felony". Once again, here is the Florida Statue which defines a "Forcible Felony"...

    Title XLVI
    CRIMES
    Chapter 776
    JUSTIFIABLE USE OF FORCE
    View Entire Chapter
    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.
    History.—s. 13, ch. 74-383; s. 4, ch. 75-298; s. 289, ch. 79-400; s. 5, ch. 93-212; s. 10, ch. 95-195.


    Regardless of if the suspect is fleeing, running away, or any other reason the victim shooting him is to "prevent the imminent commission of a forcible felony".

    If the suspect had been found with the stolen wallet and $100 on his person the victim was legally attempting to stop the commission of a forcible felony. The original report posted by the OP states

    "Detectives due to the fact the victim was running away from Doyon, and the lack of evidence of a theft, Doyon was arrested and charged with 2nd Degree Murder."

    In this case the home owner did not know the Florida Statues.... he claimed self defense instead of preventing a Forcible Felony. I am pretty sure that when/if this goes to court his lawyer will change his testimony.

    If you remember the case a few months back of the woman here in Florida who found a thief climbing out a window in her home and she shot him dead even though he was running away. She was not charged because the thief had committed a forcible felony (home invasion robbery/burglary) and officers found the stolen property on the thief's body.

    If you look out your window and see someone stealing your car or hear a noise at night, go outside, and catch someone stealing something from your garage, as long as there is proof something was stolen deadly force is legal.

    Some may think this is the wrong way to do things but it is Florida's Law and it works for me...

    Don












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    I collect Rimfire Firearms (.17 HMR, 5 mm Magnum, 5 mm Craig , 6 mm Flobert, .22 LR, and .22 Magnum), especially Mossberg's. I look for old, different, unique, or rare rifles and handguns in any rimfire caliber as well as parts. If you have anything in this category you want to sell or trade please e-mail me at fatboyflorida@gmail.com or PM me here on the forum.

  10. #8
    Moderator Rick McC.'s Avatar
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    Interesting.

    Personally, I don't believe that I'd shoot someone running away after stealing something, unless they'd also seriously injured myself or someone else in the process. Now, if they were acting in a threatening manner to me or others while doing so; that would require me to act.
    "Sights are for the unenlightened."

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  12. #9
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    His whole story sounds a little fishy! He'll probably get away with it! I don't think I would want to live with shooting someone in the back but with the adrenaline flowing anything could happen.

  13. #10
    Moderator Rangedog's Avatar
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    ^^^^^ What these guys said.....I couldn't shoot someone in the back....only if myself or loved one was about to be attacked.....th $100 just isn't worth it and if some cop did decide to play it safe and charge you anyway the lawyer fee would be in the thousands!!!!
    Bob
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