Bad: Sheriff Upset At Suspected Killer's Release

Bad: Sheriff Upset At Suspected Killer's Release

This is a discussion on Bad: Sheriff Upset At Suspected Killer's Release within the In the News: The Good, the Bad and the Ugly forums, part of the The Back Porch category; A man shoots a woman, a long time acquaintance of his (and a prostitute). She was hiding in his closet at the time. The shooter ...

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  1. #1
    Senior Member Array PaulJ's Avatar
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    Bad: Sheriff Upset At Suspected Killer's Release

    A man shoots a woman, a long time acquaintance of his (and a prostitute). She was hiding in his closet at the time. The shooter gets arrested on murder charges, but the DA later drops the charges.

    Sheriff Upset At Suspected Killer's Release - Jacksonville News Story - WJXT Jacksonville

    The case is odd to say the least. I am not sure if it could be used in other cases to expand what you can do in self defense while in your own home.


  2. #2
    VIP Member Array dukalmighty's Avatar
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    I'm kinda confused here,I see the sheriffs side,as far as the deceased nobody will ever hear her side of what happened and the fact the shooter had invited her in his home on several occassions,I would have to question self defense as there is no mention of her having a weapon of any kind and it is only the homeowners account claiming she was hiding in his house,if she was running around the house while he continued to shoot her,then at that point self defense goes out the window.There are just so many possibilitys and scenarios but to get a conviction you have to have proof and under castle doctrine laws if somebody is illegaly in you're home you can use deadly force to stop the threat.these types of shootings can cast a bad light on the castle laws,In Texas there is a provision stating you cannot dare somebody to do something and if they show up to confront you and you shoot them they will charge you
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    Member Array Naturalstate's Avatar
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    Lack of Evidence

    I am surprised the charge of "Manslaughter" did not come into play.

    There is some important facts here we do not have access to. Like a screwed up crime scene.. , Miranda, and its on the table that bad blood exits between the States Attorney and Sheriff.

  4. #4
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    Something is really wrong here.
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    Distinguished Member Array kazzaerexys's Avatar
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    Quote Originally Posted by dukalmighty View Post
    There are just so many possibilitys and scenarios but to get a conviction you have to have proof and under castle doctrine laws if somebody is illegaly in you're home you can use deadly force to stop the threat
    As far as I understand it, that is not quite the case. The Castle Doctrine gives you the presumption that the person in your house poses a lethal threat (i.e., you don't have to wait for the burglar to point a gun at you before you shoot him; the fact that he is a burglar established the self-defense criteria).

    On the other hand, a prosecutor could try to make a case against you based on proving that the intruder you shot clearly did not pose a lethal threat. An example I have used elsewhere is that if a bum breaks into your garage to sleep somewhere warm, the Castle Doctrine is not going to let you gun him down in his sleep. The prosecutor will be able to show that you acted incorrectly.

    This is still a borderline case. It seems the DA could have tried to prove that the woman was no lethal threat, if she had run away and hid and was apparently unarmed.
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  6. #6
    Senior Member Array PaulJ's Avatar
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    There should still be some reasonable restraint in the use of force. If a person I know is in my house, and overstayed its welcome, but doesn't pose a threat at that point, I should not be using lethal force. I am not a lawyer and don't understand the castle doctrine well enough to see if this "restraint" is asked for, but a case like this is easily turned into an argument against the castle doctrine by people that equate it with "shoot at will at anything that moves".

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    VIP Member Array raevan's Avatar
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    If a person is in your house and you want them out, the Police can be called to remove them. But then if you have something to hide and you don't want the Police to find it while searching for the person........

  8. #8
    VIP Member Array dukalmighty's Avatar
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    In Texas if somebody breaks in you're house for whatever reason he is putting his life in you're hands,other states castle doctrine laws are different,What I was pointing out in this case is he knew the victim,nowhere did I hear where he felt threatened and then apparently fired at her while it would seem she was trying to flee,this might be a huge jump but what if he called her over to "visit"didn't have any money or didn't pay her for the visit and she was gonna yell the R word and he kills her to cover up his crime and then makes up a story about her hiding in his closet
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    Senior Member Array dcb188's Avatar
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    That was not self defense. It says that the prosecutor dropped the charges because several police reports were changed by deputies. Probably did not want to lose at trial and go to all that expense. But the guy they arrested had zero legal justification for his actions. Absolutely no self defense, she is not in his house illegally to begin with. Once he wants her out, he tells her and if she does not leave then she is trespassing, call police , they will get her out of there or arrest her. So in essence he killed her for trespassing. Prosecutor not wanting to get his hands dirty at trial, pretty bad move too.
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  10. #10
    Senior Member Array dcb188's Avatar
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    The FIVE shots does not bode well for the shooter, either.
    Surrounded and outnumbered, Marine Col Lewis Puller: "Good! We finally got 'em where we want 'em!" (Korea, 1950)
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  11. #11
    Senior Member Array PaulJ's Avatar
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    It seems that in this part of Florida, prosecutors and police have a strained relationship. I hear about it in Jacksonville (Duval County) as well. Police claim that they have a hard time getting the prosecutor to actually prosecute cases they bring him, and the state attorney is claiming that its due to bad police work or just not enough time.

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    VIP Member Array hogdaddy's Avatar
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    Like Was Stated Before Inconsitice In Police Report & Ellection Year

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