FL test case first

FL test case first

This is a discussion on FL test case first within the In the News: The Good, the Bad and the Ugly forums, part of the The Back Porch category; Not sure this is quite the best example as a first case - because I found myself thinking ''hmmmm..............''. What think you? I can imagine ...

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Thread: FL test case first

  1. #1
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    FL test case first

    Not sure this is quite the best example as a first case - because I found myself thinking ''hmmmm..............''. What think you? I can imagine some high mileage being drawn from this by ''you-know-who''.

    http://www.weartv.com/news/Stories/J...defender.shtml

    Man Who Shot Neighbor Won't be Charged


    The State is not filing charges against a man who claims he shot his neighbor in self defense.
    The case is the first test of Florida's new "stand your ground" law.
    As Channel Three's Mollye Barrows explains, the victim's family believes the law is shielding a murderer.

    The State Attorney's Office released this report today, listing the findings into the shooting that killed Rick Piovesan, last October.
    The man who shot him will not face criminal charges, under the protection of Florida's new law.
    The 44-year-old man died after he was shot once in the chest and three times in the back.
    The shooter, is 57-year-old Robert Peaden, Piovesan's neighbor and his sister's boyfriend.
    The two had argued over some wood that belonged to Piovesan and Peaden claimed Piovesan threatend him.
    The night he died, Peaden says Pioevesan tried to barge into Peaden's trailer demanding repayment and refused to leave.
    Peaden told investigators he feared for his life and he grabbed a nearby pistol and shot him, even as he ran away.
    The state says since there are no witnesses to refute Peaden's version of events, the law requires prosecutors to believe him.
    Piovesan's family isn't buying it.
    They say he gave a different story to his girlfriend, Piovesan's sister.
    "She asked him, as she was moving out, why he shot my brother," Bob Piovesan, Rick's brother explains. "And he said, 'he didn't know, the gun was just there.' And for them not to charge him for this is ridiculous."
    Peaden also claimed Piovesan was a "bully" and was afraid of him because of his history with drugs.
    The state says none of his arrests in the past had anything to do with violence.



    Copyright 2005 WEAR-TV
    Chris - P95
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    "To own a gun and assume that you are armed
    is like owning a piano and assuming that you are a musician!."


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  2. #2
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    I don't know. I'm real uneasy about the three shots in the back. To me this sounds like a little more than self defense.

    Chris, you are right, the "anti's" are going to have a field day with this one.
    Rick

    EOD - Initial success or total failure

  3. #3
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    I am assuming here.....I know.. I know.

    About 9-10 years ago there was a case in Miami where the owner of a car parts shop was tried 3 times for shooting a junkie who broke into his store. He emptied a hi cap 9mm on the BG and it was like 3 shots front and the rest on his back. The first 2 trials went hung and the third one found the defendant not guilty. So I am assuming that already having a case in jurisprudence in which numerous shots to the back were not considered detrimental to the defendant's case, this DA decided not to prosecute.

    Also, we lack a lot of information regarding property lines (was the alleged attacker in the shooter's property?) Maybe the DA wants to make a political case in the Media about the New Castle Doctrine Law.
    You have to make the shot when fire is smoking, people are screaming, dogs are barking, kids are crying and sirens are coming.
    Randy Cain.

    Ego will kill you. Leave it at home.
    Signed: Me!

  4. #4
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    The neighbor and boyfriend aspect is what gives me some problems - being overtly cynical - one cannot but help think of the ''convenience'' of a situation, when there is perhaps bad blood running.

    It sure is not the ''clean/good shoot'' we might all applaud unreservedly.
    Chris - P95
    NRA Certified Instructor & NRA Life Member.

    "To own a gun and assume that you are armed
    is like owning a piano and assuming that you are a musician!."


    http://www.rkba-2a.com/ - a portal for 2A links, articles and some videos.

  5. #5
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    Here in Colorado, once he enters the dwelling illegally, you could tie him up and then shoot him and you'd be ok. Anyone entering your house illegally has no legal protection whatsoever.

    Recent case in Denver, couple disabled an intruder with a baseball batt, then killed him with his own knife. Case dismissed.

    No civil liability either.
    "I am a Soldier. I fight where I am told, and I win where I fight." GEN George S. Patton, Jr.

  6. #6
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    Tennessee law is similar. Anyone entering an occupied dwelling to commit a crime is presumed under law to be threatening lethal violence or grave bodily injury and is thus de facto liable to be dealt deadly force.

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    I found this trying to get an update on the case.

    ESCAMBIA COUNTY SHERIFF'S OFFICE NEWS RELEASE FOR IMMEDIATE RELEASE
    October 13, 2005

    Dispute Ends In Shooting

    On 10/12/2005 at approximately 9:30 p.m, Escambia Deputies responded to a shots fired disturbance at 5213 Chatham Ave. Upon arrival Deputies made contact with the homeowner, Robert Peaden, 57 of Pensacola. Peaden advised Deputies that he was working in his work trailer which is adjacent to his residence when he was confronted by suspect/ Richard J. Piovesan, 44, also of Pensacola. According to the victim, Piovesan forced open the door to his trailer and entered as he was threatening the victim. Victim/Peaden stated to Investigators he was threatened and felt as if he had to act toprotect himself. Peaden then grabbed a handgun and shot the suspect at least once. According to investigators this was an extension of an argument that had begun the day before. Life flight responded and transported the suspect to Sacred Heart where he was pronounced dead. No arrests have been made and the investigation continues. An autopsy will be performed today. Escambia Investigators as well as the Escambia Crime Scene Unit and the Escambia Sheriff’s Office Victims Advocate responded and worked the scene. This Press release can be viewed from the Escambia Sheriff’s Website atwww.escambiaso.com. PREPARED AND RELEASED BY SGT TED ROY, ECSO PUBLIC INFORMATION OFFICER. CALL 436-9204 FOR ADDITIONAL INFORMATION. RON McNESBY SHERIFF P.O. BOX 18770PENSACOLA, FL 32523 (850) 436-9630
    So, at the end, the guy entered the house. The old Castle Doctrine applies
    You have to make the shot when fire is smoking, people are screaming, dogs are barking, kids are crying and sirens are coming.
    Randy Cain.

    Ego will kill you. Leave it at home.
    Signed: Me!

  8. #8
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    Thx Miggy.
    Chris - P95
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    "To own a gun and assume that you are armed
    is like owning a piano and assuming that you are a musician!."


    http://www.rkba-2a.com/ - a portal for 2A links, articles and some videos.

  9. #9
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    Quote Originally Posted by P95Carry
    Not sure this is quite the best example as a first case - because I found myself thinking ''hmmmm..............''. What think you? I can imagine some high mileage being drawn from this by ''you-know-who''.

    http://www.weartv.com/news/Stories/J...defender.shtml
    Typical of the media - they don't bother to check their facts.

    This is not a test case for the "stand your ground" law - the shooting happened inside the residence, where the resident never had a duty to retreat.

    Florida law is very clear - when one confronts a person in their own residence who has unlawfully entered or is attempting to unlawfully enter that residencee, there is a presumption of reasonable fear of immient death or great bodily harm (Florida Statutes 776.013).

    This is not in any way a test of the "stand your ground" provisions of the law, which apply to events taking place outside one's own property in places where one has a lawful right to be.

    Matt

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    This incident happened here in Pensacola. Hope that I'll be lucky enough to be picked for jury duty........ Nuf said ! --------

  11. #11
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    Quote Originally Posted by RSSZ
    This incident happened here in Pensacola. Hope that I'll be lucky enough to be picked for jury duty........ Nuf said ! --------
    There'll be no jury.... there was no arrest.
    Good luck.
    Sarhog
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  12. #12
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    NO ARREST?? GREAT !! That way I wont have to use up my shootin' time by driving all the way down to the courthouse to simply say,"not guilty". ------

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