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