Melbourne, Fla Man Kills Intruder

[XD40]

From Florida Today, February 23, 2006

Brevard homeowner kills intruder
Trespasser banged on doors, windows
BY JUAN ORTEGA
FLORIDA TODAY
A homeowner fatally shot an intruder Tuesday afternoon after the man had
approached four homes and kicked in the front door of one home, police said.
Melbourne resident Pete Frink told police he feared for his life when the man
approached him "aggressively" and "irrationally" in his Colbert Circle home. He used
a small-caliber handgun to shoot the man once near his rib cage, Melbourne police
Cmdr. Jim Gibbens said in a statement.
Witnesses said the man approached four homes: First on the west side of Colbert,
then headed north on the road's east side. He approached homes, banged on or
broke windows, jumped over chain-link fences and ultimately broke through the
Frinks' front door.
That sent Frink's wife, Emily, running south on Colbert shouting, "Help! There's
someone in my house."
She ran to Eddie Hardison's house and asked his wife, Ann, to phone police.
The intruder's behavior baffled frightened neighbors.
"Why did he do that? It's scary that he would do this in broad daylight knowing
people are in the house," neighbor Rosemary Rasbin said.
She heard a loud noise and screaming. Then she saw her window was broken, so
she jumped out her bedroom window. She had scrapes on her face and arms. The
shooting happened next door.
Police found the man, whom they didn't identify, on the Frinks' bedroom floor about
2:30 p.m.
He was taken to Holmes Regional Medical Center in Melbourne where he was
pronounced dead.
No charges have been filed and an investigation continues.
Pete Frink said he initially tried to get the man, whom he described as out of control,
to leave his house, Gibbens said. When that failed, he fired.
Printer-friendly article page http://www.floridatoday.com/apps/pbc...ID=/20060222/N...
2 of 2 2/23/2006 7:55 AM
"The identity of the subject is not known at this time and how the subject came to be
on Colbert Circle is still unknown," Gibbens wrote in an e-mail Tuesday.
State law says if someone invades your home and you fear for you life you are
allowed to defend yourself.
If police deem the shooting justified, it would be the first of the year.
But this isn't the first homeowner to kill an intruder. In May 2005, a 64-year-old
widow defending herself fatally shot a man after he broke into her Indialantic home.
In September 2005, a man was fatally shot after he pounded on a neighbor's front
door. The homeowner was found to be legally defending himself.
Contact Ortega at 242-3632 or jortega@flatoday.net

[DefensiveCarry.com]

[rstickle]

Sounds like a "good" shoot.

[AirForceShooter]

Sounds good to me but, that don't mean squat.
It's all going to be up to the DA that gets the case.

AFS

[havegunjoe]

I'll have to let my dad know, he lives in Melbourne Beach. This shoot sounds justifiable to me.

[P95Carry]

Would seem as tho this idiot guy was ''on something'' and sure not being too sensible.

More than likely a serious threat could have been perceived and so the shoot by all accounts may go thru as demonstrably justified.

[AutoFan]

Sounds good to me but, that don't mean squat.
It's all going to be up to the DA that gets the case.

AFS

I thought the whole point of the "castle" and "stand your ground" laws were to prevent DA's from prosecuting people in just these situations. Unless the guy was shot in the back, under FL state law I don't think the DA is allowed to file charges.

[bubbygator]

Although the article doesn't describe the area, it's known as "South Melbourne" - an extremely tough, semi-ghetto neighborhood. I am less surprised at violence occuring there than in the Indialantic area event - a quiet upscale residential area.

[acparmed]

Sounds to me like he used the proper response to a home invasion, that being, BANG, THUMP!!

[Miggy]

If what we read in the article holds, the homeowner should not fear a thing. Castle doctrine applies and there are witnesses galore including people who felt threatened enough to substain injury trying to get away from the intruder.

[MattInFla]

Sounds good to me but, that don't mean squat.
It's all going to be up to the DA that gets the case.

AFS

He should be fine. The shooting occurred inside the armed citizen's home, and he had reasonable belief that the intruder unlawfully forced his way in.

Under Florida law, there is a presumtion that the homeowner was in reasonable fear of imminent death or great bodily harm. The law further presumes that any person who forcibly enters the dwelling of anoher does to to commit a crime of violence. FS 776.013

Matt

[mcclearypl]

Ain't Florida Law Great!!!!!!

[madmike]

I don't often make a statement like this one but. . .

Florida LAW, in this instance, equals JUSTICE!

Our adoption of the "Castle Doctrine" was one of the few "new" laws that really needed passing.

mm