Orange County (FL) homeowner shoots, kills burglar

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Thread: Orange County (FL) homeowner shoots, kills burglar

  1. #1
    VIP Member Array miklcolt45's Avatar
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    Orange County (FL) homeowner shoots, kills burglar

    Orange County burglar shootings: Detectives investigating Orange County burglar shootings -- OrlandoSentinel.com

    Orange County homeowner shoots, kills burglar
    Second burglar also shot
    Walter Pacheco
    Sentinel Staff Writer

    8:15 a.m. EDT, October 14, 2009

    The fatal shooting of an Orange County burglar is under investigation this morning.

    Sheriff's deputies said the residents of a northwest Orange County home shot and killed a burglar Tuesday. A second burglar suffered injuries in the confrontation with the homeowner.

    Jim Solomons said the homeowner arrived at his residence in the 6700 block of Rubens Court, near Hiawassee and Clarcona Ocoee roads, at 10:40 p.m. and noticed burglars inside the house.

    At some point, the homeowner armed himself with a handgun and approached his home. When he reached the front door, one of the suspects opened the door and quickly shut it.

    The homeowner then used a remote control to open the garage door and saw the two suspects rush back into the house, the report shows. Sheriff's deputies said the man walked into his house, confronted the suspects and fired his weapon.

    He then called 911 dispatch operators to report the burglary and told them the second suspect could still be inside the house.

    Deputies arrived and discovered only the body of one suspect inside the home.

    Moments later, a neighbor called 911 to report an injured man in the driveway of a home in the 6800 block of Windstream Terrace -- about a block from the first incident. Investigators determined that man had been involved in the Rubens Court burglary.

    Orange County Fire Rescue crews transported the injured suspect to Orlando Regional Medical Center. His condition is not known.

    It is unclear if the homeowner suffered injury during the struggle with the suspects. Investigators did not release the names of the suspects.
    I don't think going into the house was a good idea.
    +2 on hitting both BGs.
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    Senior Member Array hayzor's Avatar
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    I'd stay outside on the phone w/ 911, unless some family was inside. I think you open yourself up to some possible civil/criminal/moral liability by going inside. However, I like these stories of guys going in and getting it done. More stories like this has got to discourage burgulars (or make the desperate ones more prepared for violence).

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    VIP Member Array joker1's Avatar
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    Quote Originally Posted by hayzor View Post
    I'd stay outside on the phone w/ 911, unless some family was inside. I think you open yourself up to some possible civil/criminal/moral liability by going inside. However, I like these stories of guys going in and getting it done. More stories like this has got to discourage burgulars (or make the desperate ones more prepared for violence).
    I agree. The better decision, if no loved ones were in the house, would be to call the police, find cover, and let them do their thing. No pesky civil suits and no "vigilante" name calling. However, the article doesn't mention if he called from a cell phone or from the house phone, hard to believe there are people without cell phones but it happens. I hope it turns out good for the homeowner, it would be hard to sit there and watch hoping the police get there in time.

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    Distinguished Member Array Rcher's Avatar
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    I also agree that entering to confront the BG's was not too smart. Personally, I would have called 911 and waited for LE. There's no way of knowing who was in the house and whether or not they were armed. I dont know FL. laws, is there a duty to retreat? Will this teeter totter between right and wrong for the FL. homeowner?
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    Quote Originally Posted by joker1 View Post
    I agree. The better decision, if no loved ones were in the house, would be to call the police, find cover, and let them do their thing. No pesky civil suits and no "vigilante" name calling. However, the article doesn't mention if he called from a cell phone or from the house phone, hard to believe there are people without cell phones but it happens. I hope it turns out good for the homeowner, it would be hard to sit there and watch hoping the police get there in time.

    Joker1
    Some of us live in the boondocks where there is no Cell Phone service. We have one deputy covering an 50 x 30 mile area. It is up to us to take care of our own needs. If the BG thought to cut the phone line you are simply on your own. Fortunately Arizona does have a Castle Doctrine Law in force.
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    Quote Originally Posted by TOF View Post
    Some of us live in the boondocks where there is no Cell Phone service. We have one deputy covering an 50 x 30 mile area. It is up to us to take care of our own needs. If the BG thought to cut the phone line you are simply on your own. Fortunately Arizona does have a Castle Doctrine Law in force.
    Great points, and also hard to believe that we can't get signal out in the sticks. Yeah, you'd be screwed if you needed LEO.

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    Senior Member Array rolyat63's Avatar
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    Quote Originally Posted by Rcher View Post
    I also agree that entering to confront the BG's was not too smart. Personally, I would have called 911 and waited for LE. There's no way of knowing who was in the house and whether or not they were armed. I dont know FL. laws, is there a duty to retreat? Will this teeter totter between right and wrong for the FL. homeowner?
    There is no duty to retreat in Fl no matter where you are lawfully situatated and we have a very good castle doctrine. Not to mention we protection from civil suit if the DA doesn't get us then the BG/family can not sue us.
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    VIP Member Array gottabkiddin's Avatar
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    +1 for not going in after the BGs, unless my family is in the house of course.

    Anytime the LEO's can be called in to do their job the better. IMO, most BGs when caught by the police will tend to give up, or flee instead of turn and fight like they would if confronted by the home owner. And the one's that will fight no matter who it is are the really dangerous buggers and will stop at nothing to get away. I'd rather not need to fight unless I have no alternative, cause it'll most likely end in someone dead or dying, and I'd rather it not be me. What ever they can take can be replaced except for the most important thing, Life.

    As long as it's theirs, I'm okay with it.
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    I would have called the cops after seeing the guy open the door. Very dangerous to go in the house while it is being burglarized. I have sympathy, of course, I would have wanted to shoot the guy too, but I'd restrain myself and let the cops handle it. If my life is not in immediate danger, I don't draw the weapon. Nor do I put my life in immediate danger.
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    FL has a Castle Doctrine...this guy was well within his rights to open fire (not sure that I would have gone in)...more power to him. One dead, and hopefully, one more to follow.
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    Senior Member Array Rustynuts's Avatar
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    Yes in FL, if someone's in your house, no duty to retreat, it's Mad Max Thunderdome time!

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    Quote Originally Posted by rolyat63 View Post
    There is no duty to retreat in Fl no matter where you are lawfully situatated and we have a very good castle doctrine. Not to mention we protection from civil suit if the DA doesn't get us then the BG/family can not sue us.



    Same goes for Michigan!




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    Florida Law on Home Invasion/Buglary

    776.013 Home protection; use of deadly force; presumption of fear of death or great bodily harm.--

    (1) A person is presumed to have held a reasonable fear of imminent peril of death or great bodily harm to himself or herself or another when using defensive force that is intended or likely to cause death or great bodily harm to another if:

    (a) The person against whom the defensive force was used was in the process of unlawfully and forcefully entering, or had unlawfully and forcibly entered, a dwelling, residence, or occupied vehicle, or if that person had removed or was attempting to remove another against that person's will from the dwelling, residence, or occupied vehicle; and

    (b) The person who uses defensive force knew or had reason to believe that an unlawful and forcible entry or unlawful and forcible act was occurring or had occurred.

    Statutes & Constitution :View Statutes : flsenate.gov

    In other words, the forceable breakin indicates a presumed fear of death or serious bodily injury.
    George H. Foster
    Orlando, Florida

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