Florida "Castle Doctrine" Law works!

[2beararms]

Last Monday morning (2/16) a Palm Beach County man was awakened in his home by an intruder. He got his .38 special and exchanged gunfire with the intruder and in the end the intruder lay dead in his house.

I fear there are places in this country where that would only have been the beginning for the resident. That the rest of his night, morning and following days would be grilling interrogations by law enforcement at the police station, perhaps multiple court appearences and lawyer fees trying to defend protecting his own life ... BUT NOT IN FLORIDA!

Although he needed sedatives to sleep later that morning, he was doing it at the home of his mother, not in some jail cell. From all indications that I have seen law enforcement clearly saw this as a "self-defense" action and under the new Florida castle doctrine law there is no further action, prosecution, or persecution required. There was no defending yourself make you the bad guy, and his penalty for his actions will be limited to his emotional challenge of having to have to kill someone. He is also immune from civil suit from the victims family. The State Attorneys office will review the case to assure it was self-defense, but barring rise of extenuating circumstance showing this was other than a home invasion, that is simply a rubber stamp.

I am proud that Florida has given the people the right to defend their home properly and hope that all states will adopt this stand and treatment of the true victim in these cases.

Here is the link to the article in the Palm Beach Post:

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[2beararms]

This link is the 911 call on the above incident.

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I think the dispatcher did a decent job in handling this also.

 

[ricbak]

Thank you for these posts. Yes, I agree that the 911 Operator was professional and did a very well. My question to you down there in Fl is, is the home owner in danger from the BG's family starting civil suits? I would be a sad miscarry of justice if the homeowner had to continue defend himself.

 

[2beararms]

Thank you for these posts. Yes, I agree that the 911 Operator was professional and did a very well. My question to you down there in Fl is, is the home owner in danger from the BG's family starting civil suits? I would be a sad miscarry of justice if the homeowner had to continue defend himself.

NO!

As noted in the original post, the Florida castle doctrine law is written to protect one from civil action in relation to the incident. Text of the statute follows (emphasis added):



776.032 Immunity from criminal prosecution and civil action for justifiable use of force.-- (1) A person who uses force as permitted in s. 776.012, s. 776.013, or s. 776.031 is justified in using such force and is immune from criminal prosecution and civil action for the use of such force, unless the person against whom force was used is a law enforcement officer, as defined in s. 943.10(14), who was acting in the performance of his or her official duties and the officer identified himself or herself in accordance with any applicable law or the person using force knew or reasonably should have known that the person was a law enforcement officer. As used in this subsection, the term "criminal prosecution" includes arresting, detaining in custody, and charging or prosecuting the defendant.

 

[KimberRB]

We just past the same law here in Ohio last Sept. Its called The Stand Your Ground Law.

 

[KimberRB]

Tomlin's friends and family described him as a quiet, fun-loving man who played football and basketball and lifted weights. He had a 2-year-old son, Rashard Jr. Darryl Woodson, 21, Tomlin's friend and roommate, said they often would sit up nights sipping beers and spinning freestyle rap lyrics.

But had been arrested six times since 2006 on charges including aggravated battery and violating probation, state records show.

"I don't believe he did it. He wasn't the type to get in trouble.

GIVE ME A BRAKE!

Good job Heath Miller.

 

[{TEX}Hawaii((]

Great. Thanks for the article and the audio. I am glad FL is doing something right...

 

[Glock Fan]

It's funny how the BG was "turning his life around" or "was such a nice guy". Folks need to remove their heads from their rectum. The guy was shot dead while committing a serious crime. :nono:

Maybe I'll sell them that oceanfront property I own in the middle of Idaho. :lol:



gf

 

[2beararms]

Here is another link to more info on this shooting. Apparently the BG was just chillin, drinken and composing rap when he got the urge... not for a bathroom break, but to go down the street with a .40 cal and break into a neighbors home.


"... Darryl Woodson, 21, Tomlin's roommate and one of the last people to see him alive, said he was drinking with him early on Feb. 16, trading freestyle rap lyrics, when Tomlin picked up his beer and said he would be right back.

Detectives found a beer near his body in Miller's duplex, investigators said. ..."

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[AZSATT]

Glad to hear FL is now a castle doctrine state too.

In AZ, we're a "stand your ground" jurisdiction too, and not only would that be a slam-dunk case of justified self-defense, but the BG's "estate" would have no civil recourse once cleared of criminal charges/wrong-doing.

That's good news - I wish more states would start passing pro-citizen laws, and start punishing BG's for what they are - BAD GUYS!

 

[Big_Guns]

Colorado has similar laws. Hope I never need it, but #2 buck in a 12 gauge will stop most people.

 

[old dude]

i wish ny did even defending yourself from deadly force you can be in trouble.

 

[FN1910]

I don't believe he did it. He wasn't the type to get in trouble. He got along with everybody," said Tomlin's cousin, Kena Robinson, 30. "Whenever he wasn't at home watching my kids, he was at the labor pool."

Nope, he wasn't the one in the house dead, aliens replace the real intruder with his body. One comment about the castle doctrine law. Even in a case like this the family could sue claiming that it did not apply here. Once the prosecutor rules in his favor it is pretty much over. There would be little chance of them winning and in fact could have to pay the expenses of the defendant for defending the case in the end. You can bring suit for anythng but that does not mean you can win.

 

[2beararms]

Nope, he wasn't the one in the house dead, aliens replace the real intruder with his body. One comment about the castle doctrine law. Even in a case like this the family could sue claiming that it did not apply here. Once the prosecutor rules in his favor it is pretty much over. There would be little chance of them winning and in fact could have to pay the expenses of the defendant for defending the case in the end. You can bring suit for anythng but that does not mean you can win.

Although it is correct that a suit can always be filed, the "is immune from civil suit" portion of the law seems to hold some bearing to Florida attorneys as I cannot find any evidence of any wrongful death suits in accepted "castle doctrine" cases being filed in Florida, and we all know that attorneys will file anything if they think they have a chance.

 

[Ryan H]

I used the castle doctrine to defend myself against someone's loose running dog and had no legal recourse. I was walking down the road with my dog, which was on a leash. someone's rotty jumped the fence and ran after us. I sped up my walk but gave up realizing when it got there it was likely to attack either me or my defenseless dog. I drew my pistol and fired 4 rounds, hitting it 3 times.

The police arrived, spoke with the very angry owners (had to load in my spare mag and go hide out until the police arrived!) and myself, disarming me of course. In the end, they gave me a ride home with my dog and handed me back my unloaded pistol, and had me fill out a report. It was self defense.

 

[FN1910]

Although it is correct that a suit can always be filed, the "is immune from civil suit" portion of the law seems to hold some bearing to Florida attorneys as I cannot find any evidence of any wrongful death suits in accepted "castle doctrine" cases being filed in Florida, and we all know that attorneys will file anything if they think they have a chance.

Since most wrongful death cases are handled on a contingency basis (the lawer only gets part of the settlement) unless it is an unusual case a lawyer isn't going to take it. Consider that most of these cases would involve families with no way to pay the lawyerif they don'w win and even more that they may have to pay the defendants expenses. Once the act is ruled in favor of the shooter by the state is it going to be very hard to win in civil court. As you say I haven't heard of a case where suit was brought in one ruled "Castle Doctrine" but I suspect there will be one. The "Castle Doctrine" hasn't been around long enough in most states to say one way or the other. Let's just say that we all have seen enough WTF lawsuits filed and won to not rule out anything. :fie:

 

[GHF]

Orange County/Orlando

In the last 6 weeks three BGs have been shot dead while trying to make their business model work.

In one, somebody went into a convenience store to buy some cigarettes. On his way out, he noticed several suspecious types, and went to his truck to get his cell phone to call 911. Just as he did that, the clerk started screaming. He grabbed his .40, and while talking on the phone to 911 came into the store and saw a thug trying to bash the brains out of the clerk with a beer bottle. Two shots, crime career ended. The cops had the 911 and the store tapes to show what had happened, and never interviewed the shooter.

3 days later, two guys - one with a shotgun - tried to rob somebody washing their car. The victim pulled his pistol, and shot the thug with the shotgun dead. No charges.

Late last week some thug tried to burglarize a home in broad daylight in the afternoon. The owner's son shot the fool dead in the front yard. No charges.

 

[Florida]

That's why I love Florida...at least for this reason.

 

[GeneralSumter]

SC also has a castle doctrine law. Glad to hear the law working FOR the people, not against.

 

[GeneralSumter]

Found this as a follow-up: Link Removed
Glad to see the media recounting the events accurately and not protraying the homeowner as a "gun-toting, right-wing extremist". Then again, MSNBC hasn't touched it yet. Nor Diane Sawyer.... what would she say now "If I only had a gun..." ?