toreskha
Titles are un-American.
I can agree with you that he could have handled the situation in a way that more appropriately kept him out of a potentially bad situation. He should have called 911 immediately and withdrew to a safe position or to a neighbor's house. It's always a bad idea to get into a fight if you're not protecting yourself or someone else.The homeowner had the right to walk into his home even while being burglarized. I agree with you. However, just because you have the means, doesn't mean you should. The homeowner made the decision to go into his home while it appeared that it was being burglarized - knowing that he might have to use lethal force. At this understanding, the homeowner is no longer protecting himself, but rather, his house. IF the homeowner had the intentions of protecting himself, he would not have went in the house. With that being said, the purpose of a CCW is for personal protection of "self." The homeowner went above and beyond what was necessary to protect himself, therefore, he might be charged with excessive force.
However, I think he will probably be ok in a legal sense. He certainly wasn't trespassing on his own property - he had a legal right to be there, and his attacker did not. If it went to trial, most juries would have a hard time finding against the homeowner in this situation. It may even precipitate a legislative motivation to adopt a castle doctrine, which prosecutors typically don't want to see. They'll probably just let this one rest quietly.
Florida has the castle doctrine, so homeowners can raid their own houses if they want - but I wouldn't do it unless I thought a potential victim might be inside.
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