Man Intervened - Deadly Tampa shooting may be result of domestic dispute

[HootmonSccy]

HILLSBOROUGH COUNTY (Bay News 9) -- Tampa police are investigating a deadly shooting allegedly stemming from a domestic dispute.

Video Story - Read story below for better details.

Emergency dispatchers received a call early Sunday morning at E. 8th Avenue and N. 21st Street.

According to reports, 26-year-old Eduardo Castillo and his girlfriend were fighting -- when another 24-year-old man intervened.

That turned into a fight between the men.

Castillo reportedly threatened to kill witnesses, including the 24-year-old man who intervened.

Police say Castillo continued to threaten the other man while reaching into the waistband of his pants.

Investigators say the other man, who had a concealed firearm and permit, feared for his life and shot Castillo in the upper torso -- killing him.

Homicide detectives were at the scene for hours trying to piece together exactly what happened.

At this time, no one has been arrested or charged in Castillo's death.

[G50AE]

If the witness was being threatened by Eduardo Castillo, then this case is not a "Good Samaritan" type of shooting. It becomes a self-defense shooting by virtue of the threats involved to the unnamed 24 year old witness. Eduardo "aparently" made a threatening action by reaching into his waistband, thereby feigning the appearance of producing a weapon. This makes the self-defense action by the 24 year old witness a separate act from the domestic violence situation then in progress.

The reason I bring up this legal point, is that if FL's "Stand your ground law" does not allow intervention to deffend another party, it does not matter in this case. By virtue of the threats against the third party, the matter falls under defense of ones own self which is a legally stronger defense.

Just my $.35, I used to offer $.02, but with inflation...

[HootmonSccy]

That's why I noted to read the article.. I believe the "unnamed" 24 year old is actually the shooter.. (could be wrong), but it did sound like in the article that there were other witnesses..
I agree, the threat was turned toward the shooter (per the article) prior to the shooter shooting..

If the article is accurate, then I do not expect any charges to be filed..

Your point is an important one as my friend and I were discussing the situation.. Drawing the threat to yourself is required (best policy)... Otherwise call 911 and be a good witness.. Since in this case the BG turned his threat toward the witnesses, the next level of response was justified.

Good for the Shooter.. He deserves to be a hero and a the poster citizen of the month!!

This is an example of what gun laws should really be about.

[KimberPB]

The reason I bring up this legal point, is that if FL's "Stand your ground law" does not allow intervention to deffend another party, it does not matter in this case. By virtue of the threats against the third party, the matter falls under defense of ones own self which is a legally stronger defense.

Florida does justify lethal force to protect a third party from death or great bodily harm. That being said if it was just an argument between the guy and the girl just call the police and let them handle it. No reason to escalate it into a gun fight. Now if there are other witnesses around and the guy starts slapping the woman around I'm calling the police, then going to do my best to defuse the situation. If the guy then comes after me I'll do what’s needed to protect my life.

One thing to remember if it's just you, the man, and the wife/girlfriend that’s being beat. You just shot the females husband/boyfriend/her baby dady/ect. When the police show up you may find her story changes to make you out to be the bad guy. Then it's your word verse his/hers. So be careful not to put yourself into a bad situation when your motives are good.

[HootmonSccy]

Florida does justify lethal force to protect a third party from death or great bodily harm. That being said if it was just an argument between the guy and the girl just call the police and let them handle it. No reason to escalate it into a gun fight.
...If the guy then comes after me I'll do what’s needed to protect my life

This would be my approach as well.. Phone in Left hand, standing back 15+ feet, Notify the attacker that I am on the phone with 911 and for him to stop his attack..
Now if he stops, great.
IF he continues - this will be a judgment call based on how severe the attack is (remember 911 is recording the call)
If he decides he doesn't want a witness (which appears to be the case in this story) then as you said, you do what you have to do.. (Again 911 is recording the call, so announce what is happening "Stop your advance on me".. "Keep you hands where I can see them", etc... - This hopefully will counter any changes in the woman's story IF it comes down to it!

[G50AE]

Florida does justify lethal force to protect a third party from death or great bodily harm.

OK, so Florida does allow that type of legal defense. Which is good, IMHO. However, defense of ones self is ALWAYS a stronger legal defense than the defense of a third party. This is true reguardless of what state you are in.

[2beararms]

OK, so Florida does allow that type of legal defense. Which is good, IMHO. However, defense of ones self is ALWAYS a stronger legal defense than the defense of a third party. This is true reguardless of what state you are in.

Although I fully agree with this statement, laws like the Florida law that prohibit the willy nilly procecution fishing expeditions in a self-defense (of ones own self or protecting another life) situation make things much cleaner overall. It is most likely why "At this time, no one has been arrested or charged in Castillo's death." No PC that a crime was committed, no arrest, no "judged by 12".

[G50AE]

Although I fully agree with this statement, laws like the Florida law that prohibit the willy nilly procecution fishing expeditions in a self-defense (of ones own self or protecting another life) situation make things much cleaner overall. It is most likely why "At this time, no one has been arrested or charged in Castillo's death." No PC that a crime was committed, no arrest, no "judged by 12".

I tend to agree with you there. All too often with commision/quota based law enforcement and prosecution, we end up with fishing expeditions.