When is the "Castle Doctrine" not the "Castle Doctrine" in Florida?
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Thread: When is the "Castle Doctrine" not the "Castle Doctrine" in Florida?

  1. #1
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    When is the "Castle Doctrine" not the "Castle Doctrine" in Florida?

    Key Largo man shoots fleeing teen

    Key Largo man shoots fleeing teen

    A Key Largo man was jailed early Monday for shooting a teenager, who was running from the suspect's house in the middle of the night, in the ankle.Dimitrios Theodosiou, 62, told Monroe County Sheriff's Office detectives he heard someone trying to open his front door around 1 a.m. at his home at 134 Poinsettia Drive. When he yelled through the door at the would-be intruder, he saw him duck around the corner of the house.
    Theodosiou went outside, then went back in and got his .38 caliber revolver. He went back outside and at one point, told the teen -- later identified as Marlon Perez Monzon, 18 -- he was going to shoot him.
    At that point, Monzon reportedly ran toward a fence and began trying to climb it to get away. Theodosiou yelled at him to stop and Monzon dropped to the ground, and Theodosiou shot him in the ankle, detectives said.
    Theodosiou told family members to call the Sheriff's Office. After deputies and paramedics arrived, Monzon was airlifted to Miami's Ryder Trauma Center, where he is reportedly in stable condition.
    Detectives later learned Monzon works with Theodosiou's teenage daughter at a restaurant and has been making "unwanted advances toward her," detectives said. They said Theodosiou didn't know that at the time of the shooting.
    Theodosiou was charged with felony aggravated battery with a deadly weapon.
    Before they arrested him, detectives conferred with the State Attorney's Office and the joint decision was made that in this case, the so-called Castle Doctrine doesn't apply. Under that doctrine, a homeowner must be in immediate fear of his or her life, or a family member's life, to be justified in shooting. Or the perpetrator must be "in the process of unlawfully and forcefully entering ... a dwelling."
    When they "Nudge. Shove. Shoot.",
    Don't retreat. Just reload.

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  3. #2
    I don't know. But my opinion is, He shot to low.
    Ed
    "The tree of Liberty needs to be watered from time to time with the blood of patriots and tyrants." Thomas Jefferson 3rd president of US (1743 - 1826)

  4. #3
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    I love the castle doctrine, but if he had killed that intruder, I would consider that murder. Here is my reasoning; the guy was running away, and if what is written is correct, he had actually surrendered by dropping to the ground.

    If anyone can morally justify this, I suggest thinking it through again. I'd drop an intruder in his tracks if he were a threat, but from what is written (nothing else to go on), there was no threat when the shot was fired. Even if there was some loophole that made it legal, it would be murder, legal or not, if he had killed that kid under those circumstances.

    Just my opinion, and I have tried to show WHY that is my opinion. If you have a different opinion, please try to state WHAT that opinion is based on.

  5. #4
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    Quote Originally Posted by Islander View Post
    I love the castle doctrine, but if he had killed that intruder, I would consider that murder. Here is my reasoning; the guy was running away, and if what is written is correct, he had actually surrendered by dropping to the ground.

    If anyone can morally justify this, I suggest thinking it through again. I'd drop an intruder in his tracks if he were a threat, but from what is written (nothing else to go on), there was no threat when the shot was fired. Even if there was some loophole that made it legal, it would be murder, legal or not, if he had killed that kid under those circumstances.

    Just my opinion, and I have tried to show WHY that is my opinion. If you have a different opinion, please try to state WHAT that opinion is based on.
    Makes sense to me!

  6. #5
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    The shooter was unjustified and castle doctrine didn't even come close to applying.
    One must be wary of the mentality creating the problem or the law creating the crime.

    I love America and the Constitution, if you don't then get out!

  7. #6
    I have to agree with all the comments so far.

  8. #7
    Airlifted due to an Ankle wound??? Really..
    The shooter is a Jack-ass..
    I bet he would have cleared the fence if he had heard a 12 gauge racking!!! The extra adrenaline would have put him right on over..

    Gulf Coast, Floriduh
    Sccy is the limit

  9. #8
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    Quote Originally Posted by Unfettered Might View Post
    The shooter was unjustified and castle doctrine didn't even come close to applying.
    Agree 100%. I live in Florida and the Castle Doctrine is very clear - it applies only to people in your home. I've been told by a LEO friend of mine that you shouldn't even shoot somebody that's in your home who's in a window or coming through an exterior door - wait 'til they get all the way in. An overzealous prosecutor or civil attorney could possibly make it look like they were retreating from your home (since they were near an exit) in spite of what the truth may be.

    One note: In Fla the CD also applies to your car. We had an occurance down here recently where a man shot another man in a road rage incident. Apparently the shooter instigated the entire episode with his behavior behind the wheel but it was the other guy who got out of his car and threw a punch through the open window. Castle Doctrine in effect (as well as Stand Your Ground) - one shot, one dead guy on the street. No charges filed. Dumb and Dumber.

  10. #9
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    Point in fact...

    Some years ago, an off-duty police officer in St Petersburg, shot and killed a young man fleeing from his house in broad daylight, while carrying the officer's smaller tabletop TV set...

    Officer steps out of his house, sees the 'fleeing felon' running down an alley carrying the TV, gives the usual 'freeze dirtbag' command, then shoots the kid in the back and killed him from a distance of 50 feet or so, WELL outside of his house.

    Review board says 'justified', and cop gets a free pass...

    This was quite awhile before the 'castle doctrine' was ever passed. But in the same situation, even with the castle doctrine in force, had I done that, I'd being doing time right now.

    The simple basic rule/question is: Was/is your life or someone else's life in eminent danger, or at least a 'reasonable' belief that said 'danger' existed, when you pulled the trigger? If NOT, then deadly force is NEVER warranted...unless you're a cop it seems.

    At least the man who shot the guy in the ankle didn't kill him, and not being present or knowing all the facts of the case, I sure can't make a determination if the shooter's intentions were right or justified... But if I were his legal council, I'd dredge up all the questionable shootings of civilians by cops in our state in the last 10 years or so, (and there are MANY)...and then question the 'equal protection' of civilians, and selective enforcement of the cops, who are supposed to follow the same laws we are.

    FLc

  11. #10
    I would say there's things that haven't been told about this case. It didn't say that the kid kicked in the Door, he tried to open it. This may have been his 4th or 5th visit. Maybe someone was leaving the Door unlocked for him on other occasions. If the Kid had a TV in his hands it would be a different story.

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