Posted on 01/29/2006 8:11:09 PM PST by freepatriot32
A little more than two years ago, Mario Barcia Jr. was awakened in the dead of night by banging on his door. Startled -- and shaken from two previous robberies -- he grabbed his gun and ran to the front of the house. Within a matter of seconds his life would change forever. Seeing what he described only as a bright light shining through his back door, Barcia fired a single shot. Five shots were returned. Then Barcia fired twice more. His first shot had hit Miami-Dade County police officer Chad Murphy in the back.
Barcia was arrested and charged with attempted first-degree murder of a law enforcement officer, a crime that could have left him imprisoned for life. Murphy, wearing a flak jacket, survived with a bloody bruise. On Wednesday, it took a Miami-Dade County jury less than 30 minutes to decide Barcia did nothing wrong in shooting Murphy, who had entered Barcia's property without permission or a warrant.
But the cost to Barcia, a former Miami-Dade County Family Court clerk, and his family has been substantial: In the past two years Barcia has lost his job and his home, and had to serve house arrest while watching his now-19-month-old son grow.
Still, between hugs from family members on the third floor of the county criminal courthouse, Barcia said he holds no grudge against the state for pressing forward on what he considered an unfair case. ''I'm just glad it's behind me,'' he said. ``They were just doing their jobs. I just wish they'd have been honest.''
Barcia's story began well before the early morning of Oct. 24, 2003, when he shot Murphy. Twice, his South Dade home at 11941 SW 208th St., had been vandalized. Fearing for his well-being and that of his then-pregnant wife Mercedes, Barcia bought a gun in August 2003. Two months later Sgt. David Dominguez and police officer Thomas Wever were driving down 208th Street near Barcia's home when they heard what they thought was a rock hit their car. They decided to search for who did it, and called for back up. When help arrived, Murphy and Dominguez made their way over a wall and into Barcia's yard. Both had bright flashlights. At one point Murphy entered a screened porch where French doors led into the home, while Dominguez waited outside it. About the same time, other officers were banging on Barcia's front door. The noise woke him up.
That's where the state's and Barcia's stories differ. The state claims Barcia peeked out the front window, realized there were police officers there, and shot at an officer outside on purpose. During the fracas, his wife dialed 911. At one point the operator told Barcia he may have shot a cop. Barcia is heard clearly on the tape saying it was a burglar.
Barcia's attorney, Ronald Lowy, told jurors a different version of events: By the time Barcia made his way to the front of the home, the knocking had stopped -- and all he saw was a bright flashlight pointed directly at him through the window. Lowy highlighted that point during closing arguments, shutting off the lights in Miami-Dade Circuit Judge Rosa Rodriguez's courtroom, then shining the bright light into the eyes of each juror for a few seconds. It was impossible to see who was behind the flashlight.
''When someone comes into your house, over a 7-foot fence at 12:40 a.m., you don't expect it to be the police,'' said Lowy. ``They were unlawfully there.'' Before the jury left to consider their verdict, Judge Rodriguez explained it is contrary to law for a police officer to enter a private residence without a search warrant or permission from the homeowner unless it's a very unusual circumstance.
If Barcia had a reason to believe a felony was being committed on his property, or that his or others lives were in danger, the judge added, he could legally fend for himself.
Now this DA needs to prosecute the cops, and a US Attorney needs to do the same for intentionally attempting to deprive this man of his civil rights under false color of authority.
L
And because they "thought" a rock hit their car. Good grief.
Today, gun-mounted ultra-bright tactical lights are so common, that if one is shined on you after midnight, from inside your screened porch, inside your 7 foot wall, then you have a reasonable fear that a bad guy is about to shoot you.
Look at any pistol ads in gun mags. Half of pistols today come with rails for mounting these lights.
If you wait, you may be shot first. That's what I'd be thinking. If it was police, I'd have been expecting to hear, "Police! Search warrant!" If not, I'm thinking its bad guys, and it would be a classic, "I was in fear for my life."
Sounds like a reasonable shoot to me given the time of night and the fact that the intruders/police had already breached a wall, screen door, and were coming through a second set of doors. If offering constructive criticism, the only thing I can suggest is that the homeowner was essentially shooting at a very bright light without identifying what exactly was behind it.
~ Blue Jays ~
Since home-invaders enter yelling 'police'. Come to my door politely or risk being shot (tactical furniture 870, 2 birdshot, 2 00, slugs). It is my HOME and I don't 'rent' from the government. An armed society is a polite society.
The police "always" say that, whether they really said it or not.
"...Sgt. David Dominguez and police officer Thomas Wever were driving down 208th Street near Barcia's home when they heard what they thought was a rock hit their car. They decided to search for who did it, and called for back up...."
This part is craziness.
"Two months later Sgt. David Dominguez and police officer Thomas Wever were driving down 208th Street near Barcia's home when they heard what they thought was a rock hit their car."
And they expected to find the rock thrower after parking, getting out of their car, climbing a 7 foot fence, entering a screened in porch and attempting to enter a dark home? This type of craziness makes me wonder about the intellectual ability of these officers. I would think they would have better luck driving around the neighborhood and looking for someone still out at midnight.
The people who yell it EVERY TIME are home invasion robbers
Have to be patient. If they tie you up and start raping your children in front of you, you know they're not cops, and its safe to defend yourself.
Good post. I detest the commando mentality of today's police. All for the 'war on some drugs'.
He's a better man than I.
Prosecutors in FL are just plain stupid.
They all are jockying for judicial appointments. If anything because this case involved a cop, they were pandering to the police vote.
Miami-dade cops have a HORRIBLE reputation for lying. The lower levels are just grunts, and the upper levels of the prosecutor corps are those who can't get a job in the real world or just plain are in need of a government steady check.
It is very sad to say that most prosecutions like this have a degree of politics than justice at their core.
I do hope this man sues the police department. This would be an long overdue place to apply looser pays.
In miami it is VERY common.
Miami had a HUGE rash of break and enter GANGS which did EXACTLY that. They would bank on the doors and shine flashlights screaming "open up police emergency!"
When the homeowner opened the door, the homeowner was beaten or killed and the place ransaked and robbed.
so yes burglars have been doing it for YEARS.
Miami-Dade cop on stand = lying on the stand
It is mind numbing how much offiers routinely lie when giving testimony.
IOW the COP was PISSED that someone threw a rock at his car and was acting like a pissed *ssh*le. He was going to make someone pay. I submit the cop is lucky he was shot first in his vest.
This past Saturday night I watched a documentary on the accounts of Waco. While I heard the rumours of ATF and FBI wrongdoings I never knew exactly how far they went to murder those people.
Yesterday I asked my freind who is a Federal customs agent about it, and he gruffly said, "They got what they deserved".
Well, this is just another example of cowboy cops. I'm sorry but about a good 60% I come in contact with choose the job for power.
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