King Without a Castle: Man Busted for Shooting Would-Be Intruder (Teen Broke In, Homeowner Jailed)

NBC Miami ^ | Mon, Dec 13, 2010 | BRIAN HAMACHER

[nickcarraway]

Teen tries break in but homeowner goes to jail

A Key Largo man was arrested Monday after police said he shot a teen who was trying to break in to his house. The incident happened around 1 a.m. when 62-year-old Dimitrios Theodosiou heard 18-year-old Marlon Perez Monzon trying to open his front door, according to the Monroe County Sheriff's Office.

Theodosiou yelled at the would-be intruder, watched him run around the corner of the home, and went to get his gun, a .38 revolver.

When Theodosiou told Monzon he was going to shoot him, Monzon ran toward a fence and started to climb it until Theodosiou told him to stop.

Monzon got on the ground, but police say Theodosiou shot him anyway, hitting him in the ankle.

Monzon was airlifted to Ryder Trauma Center, where he's in stable condition.

Police said Monzon works with Theodosiou's teen daughter at a restaurant and had been making unwanted advances toward her. Theodosiou apparently didn't know about that at the time of the shooting.

Theodosiou was arrested for aggravated battery with a deadly weapon. Police said they considered applying the "Castle Doctrine," which allows a homeowner in immediate fear for their life during the unlawful entering of a dwelling to defend themselves.

They decided the doctrine didn't apply in this case.

[Labyrinthos]

Hopefully this homeowner will have charges dropped. He has a Right to Self Defense.

The right to self defense ended when the kid retreated and tried to leave the premesis by climbing over the fence.

[a fool in paradise]

Jurors had appeared to struggle with the question of just how responsible, legally, Hayes was for the girls deaths. Hayes had told a fellow inmate that he helped pour the gas, but only along a stairway. “Define start of fire,” jurors asked yesterday, in a note to the judge. “Is the pouring of gasoline considered starting?” The judge answered no — the fire starts when it is actually lit.

That wasn't the government's position on the Waco fire.

[RobRoy]

>>IF the shoot went down as described - bad shoot.<<

Yep.

What you do is get your gun, wait silently and apparently helplessly, and when he enters your home, give him a couple of shotgun blasts.

But first make sure it’s not your drunk brother in law.

[E. Pluribus Unum]

You can't shoot a perp who has surrendered.

[a fool in paradise]

It took cops 40 minutes to leap into action — once they saw the two men fleeing the home, where they’d been waiting after establishing a perimeter.

Much like watching a filling out paperwork after the Columbine killers were already dead.

[meadsjn]

Police said Monzon works with Theodosiou's teen daughter at a restaurant and had been making unwanted advances toward her.

The reason hunting season corresponds to the rut, is that the bucks (and does) get real stupid about then.

[sueuprising]

This is a difficult call to make since a trespasser has no right to be on your property. Today you have no idea what atrocities may be in store if you allow criminals access to your home. Shooting in the air may have been enough to deter this stalker from returning. It sounds like there is more to the story though.

[a fool in paradise]

When Theodosiou told Monzon he was going to shoot him, Monzon ran toward a fence and started to climb it until Theodosiou told him to stop. Monzon got on the ground, but police say Theodosiou shot him anyway, hitting him in the ankle. Monzon was airlifted to Ryder Trauma Center, where he's in stable condition.

A couple of things, "stable condition" and a shot ankle is not "death".

Also it is unclear which side of the fence the perp was on when he was shot.

If he dropped off the fence inside the yard and surrendered before being shot, he chance for fleeing was less than if he climbed the fence and dropped to the ground outside.

[dhs12345]

It is up to the discretion of the home owner.

Unfortunately for me, I might have second thoughts. Especially, if someone is trying to flee.

Killing someone is not an easy thing for me... and probably most people. Sometimes we don't have a choice, sometimes we do.

[a fool in paradise]

It’s an act first situation. There may be one or more intruders (armed or unarmed).

I was robbed at gunpoint on the street this year, around the corner from where police were running a dwi taskforce. First officer I approached got the hell out of there. Second one I approached took down my statement. Afterwards, the team pulled up stakes and hasn’t returned to that area (even though they’d been there for months).

[Jim Noble]

Shooting your daughter’s BF is gonna get you in trouble - unless I’m on the jury...

[dhs12345]

Details that will be reviewed in the trial.

It is unfortunate that the homeowner has to go through a trial.

[dhs12345]

Lol. You probably wont be on the jury, then.

[andy58-in-nh]

It's a judgment call, but I think a reasonable person would consider that any immediate, mortal threat ended when the perp was in the act of fleeing. The homeowner would have been justified in keeping his weapon at the ready until he was out of sight, because he could easily have turned around with his own weapon in hand (re-establishing the threat).

Calling the police in the intervening time would have been a good idea.

[Oldpuppymax]

The guy made two mistakes. He left the bum alive and didn’t drag the body into his house.

[samtheman]

If he really was stalking, he deserved to be shot dead.

But if he really was climbing over the fence to get away, then the homeowner lost his legal right to shoot.

[Niteranger68]

This story illustrates the difference between self-defense and revenge.

[a fool in paradise]

Since the man didn't get inside the house, it would be attempted breaking and entering and trespassing at best.

The home owner would be lucky to see the DA prosecute. I know people who were carjacked (included one who was kidnapped at knifepoint) with zero prosecution (cars recovered, identification still in the car at the time of retrieval).

That would not justify shooting the perp, just pointing out that the police would not be likely to pursue someone fleeing without much to charge them with and little will to prosecute.

I'd be concerned with the numbers of people and whether they'd LEAVE or just rearm/regroup. Criminals don't like to leave witnesses or be caught in their crimes.

One of the stories in this thread concerned a man who'd repeatedly had his garage broken into. Those crooks weren't a “threat” (physical) because they had never been known to attack the home owner (and had acted on numerous occasions). They also felt bold enough to return again and again to the scene of the crime and repeat the deed. Police were okay with it too because he'd already had a criminal record of such crimes.

[driftdiver]

If the homeowner had shot when the guy was trying to get in then he’d be legit.

Shooting the kid after he got on the ground was a mistake. Assuming the kid didn’t make a move towards a “gun” which may be the guys excuse.

[Tailgunner Joe]

He was probably afraid that he would be attacked if he tried to hold the perp until the cops came so he felt he had to shoot the attempted rapist in the leg to disable him.