Posted on 02/13/2011 6:17:22 AM PST by marktwain
A Key Largo businessman facing a gun charge that carries a mandatory 25-year prison sentence saw the case against him dropped Jan. 24.
Dimitrios Theodosiou, 62, was charged Dec. 13 with aggravated battery with a firearm after shooting a man on Theodosiou's Poinsettia Drive property at 1 a.m. The apparent intruder, Marlon Perez Monzon, 18, was wounded in the ankle after he tried to escape by scrambling over a fence.
Prosecutors and investigators initially concluded the shooting was not covered under the state's Castle Doctrine or Stand Your Ground laws that allow people to defend themselves when in fear of their lives. The fleeing Monzon did not pose "an imminent threat" when shot, an investigator summarized.
But by Jan. 24, Assistant Monroe County State Attorney Colleen Dunne had reversed that position.
"[G]iven the circumstances and location of the alleged offense [under Florida law], the evidence is insufficient to prove guilt beyond a reasonable doubt," Dunne wrote in a filing that declares the state's intent to halt prosecution.
"On the night [Theodosiou] was arrested, law enforcement and the State Attorney's Office had somewhat limited information," said Donald Barrett, Theodosiou's attorney. "There were some facts they could not have been aware of that night."
(Excerpt) Read more at keysnet.com ...
I don’t think this guy really posed a threat while trying to flee. On the other hand, the prosecutor was no doubt worried about jury nullification. No Florida jury is going to convict this guy, when the intruder was clearly up to no good. I think that as long as people have the impression that they cannot rely on the authorities to protect them, they are going to be willing to let off people who do this kind of stuff. In fact, they probably think the intruder got off easy.
news local-beat
King Without a Castle: Man Busted for Shooting Would-Be Intruder
Teen tries break in but homeowner goes to jail
"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."
http://www.nbcmiami.com/
Yes, but it reads as if the rule of law is being followed because the victim/shooter has the right connections. ‘They only had limited information at the time’ translates into ‘they didn’t know who they were dealing with’.
Right results, wrong reasons. And an ordinary subject probably wouldn’t get the same application of the law.
Please think before posting! The anti-gun pukes put out enough propaganda without us helping them!
That is the photo from NBC and not my choice of appropriate photo.
I guess that some freepers never get it.
My post of the NBC article and photo was to demonstrate their bias and ignorance of firearms laws.
If you didn't then my comment stands.
Fair enough?
No, the pictured added nothing, you did a boo boo.
No, the pictured added nothing, you did a boo boo.
There's a responsibility question here but it isn't solely or primarily for the property owner.
It should always be open season on Burglars. I think a Bounty should be paid.
You may well be correct. It could be that the shooter has connections. It crossed my mind.
That is a stupid photo to post. Loading a wheel gun with your finger on the trigger!
The gun is incapable of being fired as is shown in the photo,
with or without the finger being on the trigger.
And the best part is that the burglar can’t sue civilly either.
Maybe, but it violates the safety training of indexing...keeping your finger off of the trigger until ready to fire.
.keeping your finger off of the trigger until ready to fire.
Right you are!
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