Posted on 12/13/2010 12:35:16 PM PST by 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.
By complying with your orders they are demonstrating that they no longer pose a threat to your life.
It’s easy to have a guy move without being attacked, remember he’s got a gun pointed at he guy. That’s where you start giving orders, one of which the guy has already responded positively to. “Keep your hands away from your body, move over to your left 10 feet, turn away from me, lay face down on the ground”. It isn’t hard, all you need to do is think and talk and maybe remind him periodically there’s a gun pointed at him. Remember the guy has ALREADY responded positively to a verbal order, you told him to stop and he did.
I’m a person smart enough to tie my own shoe that knows the simple rules of engagement. If somebody is complying with your orders you CANNOT shoot them, EVER. By complying they’re indicating they aren’t a threat, you can’t shoot people that aren’t a threat.
You better pray you never wind up in his situation, because with your thinking you will LEGITIMATELY wind up in jail. You can’t shoot people that are complying.
So the 62 year old man SHOULD invite the unrestrained 18 year old perpetrator into his own house where his daughter lives while he takes one hand off his gun to call the cops? Are you serious? Am I supposed to take this garbage seriously?
It’s illegal for a non LE to use deadly force to detain someone in the state of Florida.
He could point the weapon at the guy but cannot shoot unless there is a threat. Such as the kid reaching for a weapon.
Is that better?
“He left the bum alive and didnt drag the body into his house.”
Moving the body post-mortum is a mistake. In Florida you don’t need to make a bunch of excuses.
Mistake, let him break in, then shoot him I guess.
Police don’t make that decision, the courts make that decision. Police are not the courts or a jury.
Depends on where the phone is. Depends on what else he’s got around. It’s a situation one has to contemplate when you use a gun for self defense, sometimes the bad guy actually surrenders, and you need to be able to handle that WITHOUT shooting him. This ain’t garbage, it’s reality, before you go pointing a gun at a bad guy you need to be willing to EITHER shoot him OR take him prisoner without a shot fired. I know how I’d handle it at my place. It ain’t too tough to tell a guy to belly crawl to a particular spot, remember he’s already shown a willingness to comply. The only garbage here is coming from the person that would shoot somebody that surrendered and thinks there’s such a thing as shooting to wound.
Or morally. But yeah.
Yep we certainly agree on that. It is wrong to shoot someone who has surrendered and does not represent an immediate threat.
If he goes for a gun in his pocket, or jumps up and runs at ya then all bets are off.
I would much rather not shoot anyone.
100%, as long as he’s being compliant just keep down that path, everybody will be happier. Anyway there’s a lot less paperwork and cleaning if you don’t shoot him.
Shoot and you’d have to pay a lawyer. I really hate paying lawyers.
That got a chuckle.
Provided thats how it actually went down.
“But first make sure its not your drunk brother in law.”
Unless you’re hoping that it is.
>>You can’t shoot a perp who has surrendered.<<
Sure you can. It’s just not considered play fair.
Why in Sam Hell was he airlifted?
Ditto.
Once he’s out of your house and running away, or on the ground, surrendered, you can’t shoot.
I figure the homeowner’s primary mistake was to say anything. Shoulda just shot the criminal and left it at that. The only words that should ever be spoken to police in such a circumstance is “I felt my life was in danger, and I want to talk to my lawyer”. You could pretty much skip the first half of that, but never the latter.
I disagree. I figure he forfeited his life when he tried to break into the fellow's home to rob him. If the victim decides to call the debt, he's welcome to it.
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