mr_hunt Posted May 12, 2020 Posted May 12, 2020 Quote The family of a black 17-year-old fatally shot in the back by a homeowner during an alleged car break-in in Sanford, Florida, has hired Mark O'Mara, the attorney who represented George Zimmerman, the lawyer said. In the new case O'Mara has taken, he is representing the family of Adrein Green, who was killed before 2 a.m. Tuesday after, police say, he attempted to burglarize a vehicle in a gated community. The homeowner was on the phone with a 911 operator reporting a possible home burglary when he fired two shots at Green, which can be heard on the 911 call released by police. Officers found Green unresponsive on a road near the home, police say. They performed CPR, but Green died at the hospital from "an apparent single gunshot wound to his back," Sanford Police Chief Cecil Smith said at a news conference. Evidence at the scene shows Green tried to break into one of the homeowner's vehicles, Smith said. The homeowner wasn't arrested because he was justified in using deadly force when Green allegedly engaged in a "forcible felony," said Assistant State Attorney Dan ****ard with the 18th Judicial Circuit. The homeowner told police he feared for his life and for the lives of his wife and baby, ****ard said. Authorities have not publicly identified the homeowner. Under Florida law, a person can use deadly force if she or he "believes that such conduct is necessary to prevent the imminent commission of a forcible felony." The person using deadly force "does not have a duty to retreat and has the right to stand his or her ground if the person using or threatening to use the deadly force is not engaged in a criminal activity and is in a place where he or she has a right to be," the law states. O'Mara contested the prosecutor's claim, saying the homeowner says in the 911 call that he fired his weapon to scare Green off of his property. "They weren't shooting in fear of personal safety," O'Mara told CNN. "In this case, it's pretty clear, in my opinion, you aren't allowed to shoot someone because they are breaking into your car." The investigation is ongoing, State Attorney Phil Archer's office said in a statement, and once a final determination is made it will be announced publicly. Florida's stand your ground law was a topic of debate in the Zimmerman case, as well as in the cases of Michael Dunn, who killed Jordan Davis, 17, during a 2012 argument over loud music in Jacksonville, and Michael Drejka, who killed Markeis McGlockton after McGlockton pushed him in a 2018 confrontation over a handicapped parking space in Clearwater. Like Zimmerman, Dunn forewent a stand your ground defense and argued the shooting was in self-defense. Dunn was convicted of murder, Drejka of manslaughter. Both are in prison.
20dawk4life Posted May 12, 2020 Posted May 12, 2020 This is why I don’t and shouldn’t have a gun. Try to break into my car and/or house and I feel it should be ok to shoot you.
mr_hunt Posted May 12, 2020 Author Posted May 12, 2020 6 minutes ago, 20dawk4life said: This is why I don’t and shouldn’t have a gun. Try to break into my car and/or house and I feel it should be ok to shoot you. i'm with you on house......but i'm not 100% sure on car...have to think about that one. seems like that's the law in florida though. 1
greend Posted May 12, 2020 Posted May 12, 2020 Honestly if you try to break into my car I would shoot you if you didn't run away when I pulled said gun. That said I wouldn't shoot you in the back as you ran away either way. 4
mr_hunt Posted May 12, 2020 Author Posted May 12, 2020 Just now, greend said: Honestly if you try to break into my car I would shoot you if you didn't run away when I pulled said gun. That said I wouldn't shoot you in the back as you ran away either way. it's tough because you don't know whether or not the person breaking into your car also has a gun. agreed on not shooting them in the back as they're running away. 2
greend Posted May 12, 2020 Posted May 12, 2020 Just now, mr_hunt said: it's tough because you don't know whether or not the person breaking into your car also has a gun. agreed on not shooting them in the back as they're running away. I guess that's my point. At lot of things go on in a break in. Do you have time to react? Do you have time to pull and see what his reaction is? Or is it a situation where the guy has his hands on you and the only choice you have is to shoot? If that's the only choice you have then you better do it and not worry about whether or not he has a gun, it's not gunfight at the o.k. corral , it's life or death. Be interested to hear more details I guess.
devpool Posted May 12, 2020 Posted May 12, 2020 30 minutes ago, 20dawk4life said: This is why I don’t and shouldn’t have a gun. Try to break into my car and/or house and I feel it should be ok to shoot you. For sure if someone breaks into your house by all means blow them away, in closer quarters you might not have as much time to figure out if the burglar has a weapon in hand or not. I'm pretty firm believer that if you break into someone's home you have no regard for your own life and the homeowner has every right to kill you. Good meme floating around about home robbers valuing someone else's stuff over their own life. If someone is breaking into your car, a burglar probably isn't holding a weapon while trying to break in. They might be carrying, but they likely won't be able to whip around and shoot you right away. Draw your weapon and confront them from a distance and if their reaction isn't high tailing it out of your yard go ahead and fire a warning shot unless you see them reaching for a weapon or they rush you. If they do run away let them go and call the cops, shooting someone in the back while they're running away is cowardly.
Mlodj Posted May 12, 2020 Posted May 12, 2020 37 minutes ago, mr_hunt said: i'm with you on house......but i'm not 100% sure on car...have to think about that one. seems like that's the law in florida though. If somebody is trying to break into your car while your in your house I don't see any way that is a threat to your life, which is the main justification for the use of deadly force. This shooting may be allowed under Florida law, but I think the homeowner is in the wrong morally based on what we know at this point. 1
20dawk4life Posted May 12, 2020 Posted May 12, 2020 33 minutes ago, greend said: Honestly if you try to break into my car I would shoot you if you didn't run away when I pulled said gun. That said I wouldn't shoot you in the back as you ran away either way. Yea I should have explained more.
devpool Posted May 12, 2020 Posted May 12, 2020 In this case it really depends on what actually happened, because I can't imagine breaking into a car is a forcible felony. But if the guy was attacked by the kid then I think he has a stand your ground case. But as mlodj said, a car robbery while you are inside your home poses very little to no threat to your life. I don't think this shooting is allowed under florida law unless its proven that the homeowner was attacked. But reading this short article it doesn't sound like he was. I think this guy will go go jail
20dawk4life Posted May 12, 2020 Posted May 12, 2020 8 minutes ago, devpool said: For sure if someone breaks into your house by all means blow them away, in closer quarters you might not have as much time to figure out if the burglar has a weapon in hand or not. I'm pretty firm believer that if you break into someone's home you have no regard for your own life and the homeowner has every right to kill you. Good meme floating around about home robbers valuing someone else's stuff over their own life. If someone is breaking into your car, a burglar probably isn't holding a weapon while trying to break in. They might be carrying, but they likely won't be able to whip around and shoot you right away. Draw your weapon and confront them from a distance and if their reaction isn't high tailing it out of your yard go ahead and fire a warning shot unless you see them reaching for a weapon or they rush you. If they do run away let them go and call the cops, shooting someone in the back while they're running away is cowardly. Agreed. I didn’t explain enough.
greend Posted May 12, 2020 Posted May 12, 2020 12 minutes ago, Mlodj said: If somebody is trying to break into your car while your in your house I don't see any way that is a threat to your life, which is the main justification for the use of deadly force. This shooting may be allowed under Florida law, but I think the homeowner is in the wrong morally based on what we know at this point. So we should just let people steal our cars? You are justified to go out and confront them if you wish and then if they run or whatever cool, if they go after you then you have a right to defend yourself. Honestly I'm not sure which way I would go though, I would probably at least holler at them or something. Last thing I really want to do though is be put in a position that I have to kill someone. 1
Mlodj Posted May 12, 2020 Posted May 12, 2020 5 minutes ago, greend said: So we should just let people steal our cars? You are justified to go out and confront them if you wish and then if they run or whatever cool, if they go after you then you have a right to defend yourself. Honestly I'm not sure which way I would go though, I would probably at least holler at them or something. Last thing I really want to do though is be put in a position that I have to kill someone. He was already on the phone to the police, and he probably had the option of setting off the alarms in every one of his cars with his remotes rather than popping off a couple of rounds. And yes if it comes to that I would rather see somebody steal my car rather than killing them when my life was never in danger and having to live with that for the rest of my life. 2
PoconoDon Posted May 12, 2020 Posted May 12, 2020 Every state is a little different when it comes to the justified use of deadly force. The best starting point is to accept that the justified use of deadly force is always meant to protect people, and never to protect property. To be in fear for your life or the lives of others requires an explanation as to why that fear was reasonable under the totality of the circumstances. 5
Phillyterp85 Posted May 12, 2020 Posted May 12, 2020 16 minutes ago, greend said: So we should just let people steal our cars? You are justified to go out and confront them if you wish and then if they run or whatever cool, if they go after you then you have a right to defend yourself. Honestly I'm not sure which way I would go though, I would probably at least holler at them or something. Last thing I really want to do though is be put in a position that I have to kill someone. He didn’t say we should just let people steal cars. What he’s saying is that people shouldn’t play the role of judge, jury, and executioner if they see someone trying to steal their car. 2
greend Posted May 12, 2020 Posted May 12, 2020 11 minutes ago, Mlodj said: He was already on the phone to the police, and he probably had the option of setting off the alarms in every one of his cars with his remotes rather than popping off a couple of rounds. And yes if it comes to that I would rather see somebody steal my car rather than killing them when my life was never in danger and having to live with that for the rest of my life. Okay, that's up to you and as I said I'm not sure which way I would go. But he does have every right to confront the thief. If the thief then chooses to attack he then is defending his life.
probably Posted May 12, 2020 Posted May 12, 2020 Has the media posted doctored angelic pictures of him looking like he's 12 yet? 2
ToastJenkins Posted May 12, 2020 Posted May 12, 2020 16 minutes ago, Mlodj said: He was already on the phone to the police, and he probably had the option of setting off the alarms in every one of his cars with his remotes rather than popping off a couple of rounds. And yes if it comes to that I would rather see somebody steal my car rather than killing them when my life was never in danger and having to live with that for the rest of my life. Protection of property is a valid reason for armed force as well Comes down to whether its a reasonable assumption that someone committing said felony poses a real threat to life and or property. Why would he assume the felons intent to be positive? Not reasonable now if he ran away and he shot him in the back that would seem to violate the law as threat had disengaged
mr_hunt Posted May 12, 2020 Author Posted May 12, 2020 a little more info: Quote In audio from the 911 call, the homeowner is heard explaining how his wife woke him up when she heard noises outside while she was up feeding their baby. He said that he believed someone was trying to break in to the home, so he grabbed his firearm and went to investigate. ‘Are there any weapons,’ the dispatcher asked. ‘Yes. I just fired a shot, he came by. Help me out, please help,’ the caller said. Asked whether the teen was armed, the caller said he wasn’t sure. ‘I don’t know he just ran, he just ran, he faced me and I got super scared and my wife was behind me with the baby cause we kept hearing like a big bump, we kept hearing something,’ he said, later adding he wanted to scare the unknown person off. https://internewscast.com/florida-homeowner-shoots-and-kills-17-year-old-burglar-in-possible-stand-your-ground-case/
devpool Posted May 12, 2020 Posted May 12, 2020 The kid faced him, but got shot in the back? And he said had ran and then faced him, which way did he run? This guy is 10000% going to jail his story is ridiculous. And if you're shooting to scare someone off why would you be shooting anywhere near them, let alone high enough to hit them in the back?
mikemack8 Posted May 12, 2020 Posted May 12, 2020 I know of a surefire way to NOT get shot in the back, or anywhere for that matter, by a homeowner. Don't try to break into their house/car 5
20dawk4life Posted May 12, 2020 Posted May 12, 2020 7 minutes ago, devpool said: The kid faced him, but got shot in the back? And he said had ran and then faced him, which way did he run? This guy is 10000% going to jail his story is ridiculous. And if you're shooting to scare someone off why would you be shooting anywhere near them, let alone high enough to hit them in the back? Going to court most likely. Jail maybe not. Jury hears he was scared for the safety of his wife and child and I’m guessing hung jury.
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