Castle Doctrine case? FLA

[Dave P]

Submitted without too much comment:

Robber Killed, Boy Critically Injured During Robbery

POSTED: 1:10 pm EDT May 8, 2006

JACKSONVILLE, Fla. -- A 10-year-old boy remains in critical but stable condition Monday morning, two days after he was struck by a bullet fired by his father at an armed robber.

Police said Drevon Ricks was struck by a bullet that apparently ricocheted as he father shot and killed an 18-year-old man armed with a shotgun who was trying to rob the family as they sat in their vehicle outside a city park before dawn Saturday.

WJXT learned that five members of the Ricks family were waiting outside a McGirts Creek Regional Park at the corner of Checkmate Lane and 118th Street, hoping to be first in line to sign up for summer camp.

Police said Jabray Davias Jones approached the car with a shotgun about 2:30 a.m. According to police reports, the family initially complied when the robber asked for money, but when the man asked the father to open up the back of the vehicle, the father got his own gun and shot Jones.

Jones died at the scene. Drevon Ricks was rushed to the trauma center at Shands-Jacksonville Medical Center, where he remains.

 

[Zen21Tao]

This was (and still is) a tragic event for this boy and his family but things could have gone much worse. Not only could both the father and son been killed by this scum bag but he could have robbed and killed others in the future. At least one good thing that came out of this event was that this waste of humanity was prevented, permenantly, from endangering anyone else in the future. When will criminals here in Florida learn, targeting our average law abiding citizens for crime can be a death sentence?

 

[Aguila Blanca]

Why might this in any way be considered a castle doctrine case? Or did you mean a "no duty to retreat" case?

It wouldn't have made a case even under the old FL law. The family was IN their vehicle, as I understood the story. The father probably could not have retreated in safety, and he certainly could not have evacuated his entire family in safety, so he would have been justified in using lethal force under the old law.

 

[Hkmp5sd]

The news article makes no mention of castle doctrine or the new no-retreat law, even though they do not apply in this case. It provides an accurate, unbiased account of the incident. Good job. Send the reporter an attaboy.

 

[DunedinDragon]

Since the article doesn't say any charges were brought against the father it appears the "stand your ground" law is in effect in this case. The law specifically cites being forced from your vehicle as one of the specific situations in which you can use deadly force.

 

[XDKingslayer]

Why might this in any way be considered a castle doctrine case?

Because Florida laws consider your car an extension of your home. But it could also be a stand your ground case.

Look at the bright side, he's double covered...

 

[Bartholomew Roberts]

Based on my limited understanding of Florida law, this was a justifiable shoot under the old law as well since the father was unable to retreat safely with his family in these circumstances.

The ricochet was particularly tragic. A copy of this story should be sent to legislators in places like New Jersey who want to stop citizens from obtaining modern ammo designed to reduce this danger.

 

[XDKingslayer]

A copy of this story should be sent to legislators in places like New Jersey who want to stop citizens from obtaining modern ammo designed to reduce this danger.

Do you honestly think N.J. will do that or focus on the fact that people with guns shoot their own children?