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FL Senior Ass't AG Wounds Intruder

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This is the Strategy & Tactics sub-forum.

To me there is a lot to be gleaned from this event.
May I suggest you keep in mind the ADEE model as you read it.



FL Senior Ass't AG Wounds Intruder

http://www.news-journalonline.com/NewsJournalOnline/News/Local/newEAST01082808.htm

August 28, 2008

Homeowner shoots intruder in Ponce Inlet, police say

By LYDA LONGA
Staff Writer

As the intruder attempted to make his way farther into the Ponce Inlet house, Kenneth Nunnelley -- a senior assistant attorney general -- feared for the lives of his wife and children and shot the stranger in the stomach, police said Wednesday.

Nunnelley, the lead prosecutor in the Florida Supreme Court for death penalty appeal cases including local murderers Troy Victorino, Jerone Hunter and Anthony Joseph Farina, was armed with a 9 mm Smith & Wesson handgun when 43-year-old Roman Nowak pushed his way into the house.

No one in Nunnelley's family was hurt, police said, but Nowak was listed in critical condition at Halifax Health Medical Center in Daytona Beach on Wednesday.

Nunnelley could not be reached for comment Wednesday. However, a police report shows the 50-year-old prosecutor for Attorney General Bill McCollum warned Nowak several times to leave his house, or he would shoot.

It was about 10:30 p.m. Tuesday when Nunnelley, already in bed for the night, heard a knock at the front door of his house on Jennifer Circle. When Nunnelley looked through the peephole, he saw no one outside.

That's when Nowak opened the screen door, the report states. He began yelling "It's me, Roman. Let me in. You know I was just here."

In response, Nunnelley, with the door ajar, yelled back, "I don't know you. You have the wrong house. Leave my house."

Nunnelley told investigators he had his weapon at the ready just behind his right leg. At that moment, Nowak pushed the front door and made it inside the house. Again, Nunnelley ordered the stranger to leave, to no avail. He yelled for his wife, Cecilia Nunnelley, to call 9-1-1.

He then shot Nowak, the report states.

When Ponce Inlet police arrived at Nunnelley's home, they saw the prosecutor holding the gun in his left hand over his head and Nowak on the floor. As officers pointed their handguns at Nunnelley and ordered him to surrender his handgun, Nunnelley repeatedly said, "It's all clear," the report shows.

A 15-year veteran of the Attorney General's Office, Nunnelley currently works in Daytona Beach in the agency's capital collateral division, spokeswoman Sandi Copes said. Though he was not in the office Wednesday, Nunnelley won't be placed on leave, Copes said.

A state statute allows people to use deadly force inside their homes or vehicles if they are in fear for their lives or the lives of others, and if the intruder has forcibly entered their home or vehicle. The police report shows both these factors were present in Nunnelley's case.

A longtime friend of Nowak's who was called by hospital personnel to inform him about the shooting, said he was told Nowak was on his cell phone as he stood outside Nunnelley's house.

"I think he just walked up the wrong driveway," said Bert Moosbrugger, who lives in Reno, Nev.

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Seems like a straight forward case of self-defense. But I bet he now wonders if he should have not opened the door to talk.
 
Disengaging the threat can be done behind the safety of your closed door. Ironic...he peered through the peephole but forgot that he could also talk through the door if need be. Heck, the sound vibrations of a knock could be heard through the door, why not a voice?

Not sure the condition of the bg's ability to pounce, but putting the gun down would have been a better choice once police arrived.
 
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