Home Defense - not hypothetical

[elkhuntingfool]

http://www.news4jax.com/news/13661941/detail.html

JACKSONVILLE, Fla. -- A 24-year-old man was shot several times in an exchange of gunfire with a Panama Park homeowner Wednesday morning during what police described as a home invasion robbery.

Just after 9 a.m., police responding to a burglar alarm in the 7100 block of Elwood Avenue found the door kicked in and witnesses describing gunfire both inside and outside the home.

Investigators said Jonathan Comas and Donovan Thomas, 21, broke into the house, waking up Johnny Johnson.


Johnson said he grabbed his gun and got to the living room in time to see two men turning around to leave.

"I was the first person to shoot, I guarantee it, because they were in my house," Johnson said. "I look up, see the guy and I shoot twice, then I start hearing shots."
Johnson said he fired five or six shots, then dove for cover when he heard gunfire coming from outside.

Police said Comas, who was shot several times, was taken to Shands-Jacksonville Medical Center by Thomas and Sandra Flood, 27, who officers said was driving a vehicle used in the incident. Late Wednesday, Comas was reported to be in critical condition.

Johnson's mother got a call from her son saying someone was in the house.

"He said, 'Mom, somebody broke into the house. I think they're still in here,'" Joann Christopher said. "As he's talking to me, I'm hearing gunshots."

Johnson told Channel 4's Dan Leveton that he thinks the men turned around and started to leave because there wasn't much in the house. Police think they might have been scared off by the alarm.

"I'm lucky to be alive," Johnson said. "Somebody could have died, and I could have been me."

Police said Thomas and Flood were be arrested and charged with home-invasion robbery. They were ordered held without bond pending an arraignment on Aug. 2.

Officers said Comas was absentee booked on the same charges as he remains hospitalized.

 

[Alphazulu6]

Great shoot! 100% why I have a pistol with me even when in the home. I bet he is happy he had a pistol with those armed BG's

 

[elkhuntingfool]

Heck yeah he's happy he had them. He even exlaimed "I was the first one to shoot - guaranteed!" Heck yeah - if you're the second one to shoot at CQ - you're in trouble!

 

[indie]

does it not concern anybody that he saw two men turning around to LEAVE.

then fired at them on the way out..

 

[Geno]

No, it doesn't bother me...not one bit. They could have spun to shoot, and he'd have been dead! He had grounds to shoot. They were in his house. They were armed. This isn't a boxing match. This is why I carry 24/7!

This week, I have been working on refinishing the living room floor for the Mrs. I have been carrying my Glock 19C ITW up front. That is because 80% of the time I have been on hands & knees, and sanding with a very loud electric sander. I have had to leave ALL of the windows open due to chemical use (stripper, etc), and was using 3 very big, very loud fans to move the air. The short of it, if I can't hear the telephone over the tools, I could never hear someone sneak through the open windows.

By having the pistol on the stomach, the bad guy wouldn't even see it before I draw. An additional strategy that I have tried to use was to keep my face toward the entrances, and my feet to the walls (just like when out at the restaurant)...back to the walls. That way, peripheral vision hopefully would kick in.

But, if you think I would wait to shoot to see if they were going to leave, I say you are kidding, right? In Michigan, we are not required to wait. Thank goodness.

Doc2005

 

[fletcher]

does it not concern anybody that he saw two men turning around to LEAVE.

then fired at them on the way out..

While legally this could be looked at as a no-no, ethically/morally, they deserved every bit of it.

 

[sonofodin]

Hell with em. They are scumbag criminals and got what they deserved. So what if they were not turned? They probably would have hurt the home owner anyways. Besides, with the amount of fire exchanged I think I'll carry extra reloads around the house for my 870. Good shoot. Castle Doctrine rules! The fact that they where packing just goes to show that they planned on getting what they wanted anyways, via force or not.

 

[gunsmith]

LOL

does it not concern anybody that he saw two men turning around to LEAVE.
then fired at them on the way out..

I doubt many here share your concern.

Once you commit a serious home invasion, all bets are off.
They took their chance....and lost.

 

[sonofodin]

Agreed.

 

[indie]

im not concerned out of sympathy for the criminals, im concerned out of bad decision making by the homeowner.

to me, the guy doesnt sound too bright from a legal standpoint. He is very fortunate he is in florida.

i agree, they got what they deserve, but you still have to use judgment to make sure you dont get what you dont deserve

 

[Black Adder LXX]

If you don't want to get shot, don't start an armed home invasion business... The retirement plan is not too good...

He did what was reasonable for the safety of his family. Anybody that invades my home isn't going to get the chance to hurt my wife or kids.

 

[pbonebright]

Yeah they got what was coming to them alright. +1 for castle doctrine and good guys. Every time I hear of someone letting these guys go bc they are fleeing etc I just think the next victim might not be so lucky to get the drop on them. Don't get me wrong, I'm not going to do something to get a murder or wrongful death charge if the law is not on my side, but I could care less if they are shot in the front, back, or lined up against the wall crying for their mama once they have armed invaded someones house. Saved the next guy from having to do it, maybe after they have succeeded a few times and maybe killed innocent people.

 

[irishscott]

+1,what black adder said,come into my house illegally to do harm,i'm shooten'.

 

[buck00]

The thing that concerns me is he told police they "turned to leave" and then he began shooting. Not a wise legal move. He should have edited his own comments.

First off, he is now at the mercy of the DA. The DA could hit him with attempted manslaughter. There was no threat, they were leaving. He could have kept quiet and dialed 911.

The bigger problem is a civil suit. These two perps could sue him. All they have to do is find a sleazy personal injury type lawyer who pays all expenses up front for his client... and the home owner is going to be paying legal defense fees for the next 12-36 months even if it doesn't go to trial.

Moral of the story- watch what you say after a home defense shooting.

 

[xjetpilot]

Does it not concern anybody that he saw two men turning around to LEAVE. Then fired at them on the way out.

If they were unarmed ... maybe, but when these thugs enter the house armed, all bets are off IMO. There is only one reason for a armed home invasion, and I'm not going to die trying to "talk my way out of it" so some liberal can feel good about it the next day.

Let's face it folks, these scum are no longer in it for just the cash or merchandise. Shock value, terror, and rape are the new thrills of this generation. As far as I'm concerned, I value human life, but when it comes to armed home invasion, the rules of engagement are no different than in combat.

...These two perps could sue him.

You've got to be kidding me, right? On what basis would they have any legitimate lawsuit when they kicked the door in and entered armed? They may try, but no jury in the country, regardless of how ignorant they may be, would buy into that argument. I do agree that the homeowner should have kept his mouth shut after the incident.

 

[gotarheels03]

does it not concern anybody that he saw two men turning around to LEAVE.

then fired at them on the way out..

Nope, not at all. I think anyone who breaks into someones home deserves to get shot. They just committed a forcible felony by breaking into the house. Every state should adopt the castle doctrine. Your home is one place you should absolutely be able to protect with deadly force.

 

[indie]

justice and the law are two completely different animals.

 

[Geno]

Indie says, "...the guy doesn’t sound too bright from a legal standpoint. He is very fortunate he is in florida." That's true. Good so he can defend himself. What should he have done, complied and died? Furthermore, Indie adds, "...justice and the law are two completely different animals." I am confused, I have always believed that all laws must be just. Tell me, Indie...if you had to vote for or against Castle Doctrine, would you support it? I see a shoot this way...horridly regrettable, hopefully avoidable, but eminently justifiable. My house, my family, my life, my right. See, it's all about me. It's all about me living. I am not trying to be a smart-posterior. I have a daughter, a wife, and frankly a Constituional right to life.

 

[indie]

i support the castle doctrine, I am in a castle doctrine state and i'm glad for it.

But at the same time. I am a soon to be attorney. I graduated from Law School and im taking the bar in a week.

The law isn't always just. There are many people rotting behind bars for putting justice before law.

 

[Geno]

Congratulations on the graduation...what a tremendous amount of work! Best of luck on the bar. I recall my sister studying for bar after graduating Wake Forrest!

Certainly there are people unjustly convicted, but that further illustrates our need to assert ourselves as citizens and firearms owners. I refuse to allow the decision-making regarding my life and my family's lives to rest in the hands of an "illegitimate dog" who would break into my home. Somehow, I fear I would come out on the losing end.

Again, congratulations on your accomplishment.

 

[indie]

Thank you Doc! I appreciate that. We are on the same side. I just find it difficult not to think of legal ramifications of defense situations.

I'd hate to see guys defend their home and family, but still end up losing their life to incarceration. You cant protect your wife and kids from prison.

We both agree that you have to make the decision that preserves your own life and the lives of your loved ones.

 

[BullfrogKen]

I would like to remind some of the new members about the "no bloodlust" policy here in S&T.

pbonebright said: Yeah they got what was coming to them alright. +1 for castle doctrine and good guys. Every time I hear of someone letting these guys go bc they are fleeing etc I just think the next victim might not be so lucky to get the drop on them. Don't get me wrong, I'm not going to do something to get a murder or wrongful death charge if the law is not on my side, but I could care less if they are shot in the front, back, or lined up against the wall crying for their mama once they have armed invaded someones house.

That is the type of conversation the policy prohibits.

 

[748]

In my house no alarm will go off.
But a sawed off 12ga will.

 

[pbonebright]

Sorry Bullfrog that was over the top. I was referring to the attitude I would have on a jury rather than behind the trigger; hence the don't get me wrong qualifier but I'm not excusing it. I wanted to reiterate the point that many of the home invaders are repeat offenders who will continue to refine their craft until they are put away for a very long time or otherwise stopped. The ones who didn't get shot in this one - any odds as to how long until they are out on the street?

 

[494thSpecialOps]

Florida has a stand your ground law.just thought i would let ya know