Interesting FLA Case ...

[Dave P]

... because the front door was open, but the man was shot on the porch, not inside the house AFAIK.

No charges after man kills neighbor

Resident defending self, state says

BY RICK NEALE
FLORIDA TODAY

A South Patrick Shores man was legally defending himself when he shot and killed a man pounding on his front door in September, a state attorney has ruled.

Volusia County State Attorney John Tanner has decided to drop a charge of manslaughter with a firearm against Gary Otto, 48. Otto faces no criminal charges in the nighttime shooting death of his Waterway Estates neighbor, Dan Twadell, 40, said Linda Pruitt, spokeswoman for Tanner's office.

Otto was charged with manslaughter after shooting Twadell in the head at close range with a .357-caliber revolver. Otto and his 85-year-old father were sleeping when Twadell and three other men beat on the door and threatened to kill him, police reports show.

The dispute was sparked after someone slashed tires on two trucks in the driveway of Twadell's Skylark Boulevard house. Twadell, a computer software engineer, had been drinking at Sports Page Bar in Satellite Beach hours before the shooting.

Twadell's blood-alcohol level was more than twice the legal limit when he confronted Otto, records show. His three companions also had been drinking.

In his ruling, Tanner wrote Florida's "Castle Doctrine" law permitted Otto to use deadly force during "what appeared to be a home invasion type of violent attack."

"Mr. Otto had good cause to fear for his life and personal safety and that of his elderly father," Tanner stated.

Tanner investigated the case instead of the Brevard County State Attorney's Office because Otto's brother is a Titusville police commander.

zzzzzzzzzzzzzzz
Moral of story: if you are out late at night doin' serious drinking, don't confront your neighbor on his front porch afterwards (with your buddies!).

 

[DunedinDragon]

Thank God the DA in this case interpreted the laws appropriately and wasn't trying to use this to get some politcal mileage for his career. There's no doubt in my mind that it would be reasonable for a normal person to be in fear of great bodily harm if, in the middle of the night, he's confronted by several men banging on his door and threatening him. The test under Florida law is exactly that...reasonable to be in fear given the circumstances.

I guess my only concern here is that, under the new laws, the burden of proof is on the police to determine that it would be unreasonable for the man to be in fear of his life before he can be charged. It makes me wonder if they charged him immediately, or if he was charged after an investigation was done.

Of course I may be jumping to conclusions since the story cited doesn't state when this occurred...before or after the change in the law.

edited to say: DUH...just re-read it and it said it was in September which I think is after the new law went into effect.

 

[TarpleyG]

The law went in to effect October 1st, after this incident. We have had an unofficial castle doctrine here for quiet some time as I understand it. The new law just made it crystal clear and removed the ability for the victim to sue in civil court.

Greg

 

[antarti]

I think the Oct 1st revision on Castle Doctrine had nothing to do with it. Those provisions just redefined "wherever you have a legal right to be" as your new "Castle". Florida has allowed "Castle Doctrine" in, well, your castle before.

DA did the right thing not pushing for charges. I doubt any jury here would find 3 drunks beating down your door at 3am to be "unreasonable" fear.

 

[Standing Wolf]

Otto and his 85-year-old father were sleeping when Twadell and three other men beat on the door and threatened to kill him, police reports show.

That kind of behavior would definitely get you an invitation to play toe tag at the morgue in my neighborhood.