Jury acquits man who shot police officer

[Ian]

http://www.miami.com/mld/miamiherald/news/local/13713521.htm?source=rss&channel=miamiherald_local

A little more than two years ago, Mario Barcia Jr. was awakened in the dead of night by banging on his door. Startled -- and shaken from two previous robberies -- he grabbed his gun and ran to the front of the house.

Within a matter of seconds his life would change forever. Seeing what he described only as a bright light shining through his back door, Barcia fired a single shot.

Five shots were returned. Then Barcia fired twice more.

His first shot had hit Miami-Dade County police officer Chad Murphy in the back.

So the guy ignored Rule #4 (know your target), but the cop ignored Rule #0 (don't go over 7-foot fences and traipse around peoples' houses in the middle of the night).

I'm glad to see the guy aquitted (BTW, the cop was hit in his vest and suffered only a bruise), but sadly they've pretty much ruined the guy's life. I hope he can at least get the cops to pay his legal fees.

 

[BostonGeorge]

It sounds like a good shoot to me, and luckily it happened in a place with reasonable laws and reasonable people. If this happened in my neighborhood, I'm not so sure the outcome would be the same.

 

[TexasRifleman]

Sounds like a good shoot THROUGH the back door?

He's lucky to get an acquittal, that's a pretty iffy scenario......


Edit: Re-read the part about the porch, I didn't realize the cop was INSIDE.
Yeah, good shoot.

 

[EmGeeGeorge]

I don't know; Not being there, or being in the situation, I think shooting through a locked door is wreckless and irresponsible... I don't think he should have been convicted or even tried of attempted murder of a police officer, but look at it in another way... The house hade been burgalarized previously; reports were filed, neighbors were probably notified... let's say a strange man is reported by a neighbor to the police at the back door of your house... the cops show up five or ten minutes later... they see no one, but know the house has been broken into before... so he knocks, loudly, to see if the residents are alright... no answer, so as he is turning to leave or check out the back door, "boom!" he is shot in the back! He returns fire... what if the pregnant wife had come down the stairs to see what was up with her husband, then got hit? (as far as the cop was concerned, the house was being burgled again and it was a baddie shooting at him) All because his first thought at seeing a flashlight beam, none-the-less, was to fire... I take what I said back before... even not being there, or in his mind-set, I think this guy was a moron. When you start to let fear, and fear alone, guide your actions, it is time to put away the gun...

 

[Ian]

To be clear, the Miami Herald is saying that the back doors were French doors - so all glass. Like shooting through a window, not a solid wooden door.

 

[EmGeeGeorge]

Oh. I guess that makes it okay then... I'll just leave my door open then and shoot anone who comes through. IF HIS HOUSE HAD BEEN BURGALED SEVEREAL TIMES PREVIOUSLY, WHY DIDN'T HE INVEST IN (A.) A BETTER DOOR OR (B.) SOME SECURITY BARS...? POOR PLANNING ON HIS PART...

 

[Phoenix_III]

He shouldn't have shot what could have been a 15 year old person with no weapon. If the target is in your home, that's one thing, but just on the outside, no visible weapon or anything, is NOT justifiable shooting. He was lucky the officer was wearing a vest. However, that wasn't good SOP for the officer without waking up the occupants, espeically in an area where robberies occur, let alone this poor sob's house where it would be the third one.

 

[BostonGeorge]

Oh. I guess that makes it okay then... I'll just leave my door open then and shoot anone who comes through.

AFAIK in Florida this would be perfectly legal.

If the target is in your home, that's one thing, but just on the outside, no visible weapon or anything, is NOT justifiable shooting.

As far as I'm concerned, he was in the house. It wasn't just like somebody standing on your front stoop, the officer had jumped a wall into and enclosed rear yard, and had entered an enclosed porch. While the shoot is certainly questionable morally, it seems pefectly legal under current Florida statute.

 

[Optical Serenity]

He shouldn't have shot what could have been a 15 year old person with no weapon. If the target is in your home, that's one thing, but just on the outside, no visible weapon or anything, is NOT justifiable shooting. He was lucky the officer was wearing a vest. However, that wasn't good SOP for the officer without waking up the occupants, espeically in an area where robberies occur, let alone this poor sob's house where it would be the third one.

I agree...while the officer probably shouldn't have been back there (I don't know, I wasn't there, I don't like to second guess what officers do while on duty). I also think the guy was very reckless in the shooting. The target was not yet a threat, and in Georgia it would not have been justified. GA law specifically says the threat has to be breaking in, not just standing around outside.

Not to mention the presence of the uniform. Double check what you want to shoot before pulling the trigger.

 

[Ian]

This pic of Oleg's seems perfectly appropriate for this situation:

Lowy highlighted that point during closing arguments, shutting off the lights in Miami-Dade Circuit Judge Rosa Rodriguez's courtroom, then shining the bright light into the eyes of each juror for a few seconds.

It was impossible to see who was behind the flashlight.

''When someone comes into your house, over a 7-foot fence at 12:40 a.m., you don't expect it to be the police,'' said Lowy. "They were unlawfully there.''

 

[HankB]

Unless the door is being hit so hard it's splintering, no, shooting through a door is not a good idea.

Many years ago, when I was still an apartment dweller, I was woken up in the middle of the night by a loud pounding on my door and shouting in the hall.

I was . . . let's say prepared . . . should the door be breached, but I most certainly did not shoot through the door.

Turned out it was a couple of somewhat inebriated college guys looking for a buddy, and they were on the wrong floor.

 

[MechAg94]

If Barcia had a reason to believe a felony was being committed on his property, or that his or others lives were in danger, the judge added, he could legally fend for himself.

I think it largely depends on your own state's laws.

The article says a rock hit the officer's car from what they thought was the general direction of the house. Later, other officers were banging on the front door when this officer jumped the wall and entered the patio. Should they really be conducting a search of a house over a rock even if they thought no one was home?

If he hadn't fired, and the officer saw him with his gun, would have officer have shot him?

It may not have been a perfect shoot, but I am glad they acquitted him.

I guess a better plan would have been to retreat back to the bedroom with the wife once he realized there were guys at both doors. The 911 call might have helped end that situation by then. Hard to say. I wan't there.

 

[Ian]

Hank - French doors, man. Glass, not wood. He didn't make a blind shot, he fired at a person shining a flashlight at him.

 

[MechAg94]

Unless the door is being hit so hard it's splintering, no, shooting through a door is not a good idea.

Many years ago, when I was still an apartment dweller, I was woken up in the middle of the night by a loud pounding on my door and shouting in the hall.

I was . . . let's say prepared . . . should the door be breached, but I most certainly did not shoot through the door.

Turned out it was a couple of somewhat inebriated college guys looking for a buddy, and they were on the wrong floor.

Someone above said it was a glass door.

I think a guy got shot and killed a couple years ago in the Houston area who came home drunk and tried to enter the wrong house. No charges.

 

[MechAg94]

All Police Officers must now wear Glow in the Dark insignia to identify themselves. Neon signs on their head gear will be required by the end of the year.

 

[EmGeeGeorge]

Hank - French doors, man. Glass, not wood. He didn't make a blind shot, he fired at a person shining a flashlight at him.

again his house had been burgled previously; why the french door...?:banghead:

 

[HRLRDR22]

good for him being acquitted....though hes lucky hes not dead....surprised the other officers didnt shoot him to death for firing on them first...i know around here i woulda had 50 buyllet holes in me...and someone woulda made money

 

[Michael Courtney]

So the guy ignored Rule #4 (know yo...cquitted for his actions. Michael Courtney

 

[BostonGeorge]

again his house had been burgled previously; why the french door...?:banghead:

Maybe he couldn't afford $1500+ to replace the doors, maybe he was renting. Not everyone can take on a major remodeling project on a whim.

 

[MechAg94]

They didn't mention if the police cars were outside with their lights flashing. That might have helped.

Either way, he had unidentified guys banging on his front door and a guy shining a light through his back door from inside his patio. If the officers had done what they should have done, this wouldn't have happened.

 

[EmGeeGeorge]

This pic of Oleg's seems perfectly appropriate for this situation:

Alot of this stuff is inflammatory b-s. In this case, if a cop sees a man with a gun anywhere, can he shoot him, because at one time in the past a baddie pointed a gun at him, right? I can shoot your kids on halloween because they are dressed up as paramiltaries, or witches(I hate witches), and I feel threatened and they are on my property, uninvited... common sense should always prevail. The dude in florida displayed very little...

as a point ICO Florida's laws concerning being able to shoot people when you "feel" threatened in your household...

My cousin works for Child Protective services down there somewhere... she also does probation stuff... she is looking to leave the area and go to school for a career change after what happened to a co-worker... her co-worker was conducting an interview with an irrate, angry father who's fitness as a parent was in question after abuse allegations... He threatened to shoot her(yes he had a gun) because he felt threatened by her... not physically, but he "had reasonable fear" that she may file a report to have the child removed from the house. So, is he justified? Why not?

If cops have a fear that any home they may respond to might have an armed resident (paranoid armed resident) what will happen to response times? Maybe they should get on a bull horn and announce their presence? So the rapist who is on top of your wife or daughter or mother has time to slit her throat and ready himself for the police? Police science and procedure has grown and developed greatly in the past fiftey years... The intent is to do no harm and prevent death or injury... The tactics they use, like GEE, KNOCKIN' LOUDLY ON A DOOR are done everyday without some a**hole shooting them because he was too stupid to act appropriately... OR GET A SECURITY DOOR AFTER HAVING BEEN BURGLED BEFORE NUMEROUS TIMES...

 

[tom barthel]

jury acquits

As a retired leo i must ask, was there a warrent? Was this hot pursuit? was it the correct address? Were the officers in uniform or all dressed in black wearing ski masks? Did the officers have any training on how to make an entry?
If any tries to force an entry into my home, that person just may get shot. In what I may consider a life or death situation, I absolutely will NOT take the time to read any signs or labels on the intruder's clothing. Mistakes have been made. Even by cops.

I feel for the police officer and the defending resident. If the state had proven it's case, would the shooter have been acquited?

 

[Hardware]

Maybe you shouldn't have to live in a bunker to feel safe in your own home. If it makes this fellow happy to have french doors, no matter how people here feel about the "safety" that's his business.

And about him being shot 50 times, he might be shot at 50 times. But as that LA SUV shooting shows, just because a lawman is shooting at you doesn't mean he's hitting, even at point blank range.

Sounds like some gung ho cops and an overzelous DA got a wake-up call. Too bad it probably cost this citizen a bundle to defend himself against what amounts to sanctioned thuggery.

 

[Ian]

Tom - As I read it, there was no warrant, or question of address. It was a spontaneous action by the officers, not a planned raid on anyone. I don't know the technicalities of hot pursuit, but it doesn't sound like that was the case:

...Sgt. David Dominguez and police officer Thomas Wever were driving down 208th Street near Barcia's home when they heard what they thought was a rock hit their car. They decided to search for who did it, and called for back up.

When help arrived, Murphy and Dominguez made their way over a wall and into Barcia's yard.

 

[Sindawe]

From the linked article:

When help arrived, Murphy and Dominguez made their way over a wall and into Barcia's yard. Both had bright flashlights. At one point Murphy entered a screened porch where French doors led into the home, while Dominguez waited outside it.

This sounds to me like the officers herre had entered the curtilage of Mr. Barcia's home with out just cause.

cur·ti·lage P Pronunciation Key (kûrtl-j)
n. Law
The enclosed area immediately surrounding a house or dwelling.

The LEOs messed up here. The real bummer is the Mr. Barcia has lost his job and his home as a result of the LEO's and the DA's mistakes.