Man opens fire on uninvited guests, arrested for murder

[Yoda]

Since Florida has a Castle Doctrine law, this headline caught my attention. Anyone forcibly entering your home can be assumed to be a threat, but "uninvited guests" may or may not qualify. It seems to me that the suspect's actual crime becomes clear near the end of the article (below), when he fires on a departing vehicle.

Lesson for all: DO NOT shoot at someone who is retreating and is no longer a threat. Another lesson: Bad guys will often dispose of a gun before the cops get involved. Even if the uninvited guests actually did have a gun, they sure had many opportunities to get rid of it.

- - - Yoda

====================

Florida Panhandle (near Pensacola): Man opens fire on uninvited guests, arrested for murder

JAY – A 21-year-old man was arrested for murder after a party at his home ended in a firefight.

Robert Franklin Floyd, of the 3400 Block of Country Mill Road, was having a party Friday night when four uninvited guests showed up from Brewton, Ala., according to a Santa Rosa County Sheriff’s Office press release.

The four refused to leave, and Floyd argued with them and pushed one of them, the release said. Floyd alleged that one of the men pulled out a handgun. He ran to his truck and grabbed his rifle.

Floyd said he heard gunshots and saw a “muzzle flash” coming from the direction of the visitor’s vehicle, the release said. As the four drove off, Floyd fired multiple shots with his rifle toward their vehicle.

Shortly after, Floyd called the Sheriff’s Office and gave them his account of the events, the release said. The uninvited guests drove to a hospital in Brewton, where Getyron Lopez Benjamin, 18, was pronounced dead from a gunshot wound.

The three other occupants of the vehicle said none of the four had a firearm, and none was found, the release said. It is not known if Benjamin was the one who allegedly brandished a handgun at Floyd.

Floyd was interviewed throughout Saturday morning. He was arrested on one open count of murder and three counts of attempted murder. He is being held at the Santa Rosa County Jail without bond.

The Sheriff’s Office is still investigating, and no further information was available Saturday night.

Here's the link:
http://www.nwfdailynews.com/news/murder-26303-arrested-opens.html

 

[ArmedBear]

Well, they were leaving in a vehicle, and he shot at them as they were driving down the road, away from his residence.

That's WAY different from the "castle doctrine." The right to shoot someone who forcibly enters your home without fear of prosecution does not mean you have the right to shoot at people in a vehicle, with a rifle, as they drive down the road away from you.

I'm going to wildly guess that this wasn't exactlly a nice, quiet garden party, either...

 

[Big Russ]

Yeah he made a terrible mistake shooting at the group as they were leaving...

What I don't understand about all this is why would they drive back to Brewton Alabama for medical treatment when Pensacola is so close? I would imagine if you have a buddy who's critically injured that you'd get to the nearest hospital - heck they've got signs posted all over the place for them...

 

[The Sarge]

He said he saw muzzle flash and heard gunfire coming from their car so he fired....

 

[ArmedBear]

I'm sure these weren't nice people. The world is probably a better place without Getyron Lopez Benjamin, and I doubt that the other occupants of the vehicle would be missed, either. Their driving to another state for treatment does suggest that they were up to no good.

However, that doesn't give someone the guaranteed legal right to shoot them with a rifle as they drive away and call it self-defense.

If there was a muzzle flash, it could be ruled self-defense (and defense of the other people at the residence). The burden of proof is on Floyd, now, though. Unless he can show that it was a defensive shooting (very difficult in this case), he could get Murder. There isn't "reasonable doubt" that he shot someone with a rifle.

For those who have posted here about their 200 yard home-defense rifles, think about this.

 

[The Sarge]

I agree totally...I would have never been in the situation to begin with much less open fire on a car leaving.........I also agree ...I doubt these people darkened the door of a classroom often....

 

[61chalk]

The jury is going to have to decide this case....after hearing all the evidence
that we don't have.

 

[ArmedBear]

The jury is going to have to decide this case....after hearing all the evidence
that we don't have.

...and after Floyd is financially ruined by legal costs. A PD would probably offer to help plea-bargain it down to manslaughter or something.

Again, things to think about.

 

[NavyLCDR]

Haven't there been party crashers at the White House before? I wonder if this would set some sort of precedence if the men in black decide to shoot at White House party crashers in the future?

Sounds like a Florida redneck party gone awry and the stupid shall be justly punished. I've been to a Florida redneck party before and had a great time, barely able to crawl away from it... but I was invited.

 

[Yoda]

For NavyLT

Redneck parties?

I once picked up a hitch-hiker in the Florida Panhandle. There was lightning all over and even though it was about 9 o'clock in the morning, the rain was so hard that it was almost pitch black. I asked the guy what he was doing out here in such bad weather, and he said, "I don't know. Last thing I remember, I was at a party in Crestview. Then I woke up and found myself down here (Fort Walton Beach, about 30 miles away). I'm going to be late for work."

Must have been some party.

- - - Yoda

 

[Double Naught Spy]

Floyd said he heard gunshots and saw a “muzzle flash” coming from the direction of the visitor’s vehicle, the release said. As the four drove off, Floyd fired multiple shots with his rifle toward their vehicle.

Sounds like if Floyd can't prove the other folks had a gun and were shooting [at him] that he is going to have trouble with his case. Ideally the occupants of the car and possibly he car itself should have had GSR.

 

[wishin]

What started out as party crashers and then became simple trespass, wound up as possible self-defense (assuming the pulled gun claim is corroborated). There should have been plenty of witnesses to the event. Just one buddy saying he saw a gun pulled by the crasher won't cut it. In any event, shooting at a fleeing car will be hard to defend.

 

[Bhamrichard]

Must have been some party.

I've been to, and hosted, a few of these parties. Mostly guys and their spouses I went to high school with. We call them "old people" parties these days. If I'm hosting, keys get taken, spare bedrooms are available etc etc.. no one leaves my house impaired. Occasionally some of their kids will come (21+, which says a lot about why we call them old people parties) and they try to keep up.. that's fun to watch.

I'm not familiar with Florida's Castle Doctrine in detail, here in Alabama the law was changed a few years ago to apply the Castle Doctrine to anywhere "I am legally able to be at". My home, the middle of the street, my neighbors house, or standing in the middle of wal-mart. As long as I'm legally allowed to be wherever I'm at, there is no duty to retreat and cower.

I hope the young man has his facts straight and can prove his case. Ok did a little quick research, seems Florida's castle law is very similar to Alabama. If the guy can prove he was being shot at (very difficult I'm sure), he should be ok. Here's hoping he get's a good attorney..

 

[Gouranga]

Seems to me the police could have tested the guys for GSR. Not sure if it would have proved anything as they drove to another state after the event but at least IF they had some on them, they could not say they never had a gun at anytime.

But yeah one of the first CCW lessons on use of deadly force was deadly force cannot be used when they are retreating, i.e. the threat has ended. It all depends though, if they were fireing as they were driving away then you could argue self defense but he needs to prove that.

 

[Art Eatman]

Pointless speculation, when we really don't know the actual facts about the circumstances...