http://www.palmbeachpost.com/localnews/con...elfdefense.html

Self-defense law troubles prosecutor
By LARRY KELLER
Tuesday, June 26, 2007

State Attorney Barry Krischer doesn't like the Castle Doctrine self-defense law used to acquit Norman Borden of murder on Monday, but he says he has no misgivings about prosecuting the case.

"This office wasn't going to give him a free ride on the second nine shots," Krischer said Tuesday. "That's a community question."


By community, he means a jury. And he intends to try cases in the future where self-defense is at issue if there are doubts.

Borden, 44, was acquitted of two counts of first-degree murder, one count of attempted first-degree murder and shooting into an occupied vehicle in Palm Beach County's first Castle Doctrine trial.

He said he fired 14 shots at three men in a Jeep that tried to run him down because he feared for his life. Christopher Araujo and Saul Trejo were killed. Juan Mendez was wounded. After firing five shots through the windshield, Borden went to the driver's side and shot nine more rounds. Assistant State Attorney Craig Williams argued at trial that the threat to Borden ended after he fired the first five shots, and he no longer acted in self-defense after that.

Florida's Castle Doctrine law overturned court rulings that people had a duty to retreat from violent encounters except inside their homes. Now a person can meet force with force, even deadly force, almost anywhere if he believes it is necessary to prevent death or great bodily harm.

"The days when they said, 'shoot someone and drag them inside' are over. Now they can just leave them in the yard," said Nellie King, a West Palm Beach criminal defense attorney.

"I would hope that citizens won't come away with a false sense that firearms offenses won't be prosecuted," King said. "I think they will be."

And those defendants convicted of crimes with a firearm face tough sentences, she said. King noted that even though Borden was acquitted, he spent eight months in jail, lost his home and endured other hardships.

The Castle Doctrine states that one can use force if he or she "reasonably believes it is necessary to do so" to prevent death or great bodily harm. That troubles Krischer. In the Boynton Beach Mall shooting on Christmas Eve where one gang member killed another, both could have claimed they acted in self-defense.

Krischer expects more such scenarios in the future. "Who really is out there shooting each other? The gangbangers."

Defense attorneys say the law will help them in some cases.

"I think the Castle Doctrine is like anything else we look at in the law. It's confined to the facts of the case. No factual situation is ever the same in self-defense. (But) it could open the door to more acquittals," said defense attorney Michael Salnick.

"More people may be acquitted under certain circumstances," said Gregg Lerman, another defense attorney. "I don't think people are going to be running around with guns" who otherwise wouldn't be because of the Borden outcome, he said.

A better test of the Castle Doctrine will be in, say, a Wal-Mart parking lot when a customer "is attacked and gets a gun instead of driving off to safety," Lerman said. While Borden wasn't in his home, he was close by and may have been unable to flee, he said.

"What's scary is ... there is always the issue of a stray bullet killing somebody," Salnick said. "I'd like to think we're not going to have a version of the Old West in our community."

Krischer added, "I dislike the law because it encourages people to stand their ground ... when they could just as easily walk away. To me, that's not a civilized society."

.

To this Florida State Attorney*, a civilized society is apparently one where we let the criminals control the streets.


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* In Florida, unlike most places, all serious crimes are prosecuted by state attorneys, not county attorneys.

Yeah, I guess getting run over is better. Sad he had to spend time in jail, and loose his home. But he's not roadkill.




Unlikely. If you're attacked, you don't usually have the option of "going to get your gun", unless the slimeball graciously allows you a timeout.
May have been unable to flee? How many people can outrun a jeep?




Another old cannard to put to rest. This just plain and simple doesn't happen.

Gee, I hope gravity doesn't suddenly revers itself, because then anarchy would prevail, and we'd have a version of the old west.



Walk away from a bullet, or a jeep, or outrun someone with a knife who's in your face. You go first, and let me know how that works out.

SHEEEEESHHHHHHHH

http://www.twincitiescarry.com/forum/viewtopic.php?t=6007

Well, same incident, different article, and different issue: numb-nutted prosecutors.

Even if I could merge these threads, I wouldn't.

Not quite a dupe, call it a continuation, you know like Part 2................

ETA:
Thanks Andrew, you must have been replying just as I was typing.....

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From the other thread:

OK Dean, it broke the line....does it count as a 9 or an X............
or is it a COM....................

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OK, let's see how the Florida State Attorney reacts to this one:

http://www.nbc6.net/news/13585506/detail.html?dl=mainclick

Subways Customer Shoots, Kills Robbery Suspect
Second Suspect In Critical Condition
POSTED: 7:48 am EDT June 28, 2007
UPDATED: 11:23 am EDT June 28, 2007

PLANTATION, Fla. -- One man is dead and another in critical condition after the duo was shot by a customer while they were attempting to rob a Plantation Subway shop Wednesday night, police said.

Police said 71-year-old John Lovell II used a licensed gun to shoot the alleged robbers at the Subway on North Pine Island Road and Sunrise Boulevard.

One customer, who stopped by the restaurant as the incident was taking place, had this to say to NBC 6's Tisha Lewis:

"If I came by five or 10 minutes earlier, they could have caused a situation where they could have shot me. A lot of things went through my mind," said Sebastian Shakespeare.

According to investigators, two armed men entered the restaurant, pointing guns and demanding money. Lovell turned around and saw a gun pointed at his face. Plantation police said that's when he took the law into his own hands.

"As the customer was being forced into the restroom at gunpoint, the customer, who was in fear for his life and legally armed, shot the robbery suspects," said Plantation Police Dept. Spokesman Robert Rittig.

Police said one of the suspects was fatally shot in the head. He was identified as 22-year-old Donicio Ricardo Arrindell.

The other suspect, 21-year-old Fredrick Gerard Gadson, was shot in the chest and was able to run nearly 300 yards into a nearby Bank Atlantic parking lot while trying to escape, police said.

"It's a scary situation. I had a friend who worked here late at night all the time. It's very scary," said customer Elliott Clement.

Investigators were still inside the restaurant early this morning searching for evidence.

Anyone detect any media bias?



Plantation police made no mention of vigilantism, as the newsie implies. Rather, they reinforced that the customer acted in a lawful manner.

Here's my message to the TV station:



Why not send your own?

http://www.nbc6.net/contactus/index.html

"taking the law into your own hands" is a phrase with a very negative connotation. That's what the robbers were doing, not the hero. Message sent.

Message (plagiarized) sent................

.

None of the above. You're just going to go to hell, that's all.

Already been there...............

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Wow, another older fellow not taking it from evil perps

Two bad asses stopped by someone who had the means and nerve.

They may not have come out of the restroom alive