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WaveRunner shooting: Self-defense or a crime?

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  • WaveRunner shooting: Self-defense or a crime?

    This is an intresting situation that's happend this past weekend...An intresting case, I hope the ypung man doesn't face any charges...

    WaveRunner shooting: Self-defense or a crime?

    A thief who was shot in the head by a 14-year-old trying to protect his family was deaf, family members said.


    Read more: http://www.miamiherald.com/2011/05/2...#ixzz1NQZvi0Pa

    BY JULIE K. BROWN AND ANDREA TORRES
    [email protected]

    An intruder prowling outside a waterfront home, a frightened family, a confrontation with a gun, a burglar shot through the head.

    Justifiable killing or a case for prosecution?

    Questions mounted Tuesday about the circumstances that led to the killing of a 20-year-old man when he tried to steal a WaveRunner from a Miami Shores home.

    Police reports indicate that a teen at the home grabbed a shotgun during a confrontation with the intruder and, believing he posed a danger to him and his family, fired. Law enforcement sources said the juvenile shooter is 14.

    The teenager, who was not identified, was home with his mother, Yasmin Davis. His father, attorney Jeffrey Davis, was not present, the report said. Initially, the teenager and his mother told investigators that the intruder threatened them outside their home at 9275 N. Bayfront Dr. It was not clear what kind of threat, and police have not said whether the intruder, Reynaldo Muñoz, 20, of Hialeah, was armed.

    According to Jose Lopez, a family friend, Muñoz could not have verbally threatened anyone because he used sign language and was deaf. Muñoz’s father, Reynaldo Muñoz, said the police report was wrong, but he declined to elaborate.

    “I just buried my son,’’ the father said Tuesday.

    If Muñoz was deaf and couldn’t speak, it may raise questions about the credibility of the family’s story, experts said. Initially, the mother and her son told police that Muñoz indicated he was armed, but their statements have been inconsistent, law enforcement sources said. They have since hired attorneys and not spoken to investigators.

    Meanwhile, Muñoz’s alleged accomplice, Carolina Lopez, 19, was arraigned Tuesday on a charge of felony murder in connection with the death of her boyfriend. Under Florida law, if a death occurs during a felony, the accomplice can be charged with the death.

    The Miami Herald could not reach Davis, either by phone or email.

    Tamara Lave, a law professor at the University of Miami and a former public defender, said it’s unlikely that the state’s Castle Doctrine would justify the killing. Under the law, any criminal who forcibly enters a home or car is presumably there to cause death or bodily harm, justifying deadly force. But Lave said that does not appear to be the case in this incident.

    “The burglar would have had to enter a residence, occupied dwelling or a vehicle, and in this case the burglar was only on the property,’’ Lave said.

    However, Lave said the shooting could have been in self-defense, which allows people to use deadly force to protect themselves from a person who is committing a forcible felony. Burglary is a felony, she said, but it’s murky whether this particular one was forcible.

    “Either way, it may be for a judge or jury to decide,’’ she said.

    The family had been victims of a previous armed robbery at the home, according to police records.

    The attempted burglary on Saturday happened about 2:30 p.m. when Muñoz and Lopez drove to Pelican Harbor Marina in Miami. He parked his truck, and Muñoz put his own WaveRunner in the water, and the couple navigated it to the Davis home. Police said Muñoz then jumped into the water and started walking along a concrete seawall onto the Davis property. At that point, Lopez steered their WaveRunner back toward the marina.

    As he removed Davis’ WaveRunner, Muñoz was “confronted by the homeowner who armed himself with a shotgun in an attempt to protect his family,’’ the police affidavit said.

    Lopez, of Hialeah, confessed the plan to police, explaining that the couple planned on stealing the WaveRunner and selling it for $2,000, the police report said.

    “Any statements that may have been made — or evidence collected — will be investigated,’’ said Detective Roy Rutland, Miami-Dade police spokesman. Miami-Dade is involved in the investigation.

    Two years ago, Davis’ wife was assaulted in the driveway of their home by three men armed with semi-automatics. According to the police report, Jeffrey Davis did not have the remote to open the garage and exited the car to open the door. At that point, the men approached his wife in the car, and threatened to shoot her if she didn’t give them her purse. They then grabbed the purse and fled. She and her husband had just returned from dinner when the crime happened in September 2009. Afterward, Davis installed several security cameras in and around the house.

    Miami Herald staff writer David Ovalle contributed to this report.



    Read more: http://www.miamiherald.com/2011/05/2...#ixzz1NQZZ0Uli
    sigpic

  • #2
    Two years ago, Davis’ wife was assaulted in the driveway of their home by three men armed with semi-automatics. According to the police report, Jeffrey Davis did not have the remote to open the garage and exited the car to open the door. At that point, the men approached his wife in the car, and threatened to shoot her if she didn’t give them her purse. They then grabbed the purse and fled. She and her husband had just returned from dinner when the crime happened in September 2009. Afterward, Davis installed several security cameras in and around the house

    I feel that this is probably the #1 reason why this was a justified shoot. The kid was 12 at the time and it probably shook him pretty bad. Seeing a similar situation only 2 years later I totally understand that, I doubt that if it was prosecuted the jury wouldn't convict.

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    • #3
      I hope the girlfriend (and all her thug friends) learned a lesson, don't go to someone's house to steal their stuff, they just might shoot you dead...
      It's not the will to win that matters...everyone has that. It's the will to prepare to win that matters.
      Paul "Bear" Bryant

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      • #4
        Since when is being deaf a defense to commit criminal activity? Even if the kid did pull the trigger a tad early, the thief would be alive if he had fled; or, better yet, gotten a legitimate job. Too bad, so sad, life goes on and if ya takes your chances, ya reap the results. I hope the girlfriend burns!
        Be courteous to all, but intimate with few, and let those few be well tried before you give them your confidence!

        [George Washington (1732 - 1799)]

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        • #5
          Originally posted by SgtCHP View Post
          Since when is being deaf a defense to commit criminal activity? Even if the kid did pull the trigger a tad early, the thief would be alive if he had fled; or, better yet, gotten a legitimate job. Too bad, so sad, life goes on and if ya takes your chances, ya reap the results. I hope the girlfriend burns!
          Woot!

          Shoulda popped her as well.

          Comment


          • #6
            Don't steal **** and you won't get shot, jack***.
            Lt. Col. Grace - "Lt. Murphey, why are you all dressed up to mack on the ladies?"
            Me - "Sir, you just answered your own question."

            Comment


            • #7
              Originally posted by SgtCHP View Post
              Since when is being deaf a defense to commit criminal activity? Even if the kid did pull the trigger a tad early, the thief would be alive if he had fled; or, better yet, gotten a legitimate job. Too bad, so sad, life goes on and if ya takes your chances, ya reap the results. I hope the girlfriend burns!
              I think the issue is if he's deaf it calls into question the reported series of events.

              Comment


              • #8
                Originally posted by Loren Pechtel View Post
                I think the issue is if he's deaf it calls into question the reported series of events.
                The college that I went to shared the campus with a college for the deaf. I worked for a while in the cafeteria that was on the deaf side of the campus. I can tell you that almost all deaf people can make noise with their mouths. Most of them can even say at least a few words. Quite a few can talk fairly well. I never met a deaf person that couldn't at least yell in some fashion. I would imagine that the deaf guy might have started yelling something unintelligible. That might have freaked the 14 year old even more.

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                • #9
                  It is very easy to imagine the son was afraid for his family's safety, given the prior incident. I would imagine he absolutely handled it the best way he knew in that moment of fear-- a moment that the burglar set in motion when he came on the property with the intent of committing a crime.

                  I hope it doesn't go to trial-- and I hope the son is getting good emotional support.
                  We do not all come to religion over the wandering years,
                  but sooner or later we all get to meet God. -- Edward Conlon

                  Comment


                  • #10
                    Originally posted by Loren Pechtel View Post
                    I think the issue is if he's deaf it calls into question the reported series of events.
                    The issue is the fact that a deaf man was committing a felony and the victim family believed they had to exaggerate to justify the killing. However, whether or not the deaf man responded to their yelling or actions in an attempt to get him to cease and desist, is a mute point. They have the right, if they feel threatened in any way, to protect themselves from harm - real or perceived. The shootiing was justified! I am certain that daddy attroney was putting words in their minds before he too knew the suspect was deaf. Again, it makes no difference. In the end the teenager made the right call and I am hopeful that future mental issue do not arise and cause him strife.
                    Be courteous to all, but intimate with few, and let those few be well tried before you give them your confidence!

                    [George Washington (1732 - 1799)]

                    Comment


                    • #11
                      Originally posted by SgtCHP View Post
                      ...However, whether or not the deaf man responded to their yelling or actions in an attempt to get him to cease and desist, is a mute point...
                      It's only a mute point if the deaf guy was trying to make the point. Otherwise it was a moot point. Unless it was my "Friend" Joey and then the point might have been "moo".

                      Comment


                      • #12
                        Originally posted by JonB View Post
                        It's only a mute point if the deaf guy was trying to make the point. Otherwise it was a moot point. Unless it was my "Friend" Joey and then the point might have been "moo".
                        Mute for Moot is a facetious play on words.........
                        Be courteous to all, but intimate with few, and let those few be well tried before you give them your confidence!

                        [George Washington (1732 - 1799)]

                        Comment

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