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Homeowner had 'a right to resist'
Herald Tribune.com ^ | March 17, 2007 | TODD RUGER

Posted on 03/17/2007 5:12:07 PM PDT by glorgau

SARASOTA -- John Coffin won't spend any more time in jail for beating up two sheriff's deputies inside his house, striking one in the head with a Taser gun he took from the other.

Circuit Judge Rick De Furia said at Coffin's trial Tuesday that he doesn't condone the violence against the deputies.

But Coffin, 56, had a right to defend his family and property because the deputies had no right to be in Coffin's house in the first place, De Furia said.

"Law enforcement was responsible for the chain of events here," De Furia said. "I think in situations like this, officers become so frustrated they go beyond what the law allows them to do."

The fight started when Coffin heard his wife screaming in pain, went into the garage and saw two deputies arresting her on the floor.

The deputies were trying to serve Coffin with civil papers that had been given five days earlier. They had entered the garage even though they did not have a search warrant or arrest warrant.

And they arrested Coffin's wife, Cynthia, 50, on obstruction charges even though she had no obligation to follow their orders to bring her husband outside.

"The most critical is the fact the officers broke the law by stopping the garage door from going down," and then entering the garage, De Furia said.

A jury was picked for the trial Monday. But the judge granted a motion by Coffin's attorneys, Derek Byrd and Brett McIntosh, and acquitted John Coffin on five of six felony charges Tuesday morning.

Coffin pleaded no contest to the remaining charge of taking a Taser gun from one of the deputies during the fight.

Before handing down the sentence, De Furia asked how long Coffin spent in jail after his initial arrest.

"You spent eight days in the Sarasota County jail," De Furia said. "That's your sentence. No probation."

Relatives applauded, and Coffin walked out of the courthouse with only a $358 bill for court costs. The sentence surprised even defense attorneys, who had suggested De Furia sentence Coffin to probation.

Prosecutors had asked for more than a year of prison time because of "the totality of the case" and the injuries to deputies James Lutz and Stacy Ferris, whose name is now Stacy Brandau.

The two deputies testified about their injuries Tuesday -- three blows to the head with the butt of the Taser gun knocked Lutz unconscious.

"I just ask that he doesn't get away with this," Brandau told the judge.

Assistant State Attorney Jeff Young told the judge the case "could have been over in five seconds" if the Coffins "had simply come out and cooperated."

"That is a man who took it upon himself to beat up two police officers," Young said.

De Furia said that while he believed the deputies' mistakes were not intentional, the Coffins had every right to lock doors, try to close their garage door and not cooperate.

"What took place in the house was unfortunate," De Furia said, "but Mr. Coffin ... had a right to resist."


TOPICS: Crime/Corruption; Government; News/Current Events
KEYWORDS: adrenalinecowboys; banglist; donutwatch
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Reminder to self: when hitting officers of the law that are in my home illegally, don't beat them with their taser.

Otherwise, good for him.

1 posted on 03/17/2007 5:12:09 PM PDT by glorgau
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To: glorgau

He should have turned the Taser on both of them. Then laugh while they jerk and foam at the mouth.


2 posted on 03/17/2007 5:14:42 PM PDT by TommyDale (What will Rudy do in the War on Terror? ImAplement gun control on insurgents and Al Qaeda?)
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To: glorgau

There should not have been a charge for the Taser and he should not have had to pay court costs. IMO.


3 posted on 03/17/2007 5:16:07 PM PDT by uptoolate (If it sounds absurd, 51% chance it was sarcasm.)
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To: glorgau; elkfersupper
Coffin pleaded no contest to the remaining charge of taking a Taser gun from one of the deputies

Must remember to bring my own Taser.

4 posted on 03/17/2007 5:28:04 PM PDT by razorback-bert (Posted by Time's Man of the Year)
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To: glorgau

Those cops were lucky that was all that happened.


5 posted on 03/17/2007 5:28:39 PM PDT by The Worthless Miracle (I think Jamie Dupree is annoying.)
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To: uptoolate

Those cops are now the laughing stocks of the force. That alone is worth the cost.


6 posted on 03/17/2007 5:29:32 PM PDT by Jeff Chandler (] Tagline Under Construction [)
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To: uptoolate
There should not have been a charge for the Taser and he should not have had to pay court costs. IMO.

And the two incompetent cops should have been fired for general stupidity, and allowing a mere civilian to take their weapon away.

7 posted on 03/17/2007 5:36:50 PM PDT by 300winmag (Overkill never fails)
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To: Jeff Chandler
Don't be to mean to these "cops", together they were able to cuff the woman.:)
8 posted on 03/17/2007 5:43:51 PM PDT by HuntsvilleTxVeteran (Remember the Alamo, Goliad and WACO, It is Time for a new San Jacinto)
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To: glorgau
don't beat them with their taser.

Apparently the beating was ok, he pled to taking it from them. If he had grabbed a blunt object in the garage, it sounds like he would have walked.

9 posted on 03/17/2007 5:51:50 PM PDT by PAR35
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To: 300winmag

And the prosecutor should be fired.


10 posted on 03/17/2007 6:04:08 PM PDT by uptoolate (If it sounds absurd, 51% chance it was sarcasm.)
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To: glorgau
Assistant State Attorney Jeff Young told the judge the case "could have been over in five seconds" if the Coffins "had simply come out and cooperated."

This disturbs me. It's almost as though the ADA is saying, "It doesn't matter that my deputies violated the constitution and entered a man's house illegally. If they had just done what we wanted, we wouldn't have hurt them."

11 posted on 03/17/2007 6:07:15 PM PDT by domenad (In all things, in all ways, at all times, let honor guide me.)
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To: glorgau

the 2 ass-clown deputies should be fired, and Coffin should be made an honorary deputy.


12 posted on 03/17/2007 6:08:22 PM PDT by isom35
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To: glorgau
A jury was picked for the trial Monday. But the judge granted a motion by Coffin's attorneys, Derek Byrd and Brett McIntosh, and acquitted John Coffin on five of six felony charges Tuesday morning.

So is the guy now a convicted felon?

13 posted on 03/17/2007 6:30:15 PM PDT by supercat (Sony delenda est.)
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To: glorgau

These officers must have trained in Mexico...


14 posted on 03/17/2007 6:30:40 PM PDT by Dallas59 (AL GORE STALKED ME ON 2/25/2007!)
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To: glorgau
"That is a man who took it upon himself to beat up two police officers," Young said.

So, who is he supposed to call to beat them up for him, Mr. Young?

15 posted on 03/17/2007 6:32:41 PM PDT by ApplegateRanch (Islam: a Satanically Transmitted Disease, spread by unprotected intimate contact with the Koranus.)
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To: uptoolate
There should not have been a charge for the Taser and he should not have had to pay court costs. IMO.

Plus the cops/force should be required to pay his attorney fees

16 posted on 03/17/2007 6:42:25 PM PDT by paul51 (11 September 2001 - Never forget)
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To: glorgau
Assistant State Attorney Jeff Young told the judge the case "could have been over in five seconds" if the Coffins "had simply come out and cooperated."

Spoken like a true rummy of the state. Just show us your papers and do as you're told

17 posted on 03/17/2007 6:43:47 PM PDT by paul51 (11 September 2001 - Never forget)
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To: glorgau
De Furia said that while he believed the deputies' mistakes were not intentional,...

Their actions weren't accidental.

18 posted on 03/17/2007 6:47:50 PM PDT by TigersEye (For Democrats; victory in Iraq is not an option!)
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To: zeugma

ping


19 posted on 03/17/2007 7:01:07 PM PDT by zgirl
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To: supercat

That's what I was wondering . Does the felony stick if it's a no contest plea , or was ajudication withheld in this case ?


20 posted on 03/17/2007 7:01:15 PM PDT by Neu Pragmatist (LIBERALS : -- ROMNEY DEFEATS THEM -- RUDY EMBRACES THEM !)
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