Posted on 10/26/2003 4:41:29 AM PST by lifacs
Sunday, October 26
Teen pulling prank killed by neighbor
By Sarah Eisenhauer and Cynthia Kopkowski, Palm Beach Post Staff Writers Sunday, October 26, 2003
A birthday celebration capped off by an early-morning round of mischievous doorbell ringing ended in the death of a Boca Raton-area teenager early Saturday after a neighbor who believed his home was about to be burgled shot and killed the boy, deputies said.
Mark Andrew Drewes, a popular Pope John Paul II High School sophomore who celebrated his 16th birthday at a party Friday night, died from a single gunshot wound at Delray Medical Center. The shooting occurred shortly after 12:30 a.m. in the Woodbury neighborhood, a quiet, upper middle class neighborhood in the Boca Del Mar region.
The man who shot Drewes, Jay Steven Levin, 40, was not arrested, Palm Beach County sheriff's spokeswoman Diane Carhart said. Investigators questioned Levin at his home at 6115 Woodbury Road and collected evidence but did not take him into custody, Carhart said.
"He's a homeowner there," she said. "He was very cooperative."
The Palm Beach County State Attorney's Office will review the evidence and determine whether Levin's actions were justifiable self-defense or grounds for criminal charges, spokesman Mike Edmondson said.
When Levin, a Palm Beach County businessman who lived alone, was awakened from his sleep by a knock at the door early Saturday, he armed himself with a handgun and answered it, deputies said. He told deputies he saw someone he believed was holding a weapon.
Levin fired one shot, hitting Drewes, according to deputies. The boy ran into a neighbor's yard and collapsed.
"He feared for his life," Carhart said of Levin, adding that the teenager was 6-feet-2 and 210 pounds. "So he's a big 16-year-old."
Gathered at a family member's home Saturday morning, Drewes' relatives disputed Levin's self-defense claim and said they were furious that he was not arrested and charged with a crime Saturday.
"How can they call that self-defense?" said a family member who asked not to be identified. "If they thought it was a burglar, what kind of burglar knocks?"
The previous night, the large family and a bunch of friends had gathered at the house on Woodbury, where the Drewes have lived for about 10 years, for birthday cake. The teenager had been eagerly looking forward to three things: his 16th birthday, when he would be able to trade in his learner's driving permit for the real thing; the family party; and his school's homecoming dance Saturday.
"It was such a good day," said his grandmother Patricia Drewes, who drove from her Stuart home for the birthday party. "He was so happy. He told me it was the best day of his life."
Throughout the evening Friday, Drewes and his friends darted back and forth between his home and the fall festival at nearby St. Jude Catholic Church and school, where he graduated from eighth grade two years ago.
About 11:30 p.m., Drewes and a friend decided to go for a walk, family members said.
"They were playing knock on the door and run," said one family member. "They were being silly. They weren't bad kids."
Family members said the teen who was with Drewes told them he was not holding anything in his hand.
Investigators did not find a weapon on the victim, Carhart said. They confiscated Levin's handgun as evidence, she said.
Carhart said ringing doorbells and running is not generally considered to be a crime.
Family contends teen was shot in back
The sheriff's office would not release the name of the teenager who was with Drewes Saturday morning. Nor would it confirm the family's assertion that morgue officials told them Saturday afternoon that Drewes was shot in the back.
Carhart said the sheriff's office did not know when an autopsy was to take place.
A shirtless and red-eyed Levin answered the door to his neatly landscaped home Saturday morning, but said only, "I can't talk to you," in response to a reporter's questions.
State records show Levin ran his own business called Caxin Consulting Inc. from his home since 2001. He filed papers dissolving that corporation in August. Before that, he was listed as president of two other businesses, which are now inactive, the Halifax Group Inc. and L&L Accounting Inc.
Levin has a concealed weapons permit, according to state records.
He has lived at 6115 Woodbury, which has a market value of $195,000, since December 1996, according to county property appraiser records. It's on the next block from the Drewes home, several houses up the street.
Levin's doorbell was not the only one the boys rang Saturday morning. Residents up and down the 6100 block of Woodbury reported being awakened by ringing doorbells and knocks shortly after midnight. Most said they sloughed it off or answered the door, found nobody there and went back to bed. But a second round of frantic pounding and shouting from Drewes' friend minutes later caught their attention.
"It was pounding, pounding," said Lauren Hahn, one of several residents who talked to the boy through her front door, then called 911. "He said 'Call 911. My friend's been shot.' He was hysterical."
Droopy-eyed neighbors repeated the same story as they gathered Saturday morning in small groups up and down the block, some just a few yards away from blood stains where Drewes fell.
Carol Quiroga, who lives across the street from Levin, heard nothing outside as she made her way to bed minutes before the shooting -- no arguing, no scuffling. A loud "pop," broke the silence, followed by someone saying calmly, "Call 911" once, then again, she said. What sounded like a boy's voice came next, saying "Help. I need help."
She expressed the same disbelief shared by Drewes' family and several neighbors.
"What is so important that you are defending that you need a gun?" said Quiroga, the mother of two teenage boys, before breaking into tears.
"Teenage boys do things like that," she said.
Determining whether Levin's actions were protected by the state's self-defense laws now falls to State Attorney Barry Krischer's office. Someone can use force to protect his home if he think it's being burgled, Edmondson said, but it can only equal the force he's being threatened by.
And that law doesn't generally protect homeowners who use deadly force against someone coming into their yards or on their sidewalks, Edmondson said. That's considered trespassing.
"A trespass would not constitute a breach of someone's safety," he said.
If Krischer's office determines that Levin acted legally, the case is closed, Edmondson said. If the state attorney believes it was an unjustified killing, worthy of a second-degree murder charge or a lesser offense, he will charge Levin. If the evidence isn't clear-cut and could point to a first-degree murder charge, then Krischer will refer it to the grand jury, Edmondson said.
A man in Louisiana was cleared of wrongdoing in 1993 after he shot a Halloween-costumed Japanese exchange student knocking on his door looking for a party in 1992. He turned himself in after a grand jury had indicted him on charges of manslaughter in the killing of Yoshihiro Hattori of Nagoya, Japan. Hattori's friend testified in the trial that he was carrying a camera when they knocked on Rodney Peairs' door.
A shattered Drewes family Saturday described Mark as an A student and soccer player, the type of kid who easily made friends with just about everyone he met. More relatives from Brazil are expected to arrive today, along with Mark's father, Gregory, who is captain of a private yacht and was in France Saturday.
Many of Drewes' classmates would learn of his death at Pope John Paul II High's homecoming dance Saturday night, said the Rev. Guy Fiano, the school's president. Counselors were scheduled to be on hand at the dance and Monday at the school, a Catholic private school attended by 925 students, including 250 in Drewes' sophomore class. A prayer service is planned Monday for the "very well loved" student, Fiano said.
"It's very, very sad," he said. "I think it's going to be a very stressful week."
Student called 'very polite, very respectful'
Word began to spread Saturday morning through St. Jude's festival, a few blocks from where the shooting occurred. Standing amid the cotton candy vendors and whirling carnival rides, several attendees recalled the slain teenager as friendly and well-liked.
Classmate Danielle Denofa, 16, put her hand over her mouth and gasped when she heard the news.
"He was really nice," said Denofa, who attended YMCA teen camp with Drewes this summer. "I can't believe that happened."
Tracy McCarver, who taught Drewes math at St. Jude Catholic School, remembered him as a "very polite, very respectful" youngster with "a good sense of humor."
After this afternoon's youth Mass at St. Jude, members of his Life Teen group, a faith-based social organization, are expected to attend a special meeting, said Kevin Cleary, the church's religious education director and youth minister.
"Everyone's in a state of shock because of the senselessness of it," he said. "He was a boy's boy."
He called Drewes a "delightful" young man who could be relied on to help with every pancake breakfast, raffle and car wash that cropped up on his youth group's schedule. Before every Sunday night Life Teen meeting, Drewes was there setting up tables, Cleary said. When they ended, Drewes stayed to clean up.
"He was a beautiful, beautiful boy," said his aunt, Renata Piza. "He goes to church every week. He was so excited about turning 16."
Grandmother Drewes said he always greeted her on the phone by saying, "I love you, Nana."
"He's what you'd call the ideal son, just too good to be true," she said. "If there was some way I could understand this. It was so pointless."
sarah_eisenhauer@pbpost.com,cynthia_kopkowski@pbpost.com
You are mis-representing the incidend.
The Japanese student had gone to the front door and then had gone around to a side door, scaring the wife. She screamed and yelled for her husband. he came and the student rapidily approached him, wildly waving his arms. When he did not stop he was shot and the grand jury no-billed.
It was in the paper that it was known to the students friends that he would wildly wave his arms around people.
Much more than that. He did not obey the order to "FREEZE!" and continued to charge toward than man pointing a gun at him. I remember because a big deal was made of him not understanding what "freeze" means because he was from Japan. Of couse that is not the homeowner's fault.
Last thing I saw on this particular issue the Louisiana state legislature refused to change the law.
Hey, what can I say about these guys ~ they've voted in nutcase after nutcase after criminal after criminal for years ~ why should their law be any different?
What makes you think that EVERYONE will pin this on MARK. It sounds to me you're here to start trouble..or possibly you've been involved in the million mom march?
No, the homeowner only has to demonstrate that you were in his house and that he reasonably believed that he was in danger. It is usually considered reasonable to act in self defense if a stranger is in your house without your consent. Intentions, good or bad, have nothing to do with it.
Story of my life....see, I was a young idiot liberal once upon a time... :-)
Louisiana law is definitly different.
Louisiana law is based on the French Napoleonic Code -- NOT English common law like the rest of the states.
My supposition was that the homeowner was waiting for the kid to show up, ring his bell, and run, and that he had his gun ready to shoot the kid down in the front yard.
Your comment about our witness being a "troublemaker" had best be in jest else you might find yourself pulling a little time in Florida for having tried to intimidate someone who might be called in by the Prosecutor as a witness.
Tampering with witnesses is a very serious crime.
Actually, neither do you.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.