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
but the concealed permit allows a lot of unbalanced people to act in ways that they would not if they didn't have the gun in their hand...
people used to fight fist fights or turn the hose on someone or just lock the door and call the police...
now, we have people, first thing they do is shoot.....
we had the very same type of thing here...a bunch of rough acting threatening teenagers engaged in hostilities going down a very busy street....the guy with the permit was being hassled and he hasseled back, except he also turned into a empty parking lot ( this was in the middle of the day with hundreds of cars going by) and got out of his car and naturally, the young punks stopped also....the young punk got out of his car and was shot dead nearly immediately by the older gun carrying guy...no charges of course because it was in "self defense".
he could have stopped and went into a shop...or a gas station or a fire station .....he didn't have to confront the punk but he did...because he knew he could shot him then and there...
if he didn't have his gun on him, he would have done the sane and reasonable thing that most of us would do.... maybe call the cops from a car phone, or stop and go into a busy store and call for help...
when you have unstable people that are so intimidated by life that they reach for their gun first off, then we will see lots of unnecessary killings....
And there’s the predicament. The tables are turned, and the shooter’s the only one who has no responsibility to consider the presumption of innocence. The presumption of innocence fundamental to our judicial system, but in this case the judge, jury and executioner’s are exempt. His actions are apparently overlooked unless it can be proven beyond a reasonable doubt that he had no “reasonable belief that the shooter is acting to avoid serious bodily injury or death”.
That bar’s incredibly low. I’ve had that reasonable belief a dozen times, in fights or near fights as a young man or even on the highway with road raged drivers. I knew better than to kill because of it, but apparently the law in NC would have supported my ability to do so, presuming I did not provoke it.
Not enough time to evaluate before pulling the trigger? I’d rather that just be the risk one takes when arming themselves. Perhaps the added gravity of that self danger would promote the kind of forethought and risk avoidance that would minimize these incidents.
Please read your husband's magazines, if you do not already. This is the picture the press is trying to paint all CCW permit holders with, that of unbalanced gunslinger wannabes spoiling for the chance to shoot someone.
Sadly, of millions, there will be a few irresponsible folks who get permits.
This guy didn't need a permit to have a pistol in his home. So the message becomes two-pronged. Evil pistol, Evil Permit.
How many people seek law enforcement jobs to grow a couple of inches strapping on a Sam Browne and a Badge? Such a profession would attract the power-hungry 'I wanna bash heads crowd'. Yet most police officers are not this way and do not want this type in the ranks.
Most concealed weapon permit holders are not unbalanced Wyatt Earp wannabes either.
YOU LIE.
Your post no. 437 was a reply to post 436 --- which had been pulled by the time I saw your post.
What a lovely world you bunker monkeys live in.
Note I didn't say not enough time to evaluate whether a threat exists, just not enough time to come up with unusual reasons to deny it.
Acting on behalf of a third party gives more time to sort things out, because you retain the ability to use force with little risk to self.
I'm one of those people for whom life-threatening situations happen in slow-motion, so as I said, there is time to quit right up to when the hammer falls. An incident years ago ended in an apology, rather than a tragedy because I made sure of what was going on. A friend got a good view of the muzzle end of my .44, cocked and ready, walking in and waking me from a dead sleep by opening the door. (Threats had been made to my life). I rolled the hammer down (off target) and asked him to please knock next time. We still joke about it.
So never get the idea that the shot is on auto pilot from the time the pistol clears the holster. Would the shot have been legally justifiable? perhaps, but then I'd have had to deal with killing a good friend.
The court can take months of motions and affidavits and testimony to sort out what happens in a few seconds at most. When confronted by a potential threat, you simply don't have that luxury.
As for risk, shooting someone who didn't pose a threat leaves one open to losing everything they have in the Civil Suit, as well as living with the knowledge that they have killed an innocent. Not exactly an absence of consequenes.
I hope I can get through this life without having to kill another human being, but if the necessity arises, I hope I neither hesitate nor miss.
Then post it. Put up warnings. And don't fire beyond the LD.
You have to act affirmatively to prohibit that act. First of all, build a fence. Secondly, put in a locking gate. Thirdly, post your property to warn them away.
BTW, none of that applies if it's a minor who ends up in your yard.
What I fail to understand in all this is why the guy didn't arm himself with something really good like a Streetsweeper. You pop a round into the chamber on that sucker and they'll stand up at attention and await your next command.
With a Streetsweeper there is absolutely no reason to ever have to fire on them.
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