Posted on 10/28/2003 6:23:38 AM PST by Tumbleweed_Connection
A man who shot and killed a teenage boy playing an after-dark prank could face criminal charges. Legal experts say if the shooter claims self-defense, he'll have a difficult case to prove. Ding, Dong, Ditch. That's the name of a game, played for generations, in which kids knock on a neighbor's door and run away. Then they watch from afar as the homeowner fumes at an empty porch. But half past midnight Saturday, Mark Andrew Drewes, celebrating his 16th birthday, was shot dead in Boca Raton's Boca del Mar subdivision while playing the game. The shooter, Jay Steven Levin, 40, told investigators he ''was in fear'' that the teen intended to rob him and that he spied 'something in Drewes' hand,'' according to a Palm Beach County Sheriff's Office report. The teenager, who stumbled to a neighbor's yard and died, was unarmed, Palm Beach County sheriff's spokeswoman Diane Carhart said . As sheriff's detectives continue their investigation and the Palm Beach County State Attorney's Office weighs whether Levin will face charges, the tragedy recalls previous cases that involved shooters who have claimed defense of property or fear of attack. This past April, Alejandro Avila was arrested and charged with attempted manslaughter for shooting and critically wounding a 13-year-old. Police said Avila discovered the teen trying to steal his car from the driveway. At the time of the February incident, Avila said the teenager had accelerated toward him, although Miramar police said his account did not match evidence. Levin spoke to The Herald in a brief telephone interview Monday, saying he had retained an attorney but declined to disclose the lawyer's name. ''I just can't talk right now,'' he said. ``I've been instructed not to.'' If Levin is charged, his attorney will have to establish that he had a legitimate fear of being burglarized, and that during the incident Levin reasonably believed he was in imminent danger, said Ken Padowitz, a Fort Lauderdale attorney who has handled numerous self-defense cases. Legal experts said Levin could argue that his state of mind was influenced by past crimes against his property. The Palm Beach Post reported that Levin made two calls to sheriff's deputies in recent years to report vandalism to his home. In March 2000, he said he heard ''popping noises'' outside his residence and saw two ''young white men'' running away. The next day, he discovered holes in his home's front windows. The sheriff's office confirmed that someone had fired paintball pellets at the house. In February 2001, Levin called the sheriff's office, complaining that he had found a small hole in another window, although he told officers he was unsure what caused it. CASTLE DOCTRINE Padowitz acknowledged that most people misunderstand the limitations of what's known as the Castle Doctrine, which allows homeowners to use lethal force in defending people and property contained within the ''four walls'' of their abode. If a conflict occurs outside that area, such as on a front porch, that defense won't hold up in court, Padowitz said. ''And you cannot shoot someone if they are attempting to run away, which would mean the threat is no longer present,'' he said. Sheriff's detectives are not saying where the bullet entered Drewes' body. The boy's 17-year-old friend who witnessed the shooting told detectives Drewes was shot in the back while he tried to flee. The boy has not been identified by authorities. Steve Drizin specializes in juvenile justice at Chicago's Northwestern University School of Law. He believes additional factors should be considered to determine what charges, if any, are appropriate. If Levin says he thought he saw a weapon in Drewes' hand, how was the lighting on the porch? Were there words exchanged between Drewes and Levin before Levin fired? Levin's fate also hinges on public opinion, asserts Miami attorney Robert Barrar, law partner of Ellis Rubin, who successfully defended Prentice Rasheed in 1987. Tired of enduring frequent burglaries at his business, Rasheed booby-trapped his shop with an electrified grid over the door, killing an intruder. Rasheed's case gained sympathy among crime-weary South Floridians and a grand jury refused to indict him. UP TO GRAND JURY ''If it's up to a grand jury, if a defense attorney can get to the press and the community, that can make a difference,'' Barrar said. As of Monday, there was no indication the public is siding with Levin. Protesters picketed outside his home all day Sunday, while neighbors angrily condemned his actions. Meanwhile, a wreath of flowers and notes sat outside Pope John Paul II High School in Boca Raton, where Drewes was in his sophomore year. ''He was known as everybody's buddy, a good student, just a very nice boy,'' said the Rev. Guy Fiano of the school. ``The students are continuing to pray and reach out to one another to come to terms with this tragedy.''
Is that the man who killed Samantha Runnion?
If we leave it to the athtorities nothing will ever get done.
The dead infant's accomplice was
Anatoly Martynenko
It would seem to me the man was probably just a hot-head who lost his temper and opened fire. This boy was pulling a harmless prank that 16 year old boys have done for generations. The shooter didn't feel threatened, he was pissed off. And his temper ended up killing a 16 year old boy.
Temporary insanity; or you thought he was going to get more ammo.
*****from article refrenced***
Interesting.
It also points that the homeowner was confronting two people not just one.
There is no mention of the fishing line on the door knocker as was reported on the radio yesterday. That report indicated they used the line to contuaously repeat the knocker.
** ****** ******* ****** **** In a brief interview at his front door Monday, Levin said he was in the process of hiring an attorney. He pointed to the remnants of a vigil held on his lawn Sunday night. Candle wax mottled the sidewalk in front of his home, and frayed roses lay on the grass. His green mailbox at the street had been bashed in and knocked to the ground.
"They polluted a crime scene," Levin said.
** **** *****
Smart, destroys any evidence the police might have missed in the yard or area around the house. Then again the police must have picked up most of what they needed.
I wonder if they are going to search these kids homes for bb/painguns?
It varies by state. Here in Massachusetts, the law requires that if your home is invaded, you have an obligation to leave instead of confronting the intruder. You can only resort to deadly force if all means of egress have been cut off.
Or the guy was just mad, overreacted and shot an innocent kid out goofing around. This is what rampant paranoia and a crisis-mongering media engender. People need to get a grip.
Next you'll be defending some whackjob who picks off trick-or-treaters later this week, thinking they were prowlers.
Snidely
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