Teen's death in 'Ding, Dong, Ditch' game haunts many

Miami Herald ^ | 10/28/03 | Ashley Fantz

[SouthernFreebird]

Alejandro Avila

Is that the man who killed Samantha Runnion?

[Oztrich Boy]

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

If we leave it to the athtorities nothing will ever get done.

The dead infant's accomplice was
Anatoly Martynenko

sun-sentinel

[longtermmemmory]

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.

** **** *******
He is wrong. You can defend on your property. I know because I have taken that to jury AND won.

If the assailant is retreating, outside your home the treat is gone but that does not mean you have an obligation to let your guard down. (ie retreat,attack,retreat,attack)

It is a subtle point and I believe the miami herald reporter defenetly botched the quote.

[ampat]

Very tragic.
Once I had was involved in a similar incident for an active duty military guy. I was the area casualty assistance officer. A young man had returned home on leave and had been drinking with this high school buddies. They drove him home, and dropped him off at the foot of his parents' driveway (a very steep 75 or so yard long dirt road). He was very drunk and disoriented. He walked across the road and started banging on the door of a neighbor, a lady in her seventies who lived alone. Apparently, according to the police report, she was terrified by this drunk outside her home banging on her door, wanting to be let in. She didn't know who it was but was very scared. She shot her rifle through the door (I think it had glass in it) killing the young man.

[Petronski]

I don't think the reporter did too badly. Shooting a suspect who is clearly in flight and outside the four walls is not generally protected behavior under the castle doctrine, precisely because the threat is gone. The homeowner can certainly stand ready for an attempt by the perp to turn back around, but outside the four walls, and in flight, the defense is very tough to get.

[sickofthehandouts]

''And you cannot shoot someone if they are attempting to run away, which would mean the threat is no longer present,'' he said.



So guy breaks in my house kills my wife and starts to run away as I am getting the HK and I cant shoot him.BS

I am glad here in VA this is a no retreat state.

[jjm2111]

Overreaction alert? It's hard to tell from one news article. Too many would-be crime victims beat up (or do worse)to their teenage assailents to hear, "Your honor, we was just playin'". Then again, there are lots of nasty coots around.

[tdadams]

I'm all for the rights of a homeowner to protect his home, but if the facts of this case play out as depicted in this story, that the boy was shot in the back while running away, this man should go to prison for a long time.

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.

[jjm2111]

"So guy breaks in my house kills my wife and starts to run away as I am getting the HK and I cant shoot him."

Temporary insanity; or you thought he was going to get more ammo.

[longtermmemmory]

Martynenko told his mother he was handcuffed and held by deputies for several hours.

*****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?

[boomop1]

Was the kid armed? Did he pose a threat, I have concealed carry and this doesn't fit the criteria of equal force.

[longtermmemmory]

No it is not. That misrepresents the law in the state of FL.There is no four wall jury instruction. It is just bad reporting.

[longtermmemmory]

Those pranks are long gone. Every shoplifter is prosecuted, every car thief caught is prosecuted. No more innocent fun.

The statement of shot in the back comes from the accomplice. This could easily be a mistaken exit wound. Easy enough for an untrained person to mistake. We need more information about this issue.

BTW if the second kid made a threatening motion, that could have caused this tradgedy. That kid himself could have something to hide.

[Maceman]

He is wrong. You can defend on your property. I know because I have taken that to jury AND won.

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.

[petercooper]

"every car thief caught is prosecuted. No more innocent fun. "

car theft is innocent fun?

[longtermmemmory]

a genuine threat is not required. The reasonablness of the percieved threat.

For example, man catches carthief stealing car from his home. The man sees a silver object like a barrel. Shoots thief dead. Object was a ratchet. Man is not guilty because he was in imminent fear of physical harm.

Woman who is being raped, (classic example) she would be able to shoot in response.

Even reaching for a wallet has been used as self defense. Any suspicious movement can justify the force.

Hindsight is not the issue, the issue is that moment in time. These kids were doing a prank to create an aprehension. The found a victim who had been vandalized in his home twice before. That is the victem they found, no they both have to live with the consequences. (btw tying the string on the knocker is a vandalism)

Still the bullet shots will be an interesting part of the story.

[Mr. Bird]

When I was growing up in FL, some sheriff's deputies responded to a burglary call at a girl's house I know. They asked her dad if he had a gun, and whether he had taught her how to use it. Then they said, "next time someone breaks in, shoot 'em. If they run outside, shoot 'em. We'll help you drag 'em back in the house".

[longtermmemmory]

in ye olden days, kids would still cars for joy rides. (ride around then just leave the car intact where it would be found.)

[Snidely Whiplash]

BTW if the second kid made a threatening motion, that could have caused this tradgedy. That kid himself could have something to hide.

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