Elderly St. Petersburg Man Arrested for Firing Gun at Assailants

The Ledger (Lakeland, FL) ^ | 12-2-03 | Associated Press

[FlJoePa]

Elderly St. Petersburg man arrested for firing gun at assailants

The Associated Press
ST. PETERSBURG, Fla.

A 71-year-old man was arrested for firing a gun at three men beating up his 63-year-old friend, striking one of the men in the arm, deputies said.

Melvin B. Spaulding held up his .22-caliber pistol and told the men to stop hitting and kicking his friend George Lowe. When they didn't listen, he fired the gun, Pinellas County Sheriff's spokesman Tim Goodman said.

"I'm sure he was concerned for his friend's safety...," Goodman said. "The use of a weapon to stop a confrontation is not the right way. He would have been better off calling 911."

James T. Moore, 20, was treated for the gunshot wound at Bayfront Medical Center and was arrested for an unrelated battery charge earlier the same night.

Lowe said the altercation began Sunday night when he heard loud noises outside his home and discovered a group of young men pounding on cars and shouting. When he told them to stop, they attacked him, he said.

Spaulding, who had no criminal record in Florida, acknowledged firing the gun, according to sheriff's records. He was being held without bail in Pinellas County Jail.

The Pinellas-Pasco State Attorney's office would carfully investigate the case before deciding whether to file an attempted murder charge against Spaulding, prosecutor Bruce Bartlett said.

"As far as I'm concerned, he's my hero," said Lowe, who suffered a torn leg muscle, bruises and a sore back in the fight. "He's my friend, but he's also my hero."

It could not be determined whether Spaulding or Moore had attorneys.

[asformeandformyhouse]

"I'm sure he was concerned for his friend's safety...," Goodman said. "The use of a weapon to stop a confrontation is not the right way.

Sounds like it worked.

[Doctor Stochastic]

Where will the "police are always right" crowd stand on this issue?

[AngryJawa]

But St Petersburg is supposed to part of what is known as ther I-4 corridor...the most conservative belt in the state...

I-4 ends in Tampa, as do conservative attitudes in that part of Florida. Pinellas county is algore blue on the infamous Election 2000 map. Must be the proximity to saltwater...

[VeniVidiVici]

I'm of a mind to send this post to Jeb.

You should. He does read his email.

This could be a bonanza for the RKBA crowd. Two elderly gents, one getting the crap kicked out of him, his friend saves him then the cops bust the good guy.

If the DA down there really prosecutes he's a dumbass.

BTW, I'm of the mind this guy did nothing wrong according to the statute.

[ExSoldier]

One of my best friends and btw the secretary for our gun club (IDPA) is a district director to a congresscritter. I sent it to that office. Let's see what happens. They're hooked into Jeb too.

[ExSoldier]

I did just now send it to Jeb (he is an old family friend from before he was governor) and pointed out that there is an election coming just over the horizon and I know he just hates to insert himself into the local scene (he had to be dragged into removing Oliphant in Broward), this is something that could have state and national ramifications. Self Defense and guns are going to be hot buttons and the Republicans better stand up for innocent old folks attacked by punks....right?

[Gargantua]

I see... it's okay to own a gun for protection, you just can't use it for protection... that about it?

These PC morons make me sick. The cop who said he shoulda called 911, if he actually believes that, is a useless beaureaucrat who has no right to wear a badge.

Give my regards to Jeb.

;-/

[VeniVidiVici]

Damn straight. I'm assuming the DA down there is a Democrat. We could keep this simmering for awhile. State Republican Party should be made aware of this, if they haven't been already.

Jeb's a great guy. My wife had business up in Talahassee a few years ago. Took my son, who is in Scouts. On a tour of the governor's mansion, they ran into Jeb who took time out of his day to talk to my son (he was in his uniform) and gave him a personal tour and took pics. Really down to earth guy.

Link to using deadly force - http://licgweb.doacs.state.fl.us/weapons/self_defense.html

[CHICAGOFARMER]

I love it when a$$holes and bullets meet.

[FlJoePa]

I'll see what I can find out Boots, but this isn't my area of FL. Fortunately/Unfortunately I live in Palm Beach County.

I'll let you know if I come across any good contact e-mails.

[ArrogantBustard]

Your BS Meter is malfunctioning. The needle should be pegged hard to the right.

[Gunner9mm]

It appears to me that some right-thinking people in Pinellas County need to start some serious campaigning against the incumbent sheriff, DA, etc.

[from occupied ga]

Where will the "police are always right" crowd stand on this issue?

They'll probably goose step around it.

[Doctor Stochastic]

The guys who say "Call 911" are the same who authorize and carryout no-knock search warrants and "random" vehicle searches.

[Constitutional Patriot]

"The use of a weapon to stop a confrontation is not the right way. He would have been better off calling 911."

Yes...and don't forget to call the morgue to make sure there is a vacancy.

"James T. Moore, 20, was treated for the gunshot wound at Bayfront Medical Center and was arrested for an unrelated battery charge earlier the same night."

Sounds like the kind of person the law was meant to protect...It's a shame he wasn't killed by the gunshot wound.

[from occupied ga]

I think I have their pictures here someplace

Is that pooblah in the middle there? And I think I see _Fed on the left.

[Ellar]

I'm new to the list, so it's the first time I've seen it..sounds good to me....

[gitmo]

Can't decide which is more appropriate:

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[CHICAGOFARMER]

This DA and sheriff need an atiutude adjustment by the citizens of Florida.

Here are the rules of CCW and RTC gun fight and this man has met the challenge if the story is correct.


At 62 years of age I doubt these two men could out run or out fight the 3 attackers.

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5 Rules of Conceal and Carry

"YOUR CONCEALED WEAPON IS FOR PROTECTION OF INNOCENT LIFE ONLY."

"KNOW EXACTLY WHEN YOU CAN USE YOUR WEAPON."

"IF YOU CAN RUN AWAY SAFELY- RUN, RUN RUN!"

"DISPLAY YOUR WEAPON, GO TO JAIL."

"DON'T LET YOUR EMOTIONS GET THE BEST OF YOU."


Detail

5 Rules of Conceal and Carry (like a pistol)

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1. YOUR CONCEALED WEAPON IS FOR PROTECTION OF INNOCENT LIFE ONLY.

Draw it solely in preparation to protect yourself or an innocent third party from the wrongful and criminal activities of another.


2. KNOW EXACTLY WHEN YOU CAN USE YOUR WEAPON.

The criminal adversary must have or reasonably appear to have:

A. The ABILITY to inflict serious bodily injury. He is armed or reasonably appears to be armed.

B. The OPPORTUNITY to inflict serious bodily harm. He is positioned to harm you with his weapon, and,

C. His INTENT (hostile actions or words) indicates that he means to place you in jeopardy - to do you serious or fatal physical harm.

When all three of these "attack potential" elements are in place simultaneously, then you are facing a reasonably perceived deadly threat that justifies an emergency deadly force response. Note that these conditions may be defined differently in certain circumstances. For example, a small woman may be justified in using deadly force with a handgun against a much stronger male who is unarmed and attempting to rape or kill her. For a male vs. male encounter the defendant probably would not be justified unless possibly if he was physically handicapped, elderly, etc. This is known as disparity of force.


3. IF YOU CAN RUN AWAY SAFELY- RUN, RUN, RUN!

Just because you are armed doesn't necessarily mean that you must confront a bad guy at gunpoint. Develop your situation awareness skills so that you can be alert to detect and avoid trouble as much as possible. Keep in mind that if you successfully evade a potential confrontation, the single negative consequence involved might only be your bruised ego, which should heal quickly with mature rationalization. But if you force a confrontation, and it escalates into deadly force, you risk the possibility of death or serious injury to yourself and any friends, family members, or innocent bystanders that may be present.

Also you face the possibility of criminal liability and/or financial ruin from a civil lawsuit as a result of your actions. Flee if you can - fight only as a last resort.

Naturally, there are circumstances in which you may be able to flee but it would not be in your best interest or judgment to do so. For example, a situation that you could easily flee from when alone may be difficult to safely avoid if your family was with you. Also it may be a judgment/ethics call on whether or not to fight or flee based on what is happening to potential victims around you.

For example, a gunman may be threatening the life of someone else and not even notice you. If you leave the scene, and go call 911 and just wait for the police to show up, you may have to deal with guilt and emotional issues that result if the gunman kills someone. In contrast, if you intervene, then you may risk your own life. Remember that self-preservation, and keeping your loved ones safe should be your first priorities. Always remember to stay calm and quickly analyze the situation at hand. Use good judgment on how you will react to any given circumstance.


4. DISPLAY YOUR WEAPON, GO TO JAIL.

You should expect to be arrested by police at gunpoint, and be charged with a crime anytime your concealed handgun is seen by another citizen in public, regardless of how unintentional, innocent, or justified the situation might seem.

Choose a method of carry that reliably keeps your gun hidden from public view at all times. You have no control over how a stranger will react to seeing (or learning about) your concealed weapon. He of she might become alarmed and report you as a "man or woman with a gun". Depending on his or her feelings about firearms, this person might maliciously embellish their story in an attempt to have your gun seized by police or in order to get you arrested. Even though your jacket only blew open for a moment, giving a brief glimpse of your gun, that person may tell the police that you were waving it around like a homicidal maniac. An alarmed citizen who reports a "man or woman with a gun" is going to be a lot more credible to police than you are when you are stopped because you match the "suspect's" description and you are found to have a concealed handgun in your possession. Before you deliberately expose your gun in public, ask yourself "is this worth going to jail for?" The only time this question should warrant a "yes" response is when an adversary has at least both the ABILITY and INTENT and is actively seeking the OPPORTUNITY to do you great harm.

Also, remember that proper concealment of a weapon is more than just covering it up so that it is not physically visible. You want to remove as much as possible any signs that you are armed. For example, you would not wear a tight T-shirt that shows the lines of your gun printing through it, especially if that T-shirt has a firearm related logo or statement on it. Also, a black nylon fanny-pack or a photographer's vest may, in certain areas or in certain modes of dress tell any half-educated person that you are packing a gun. It is also not usually a very good idea to let too many people know that you carry a gun. This fact should be limited to your immediate family and select friends who are "gun people" also. Please, for your sake and the sake of others around you - be discreet!


5. DON'T LET YOUR EMOTIONS GET THE BEST OF YOU.

When you are armed, you must realize that you just lost your right to initiate ANY type of confrontation that could possibly escalate into a violent encounter. You must now have a very mellow attitude on life and your fellow mankind.

You just lost the right to flip off the motorist who just cut you off in traffic. You have to ignore the scumbag who just "wolf-whistled" at your wife/girlfriend. If someone wants to pick a fight with you, you lost the right to respond in any way other than a kind, friendly manner while walking away. As an armed person you must be more likely and willing to avoid trouble that an unarmed person would be. You have the legal and moral obligation of de-escalating any situation that you are presented with unless you are faced by someone displaying all three of the "attack potential" elements. Carrying a loaded firearm among your fellow citizens is an awesome responsibility that is not to be taken lightly.

Remember, once you strap on your weapon, you must carry with it a great measure of discretion and judgment, along with an easy-going attitude.


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[Old Professer]

It's accelerating so hard, it keeps bouncing off the peg.