Posted on 03/17/2016 7:25:32 AM PDT by Hojczyk
This case has a twist, though. When you read the details of the incident as recorded by the police, Johnson was climbing out of a window to flee the scene of the crime when Ms. Jenrette discovered him and she shot him in the yard, not inside of the house.
The wording of the Castle Doctrine seems to be a bit ambiguous here. Yes, theres an assumption that the person who forcibly enters or intrudes into your home is there to kill you or cause great harm, but does that apply to your front yard? More to the point, will the state accept that the doctrine still applies when the perpetrator is not only outdoors but fleeing?
Johnsons relatives are calling for retribution, of course, and it sounds like the courts may entertain their complaint. You may wonder why the focus is on the side of a person who was clearly in the process of committing a serious crime, but his family has an explanation. How else was he supposed to get any money?
Seemingly justifying her relatives commission of burglary, Johnsons cousin Nautika Harris suggested it was the only way through which he could obtain money.
You have to understand, you have to look at it from a childs point of view that was raised in the hood. How he gonna get his money to have clothes to go to school? asked Harris.
How Ms. Jenrette fares will tell us how far the homeowners rights extend in such a case and if Floridas Castle Doctrine is strong enough as it stands. Im all in favor of Stand Your Ground and the rights of property owners, as well as supporting the rights of crime victims and the law abiding.
(Excerpt) Read more at hotair.com ...
She came home after being alerted on her cell phone.
Where was she when she fired the shot?
Words... they escape me.
All my life, either my parents or I WORKED to "get money to have clothes". According to this cretin I didn't have to do all that - I could just steal what I needed. Who knew?
Should get thrown out. Deadly force is authorized in Florida to prevent the commission of a forcible felony.
Can’t think of a surer way of preventing a forcible felony than capping the felon before he gets away.
Ok, simple solution. If you find the perp crawling out of the window, instead of shooting him right off, force him at gunpoint to crawl BACK in the window, then shoot him.
My view:
If you come on my land to commit a crime, I can kill you. No ifs, ands, or buts.
But of course the courts generally feel otherwise.
If she shot him while he was just standing there or trying to run away, she’s in big trouble. If he rushed at her, then she was justified.
It is truly amazing to see people justify theft as a way of life, but you see it time and time again on shows like The First 48, where relatives see somebody dealing drugs as a good guy who was providing for his family.
The US is becoming Balkanized with elements of society becoming tribal groups. Whatever a member of their group does is fine; outsiders are always wrong. We are losing the western concept of justice and the rule of law. Not good.
Tell robbers to stop robbing.
IIRC from CCW class, fear of bodily injury is all it takes to use deadly force in Fla.
Sounds like she legitimately feared for her safety whether the perp was inside the house or not.
Hopefully she'll be smart enough to take it to a jury of her peers if she is prosecuted.
The jury will be grateful to her for taking out the trash.
They said he was climbing out. Personally, I think she did the world a favor, but the law is persnickety about thug hunting.
#BLACKLIESMATTER considers violent crime to be a legitimate career path, and armed victims to be an OSHA violation.
Hard to decide if I was on a jury. He was coming out and not in the house. She was outside coming home. OTOH his relatives excuse for his burglary is funny.
Actually, it depends on where you are physically located in Florida (jury wise). Here in NE Fla. this would more than likely without question go in the favor of the home owner. As this occurred further south however......
“You have to understand, you have to look at it from a childs point of view that was raised in the hood. How he gonna get his money to have clothes to go to school? asked Harris. “
***
Totally unreal. I thought this was from The Onion.
Liberty City must be a war zone. It appears frequently on The First 48, the show about homicide detectives. Great show, BTW.
Not following you here - are you talking about theft, or about dealing drugs?
btt
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