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
Quote from the article: "the teenager was 6-feet-2 and 210 pounds. "So he's a big 16-year-old.""
Judging from his size, it still could have been a major caliber.
He wasn't expecting a burgler. According to the story, he was awakened in the middle of the night, answered the door, and saw someone standing there holding a weapon. Maybe his mind was playing tricks on him; maybe he's an a$$hole who deliberately shot someone in the back; maybe the little tyke was holding a weapon. Who knows?
I think there is a lot more to this story than is contained in the newspaper article.
If the homeowner's actions were as bad as the paper and some posters here make them out to be, the police would have arrested him already. Especially, since it happened in Palm Beach, which is one of the most liberal parts of the state.
I would guess that either the homeowner did an excellent job of convincing the police that the perp did something to cause him to fear for his life, or was committing a forcible felony. Or that the police had many run-ins with the "good kid", and knew that he was trouble. Or both.
Exactly. And if I was that scared, I would not open the door, and I would not open the door at that time of nite.
Stay Safe !
The "front man" for a home invasion team...
I am even more cautious (re: #27) in rural areas. They least expect people to be at their door at odd hours.
Well it is a private Catholic school so that can't be why you're asking. Is it because he's still alive? If so we have a HS named after Bush (41), Gov. Clements, and an elem. named after a living former school board member.
I don't think the paper necessarily put the homeowner in a bad light. People are naturally fearful of knocks on the door in the middle of the night, and I would wager that most everyone sympathizes, emotionally, with the guy.
But, as a concealed-carry license holder who practices regularly, I know that I must actually be in fear for my life and external circumstances must put me in fear for my life before I use a weapon.
I'm afraid this guy was spooked, but the DA will have to submit the facts to a grand jury to get a judgment. Arresting him or not arresting him at this point may mean that the police don't want to prejudge.
Even in Texas, this situation would likely result in a charge, especially if he shot this kid in the back.
I also have yelled through the door, at another place I lived, as to the nature of a late-night visitor's knock on the door. I did that before opening the door.
To answer specifically: yes, I have found Utopia.
I do not want to be responsible for the death of someone's son. I lost a son via accident and a parent can never outlive the nightmare of it. I know I am unique but I would prefer to be shot dead by a minor child rather than to render the pain of his death upon a parent.
I do strongly support the right of self-defense and am well-equipped to defend myself, VERY RELUCTANTLY, if forced to- in a responsible and reasonable way.
Stay Safe, Stay Aware and Armed. You tag line says it all.....:o)
....Stay Safe
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