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Discussion Starter · #1 ·
Does anybody have any information on actual cases, were a person defended themselves, from a breakin into their house. Also how about just standing your ground in SD.

I just wonder how these events ended up in court and if the law really works.
I have tried to find SD court cases in Florida but I am having a hard time.

There is always alot of what ifs, but it would be nice to know what actually happened and if our SD law's really work.

Thanks all.
 

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Can't find any SD case that went to court. Florida's laws are pretty good as long as you can prove you were in fear for our life and you truly were. Here is an example of a SD shooting that did not make it to court.

South Florida Sun-Sentinel, Deerfield Beach, FL, 12/13/2007
State: FL
American Rifleman Issue: 2/26/2008
Hygens Labidou was driving in Deerfield Beach, Fla., when two men confronted him in a racially motivated attack. Labidou, who is black, heard the two white assailants shouting racial slurs as they tried to pull him out of his vehicle. One of the men threatened Labidou with a knife while the other kicked the vehicle’s door and ordered Labidou to come out. Labidou, a Right-to-Carry permit holder, drew his gun and shot the two attackers, killing one and wounding the other. Prosecutors said the surviving attacker, who was already on probation for federal firearms charges, will be charged with aggravated assault with a deadly weapon and could spend 15 years in prison.
 

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Here is one that went to trial and the home owner got charged and convicted.

Man gets 15 years in jail for fatally shooting neighbor on his front doorstep

By Sally Apgar

South Florida Sun-Sentinel

4:08 PM EDT, July 11, 2008


A 64-year-old man who believed he was protecting his home, was sentenced this afternoon to 15 years for fatally shooting his neighbor on his front doorstep with a 12-gauge shotgun at 3 a.m. on Sept. 17, 2006.

Jose Tapanes, a slight man with a history of medical problems, including three strokes, was convicted of manslaughter with a firearm by a jury in May.

In court this afternoon, Tapane's public defender Carey Haughwout told Circuit Judge Charles Burton that she plans to appeal the verdict and his sentence in part based on jury misconduct and self -defense under the Florida "Stand Your Ground Law," that allows the use of deadly force when a person feels they are preventing death or bodily harm.

"We're going to appeal the whole thing, we want a new trial," said Haughwout minutes after the hearing.

On Sept. 17, 2006, an intoxicated Christopher Cote, 19, who had just moved into The Acreage neighborhood, took his dog for a walk when he encountered Tapanes. An argument erupted between the two because Cote questioned why Tapanes was carrying a gun with him as he took out his trash. At trial, the defense said Cote shoved Tapanes and threw a beer bottle at him. Cote then returned home and argued with family members about calling the police.

Minutes later, he drove his Jeep into the driveway of Tapanes' house and began honking the horn, according to testimony. Then he got out, walked up to the house and started banging on the door.

The defense argued that Tapanes believed Cote was going to hurt him. The prosecution said Tapanes had plenty of time to call 911.

Tapanes picked up a pump-action 12-gauge shotgun and fired into Cote's chest. Once Cote fell, Tapanes fired again.
 

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A 64-year-old man who believed he was protecting his home, was sentenced this afternoon to 15 years for fatally shooting his neighbor on his front doorstep with a 12-gauge shotgun at 3 a.m. on Sept. 17, 2006.


One can NEVER, EVER, shoot anyone outside your home if you are safely inside. LEO's cannot even get away with this.



The 2007 Florida Statutes

Title XLVI
CRIMES Chapter 776
JUSTIFIABLE USE OF FORCE

776.013 Home protection; use of deadly force; presumption of fear of death or great bodily harm.--

(1) A person is presumed to have held a reasonable fear of imminent peril of death or great bodily harm to himself or herself or another when using defensive force that is intended or likely to cause death or great bodily harm to another if:

(a) The person against whom the defensive force was used was in the process of unlawfully and forcefully entering, or had unlawfully and forcibly entered, a dwelling, residence, or occupied vehicle, or if that person had removed or was attempting to remove another against that person's will from the dwelling, residence, or occupied vehicle;

If you ever do shoot someone outside your home ...... DRAG HIS A$$ INSIDE YOUR HOME - QUICK!! :rolf
 

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One can NEVER, EVER, shoot anyone outside your home if you are safely inside. LEO's cannot even get away with this.

If you ever do shoot someone outside your home ...... DRAG HIS A$$ INSIDE YOUR HOME - QUICK!! :rolf
Say they were trying to force their way in.
 

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Say they were trying to force their way in.

Ahhh, now you got him .... remember, two taps - center mass!! :pistols


776.013 Home protection; use of deadly force
(1) (a) The person against whom the defensive force was used was in the process of unlawfully and forcefully entering, or had unlawfully and forcibly entered, a dwelling, residence, or occupied vehicle, or if that person had removed or was attempting to remove another against that person's will from the dwelling, residence, or occupied vehicle;
Happy Hunting!!
 

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Discussion Starter · #8 ·
Had a guy in Orlando that went outside with his gun at 0400 and encountered a repo man. Pointed the gun at him and told him to leave. He came back with the sheriff and the guy was arrested for aggravated assault.
 

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If you ever do shoot someone outside your home ...... DRAG HIS A$$ INSIDE YOUR HOME - QUICK!! :rolf
Even as a joke, I'd advise against any post suggesting potentially illegal actions.

Don't give anti's anything to feed on.

Also, as always, C.Y.A.

-JT
 

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It seems that in most cases the SD shootings are judged as "clean shoot".

One that comes to mind is the old Marine in the Subway who shot some thug ass punk who tried to rob the place. The old Devil Dawg has been cleared of any charges.

Also recently, John Horn, the guy in Texas who shot TWO suspects in the BACK with his shotgun as they tried to run across his property after robbing his neighbors home. He has also been cleared.

CTHULU mentioned, in another post, a guy down in the south Florida area that shot and very seriously injured an intruder who broke into his apartment trying to kill him and his girlfriend. It was a jealousy/rage motivated break in. The homeowner awoke to breaking glass of his living room window. Grabbed his 9mm and pumped out 14 shots while the guy came at him, six of which actually hit the intruder in various places. None of which killed the intruder. He was stopped when a shot shattered his femur. I believe the last word on his case was it was a good shoot, but I think the case is still somehow pending. He did not, so far, serve any jail time.
 

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It seems that in most cases the SD shootings are judged as "clean shoot".

One that comes to mind is the old Marine in the Subway who shot some thug ass punk who tried to rob the place. The old Devil Dawg has been cleared of any charges.

Also recently, John Horn, the guy in Texas who shot TWO suspects in the BACK with his shotgun as they tried to run across his property after robbing his neighbors home. He has also been cleared.

CTHULU mentioned, in another post, a guy down in the south Florida area that shot and very seriously injured an intruder who broke into his apartment trying to kill him and his girlfriend. It was a jealousy/rage motivated break in. The homeowner awoke to breaking glass of his living room window. Grabbed his 9mm and pumped out 14 shots while the guy came at him, six of which actually hit the intruder in various places. None of which killed the intruder. He was stopped when a shot shattered his femur. I believe the last word on his case was it was a good shoot, but I think the case is still somehow pending. He did not, so far, serve any jail time.
As I recall, the bad guy hadn't served any jail time because he was STILL in the hospital, from the shooting and from later medical complications. I believe he is now less one testicle, among other things. Basically, I don't think the guy is in any condition to face a judge/jury to get his well deserved prison cell assignment.

The bad part for the shooter is that his gun was still in police possession until the case was closed, which can't happen while the bad guy keeps trying to croak in the hospital. I believe the guy had to buy another gun in the interim.

-JT

P.S. - Apparently, the shooter's TV ended up taking a couple of rounds...including one in the screen...and the dang thing still worked.
 

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As I recall, the bad guy hadn't served any jail time because he was STILL in the hospital, from the shooting and from later medical complications. I believe he is now less one testicle, among other things. Basically, I don't think the guy is in any condition to face a judge/jury to get his well deserved prison cell assignment.

The bad part for the shooter is that his gun was still in police possession until the case was closed, which can't happen while the bad guy keeps trying to croak in the hospital. I believe the guy had to buy another gun in the interim.

-JT

P.S. - Apparently, the shooter's TV ended up taking a couple of rounds...including one in the screen...and the dang thing still worked.
I actually read the guys entire encounter of the shooting on another forum. He even drew a diagram of the apartment showing exactly how it went down and had pictures to prove it. He was never charged because it was a clear self defense/home invasion shooting. His accounts of the incident woke me up to the realities of SD shootings and shot placement in stressful situations.
 

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I actually read the guys entire encounter of the shooting on another forum. He even drew a diagram of the apartment showing exactly how it went down and had pictures to prove it. He was never charged because it was a clear self defense/home invasion shooting. His accounts of the incident woke me up to the realities of SD shootings and shot placement in stressful situations.
That was a pretty darn harrowing read wasnt it!!??
 

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That was a pretty darn harrowing read wasnt it!!??
Yes it was. But the benefit to me was a dose of reality that finally took hollywood out of my mind. It was a good learning experience.
 

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I actually read the guys entire encounter of the shooting on another forum. He even drew a diagram of the apartment showing exactly how it went down and had pictures to prove it. He was never charged because it was a clear self defense/home invasion shooting. His accounts of the incident woke me up to the realities of SD shootings and shot placement in stressful situations.
I wouldn't mind reading it. Has he allowed cross posting to other forums?
 

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Someone mentioned possible legal repercussions if he talked about it on message boards so he had the entire thread removed just in case.

However, I know that CTHULU, NkmG19 or myself can recount almost every detail of the incident. It was a huge thread and had 20 or more pages when it was taken down.

Here is a quick rundown.

Good guy (now known as GG) just recently met his girlfriend (g/f). She was living with him. She had a crazy ex (now known as BG) that found out where she was. BG decided to get a gun and come kill them both (suspected). BG tried to shoot the door lock out of the entry door of the apartment where the GG and g/f were living. This didnt work so he shot or smashed out the living room window that was directly over the sofa. This noise awoke the GG and g/f late into the early morning hours. GG leaped out of bed and grabbed his XD-9mm from his nightstand drawer. GG went to bedroom door and could see into the living room. He saw the BG coming in the window over the sofa. BG was slightly slowed down coming over sofa. BG fires towards bedroom area. Misses the GG.
GG fired first shot at BG just as he got over the sofa and was upright. First shot is a miss he thinks and went through his door to the outside and lodged in a beam of wood. Second shot accidentally hits BG magazine and it fell out of the Glock he was using. BG only had one bullet left in his chamber but did not realize this! BG continues towards GG.

BG continued to come around the living room coffee table towards the GG still at the bedroom door. GG fired again and missed. BG continues towards GG. GG fires again and hits BG. BG keeps coming. GG continues to fire hit and misses as the BG advances. BG fires his last round as he nears the bedroom door. GG had moved slightly towards his kitchen area. GG fired last round and hit the BG in the femur taking him down to the floor.

At this point the BG had advanced to very near where the GG was. BG was laying on the floor screaming "Kill Me! Kill Me!" while still trying to fire his Glock which was now empty.

In these few seconds it took for this to unfold, someone had called the cops and they showed up with EMT. BG was taken away. GG was questioned, told he done an excellent job, police took his XD9mm and it was over with.

When morning came, GG inspected his home and found a bullet through his front door, a bullet in some of his interior floor edge trim, a bullet in the kitchen pantry, one through his flat screen TV and blood on his floor where the BG was laying there bleeding.

GG never sustained a single hit. No neighbors were injured and his g/f was also not hit.

What scared the GG the most was knowing his extra magazine was locked in a gun safe. He was afraid the BG wasnt going to go down and he was using all the ammo he had.

Police counted 14 rounds fired from GG gun. The BG sustained 6 wounds total. One on hand area from the magazine shot, both arms, chest, abdomen and finally one in the femur. Of all those wounds, only one actually stopped him.

The GG had only owned his pistol about three weeks and was his first handgun (so he says). So, in his first self defense situation he had a 15% hit rate. Almost twice the average hit rate of all police departments in the US.

He lived and was unhurt. Pretty good huh?
 

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At first I thought this scenario was bull crap, but, another forum poster showed a link to where it was actually in a local newspaper/news website. It apparently really happened and I definitely believe it did.

What I found so intriguing was, if the guy is telling all of the truth, he had very little experience with a handgun yet, even in a darkened home and awoke from a sleep, he managed to do better than the national average LEO hit rate. I am not berating LEO's here, I am commending this guys ability to at least do as well or better than normal.

I only hope I manage as well if this ever happens to me and I have to shoot to save my life.

Still, even though he did well and lived, I think that this all took place very very quickly, within probably 20 seconds and he fired 14 rounds very rapidly. Had he more training and not been as susceptible to his obvious terror, he might have had less shots fired and more accurate hits on the bad guy. I pretty much imagine he emptied his gun quite rapidly with very poor aim and just got lucky because it was such close quarters.
 
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