We had a home invasion in my town also where somebody broke into a home, the woman (the homeowner) woke up to find somebody standing at the foot of
her bed with a knife in their hand, and she screamed.
This brought her two sons running into her room, one started scuffling with the knife yielding intruder, the other one grabbed a shot gun and killed
him.
No charges have been filed!
Vero Beach Man Shoots, Kills Intruder
ndian River County Sheriff’s Office detectives said Thomas Thompson was armed with a knife when he broke into the home on 47th Avenue and woke up
Francis Hornsby. She screamed, alerting sons Robert, also known as Paris, 20, and Austin, 19.
“Someone came through our window, had a knife -- they’re in my mom’s room standing over her bed,” Austin Hornsby told WPBF News 25’s Terri
Parker. “I chased him out, tackled him midway through the house. My brother came out, shot him with a shotgun, end of story.”
Charges unlikely in fatal home invasion shooting
"
The way I understand the Castle Doctrine," said sheriff's Detective Chris Cassinari, an investigator on the case, "
if someone
forcibly breaks into your home — and there is evidence that that's what happened here, since there was evidence of a break-in and the fact that
he was armed with a couple of knives —
it is reasonable to assume that (the perpetrator) means you bodily harm, and you have the right to
defend yourself up to and including the use of deadly force.
"
All of the evidence I have to this point," Cassinari added, "indicates that this was a break-in where the resident of a home was protecting
himself and his family."
Tom Bakkedahl, chief assistant state attorney for the 19th Judicial Circuit, which includes the Treasure Coast, agreed that the Thompson shooting
"appears to be a good example" of the Castle Doctrine.
"Here you have people in their home, asleep, and a woman wakes up to find a strange man at the foot of her bed," he said. "It doesn't take a
rocket scientist to conclude that he means to do you harm."
Bakkedahl said the Castle Doctrine, from the phrase: "A man's home is his castle," has origins in common law, "back when there were actually
castles. You've never had to retreat from an intruder in your home when it comes to protecting yourself and your family."
Legislation enacted in Florida in October 2005 broadened the doctrine, Bakkedahl said, to include intrusions into an occupied vehicle and doing away
with the "duty-to-retreat" principle.
"Let's say you're standing in the parking lot at Wal-Mart and you're attacked," Bakkedahl said. "
The old law said you had to retreat from the
attack until your back was up against the wall. You no longer have that duty. Even outside your 'castle,' you have the right to meet force with
force, including deadly force."
I hope every state has a similiar law!
[edit on 10/15/2008 by Keyhole]