Miami woman killed a teen burglar as he fled her home, police say. Should she be charged?

a reply to: JustAnObservation

There are no reason to go full Dredd on someone. I understand the emotion, that why I say second degree and even that it's discutable.

I lived in the hood for a while and there's a reason they call themselves Hood Rats. They poke around and watch everything. Watch when you come and go. A local had to move because they broke into his house twice then he took a week vacation and sat inside and waited. Sure enough they broke in thinking he was at work. Then figured he wouldn't shoot them when they attacked. He killed 2 out of 3 and the ones mother said it wasn't right that he sat there and waited for them to break in. REALLY not FAIR!!!

originally posted by: Kuroodo
If the teen was fleeing with stolen goods, then she shouldn't get charged.

Or if she felt threatened, as if they would come back again to harm, then she shouldnt be charged

I completely disagree, both from a moral and, from what I know, a legal standpoint.

There is no inanimate "thing" that is equal to the life of a human being. You can't just shoot someone because they took some of your "goods" and are running away, just because they have your property.

Also, generally speaking, once the subject is fleeing, there is no legal justification for feeling threatened enough to open fire and take someone's life.

I feel a rough few months in the legal system coming up for her. Any responsible gun owner will tell you that this was an irresponsible--and probably illegal--use of a firearm against a human being.

I'll deal with this issue later.

a reply to: mamabeth

Read all the links on the first page.

There was an altercation of some sort.

I think we need to wait until the investigation is complete before rendering a final judgement.

a reply to: mikell

I had a neighbor that got broken into 7 times.

He got 2 big dogs.

And that stopped that.

There was a time where self-defense was to protect lives and PROPERTY. It comes down to this, if Trevon wasn't robbing this woman's house, he'd still be alive. That's it plain and simple. In my opinion the blame all belongs on Trevon. For those of you who believe that an inanimate object isn't worth someone's life, apparently Trevon thought that it was worth his.

I would absolutely kill someone breaking into my home, with no remorse. I don't care about their circumstance. A decent person would not do such regardless of their circumstance. However, I don't think I'd shoot someone who has already retreated past the threshold unless they were armed. Not because they don't deserve it, but because of the legal consequences of being adjucated in the wrong.

If however he was still within the threshold of her home, then good shooting.

originally posted by: ReadLeader
Here is a perfect example of how the system is not perfect. I want to hear the view points of ATS- I am holding my opinion for now. The lady lives in a high crime neighborhood, installs some cameras;
when the alarm went off and (I assume she self monitors) she rushes home (the police are purportedly en route as well) she takes the Law into her own hands and shoots the would be robber as he is running AWAY from the home he just broke into.
Is he deserving of the punishment so soon after the crime? Is she just as much of a criminal? Will she be prosecuted (due to being a minority) to the full extent of the Law? Lets hear it ATS!

GWendolyn Jenrette can be forgiven for putting security cameras around her modest Miami home.
She lives in Liberty City, a high-crime neighborhood in a high-crime town.
Her low-slung duplex backs onto the railroad tracks and has been targeted in the past. She can also be forgiven for racing home when, on Thursday afternoon, her security system alerted her to another break-in at the property.
But can she be forgiven for, according to police, fatally shooting a teenager as he fled her house, even as officers were on their way to help? That is the question now facing the state’s attorney’s office.

L I N K

The information will be confused by the 'fog of the news media.' She went home to defend her property and was armed for her protection. One presumes that the LEO's in this neighborhood see theft as a common crime and take a report. Upon arriving at home, she is trying to find the local who was breaking in to get him out of the house. If he was truly fleeing and was outside the house, she may be charged with a crime as she was not defending her life. If he was still inside and confronted her, she is home free, even with a back shot as he could have been going for a kitchen knife or another weapon when he was shot. The nuances of the actual law will determine her fate.
In the Pteridino Palazzo, the rules are simple but not posted anywhere. If the miscreants enter while himself and the Dragon Lady are upstairs in repose, the miscreants have the run of the downstairs while la polizia are being summoned. They have several options. They can take what they can carry and run and take their chances with the polizia or they can go after the occupants. Should the thieves attempt to ascend the stairs to confront himself, a warning shot of #4 buckshot through the chest[s] should slow them down. No one coming upstairs will go down alive.
As others have suggested, the sound of a shotgun being racked is testicle tightening and should instigate a speedy retreat saving a life and saving me the cost of re-carpeting and painting walls. Win-win.

She should be charged. Her life was not in danger. There was no threat to her physically. At this point all it amounts to is revenge.

originally posted by: ReadLeader
Here is a perfect example of how the system is not perfect. I want to hear the view points of ATS- I am holding my opinion for now. The lady lives in a high crime neighborhood, installs some cameras;

when the alarm went off and (I assume she self monitors) she rushes home (the police are purportedly en route as well) she takes the Law into her own hands and shoots the would be robber as he is running AWAY from the home he just broke into.

Is he deserving of the punishment so soon after the crime? Is she just as much of a criminal? Will she be prosecuted (due to being a minority) to the full extent of the Law? Lets hear it ATS!

GWendolyn Jenrette can be forgiven for putting security cameras around her modest Miami home.
She lives in Liberty City, a high-crime neighborhood in a high-crime town.

Her low-slung duplex backs onto the railroad tracks and has been targeted in the past. She can also be forgiven for racing home when, on Thursday afternoon, her security system alerted her to another break-in at the property.

But can she be forgiven for, according to police, fatally shooting a teenager as he fled her house, even as officers were on their way to help? That is the question now facing the state’s attorney’s office.

L I N K

Don't know the laws in Florida, but here in Wisconsin, I think she'd be in trouble. A person fleeing is not a physical threat to you and should not be shot at. I would think she'd be facing manslaughter charges at least ?

a reply to: pteridine

My point of view about that are a little different. In a confrontation, I will always shoot with intend to kill. Your home, is your last stand, you cannot go anywhere else, fight is your last option, don't give anyone the chance to fight back. I won't warn a thief, bang is the last thing he will hear. The reason: I don't know he's intend, he's skill or if he also have a weapon.

The boy fleeing, the intend was clear. Then she got weapon and shoot. That wasn't self defence, that was murder: a revenge, she knew what he did, and that he wasn't a danger. Emotion, ok, but she still shot someone who was clearly NOT dangerous.

EDIT: In my life, I already "spared and warn" someone. He left, got wearpon, wait for me to be unable to defend, and attacked to have revenge. Warning aren't good in life threatening situation.

If anyone should break into my house.. They better be ready to die.
If invited, they should be ready for good food and drinks.

originally posted by: ReadLeader
Will she be prosecuted (due to being a minority) to the full extent of the Law

No. She will be prosecuted for shooting someone in the back unnecessarily.

a reply to: grey580

I have read the article and watched the video...You still can't shoot someone trying
to break in to your house.I am not sure if he was armed,if he was ,then she can
shoot to protect herself.You can't shoot anyone trying to steal from you.You can
only shoot someone trying to harm you or yours.

a reply to: ReadLeader

The actions of this fool that broke in to her home precipitated the events. I don't know exactly how to handle this, but she did not start the sequence of events. I would have a hard time convicting her of anything if I was a juror.

a reply to: mamabeth

Not the case in Florida.

776.013 Home protection; use or threatened 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 or threatening to use 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 or threatened 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;

The 2015 Florida Statutes

That, along with the reported confrontation, was all the justification she needed in the state of Florida.

a reply to: PersonneX

The warning shot is fatal.

"Should the thieves attempt to ascend the stairs to confront himself, a warning shot of #4 buckshot through the chest[s] should slow them down. No one coming upstairs will go down alive."

a reply to: pteridine
My bad

originally posted by: mamabeth
a reply to: grey580

I have read the article and watched the video...You still can't shoot someone trying
to break in to your house.I am not sure if he was armed,if he was ,then she can
shoot to protect herself.You can't shoot anyone trying to steal from you.You can
only shoot someone trying to harm you or yours.

How about take no chances, protect your family he could come back later.