STAND YOUR GROUND
Has the law gone too far?
millard k. ives | Staff Writer
millardives@dailycommercial.com
Bill Gross, the prosecutor who tries more murder cases than any other in Lake County, said he could not recall any incident in which a shooter had killed a person off his property and was later cleared from charges because of the "stand your ground" laws in Florida.
But there have been deadly shootings in which gunmen on their property in Lake County have been shielded by the law's so-called "stand your ground" principle, which defines a man's home as his castle -- and therefore gives him the right to defend his home with deadly force.
Russell Conrad of Cler-mont and Shane Biel of Sorrento had been in their homes in the early hours of the morning in two separate incidents in 2009 when they were awakened by the activities of burglars.
Both fled outside with a .357 magnum to confront the intruders.
Conrad shot Steven Eugene Hilson Jr., 32, after confronting him near the homeowner's pickup, contending that the intruder had lunged at him.
Biel shot 23-year-old Brett Lee Canada, alleging the burglar came at him in a threatening manner.
Neither shooter was charged.
Florida is one of about two dozen states which give immunity from prosecution when using deadly force to defend their home, business -- or "castle."
"It gives you the right to protect your home," said Gross, the prosecutor who reviewed the case for the State Attorney's Office.
This month, the State Attorney's Office decided not to press charges against Randall Wise, the Fruitland Park homeowner who shot Timothy Daniel Cook in June of last year.
In an ongoing feud between neighbors, Cook went to Wise's home to confront him about his wife taking pictures of "activities" in the front yard of girlfriend's home next door.
Wise, who was in the home with his wife and three young children, contended Cook came at him in his doorway in a threatening manner and he felt he and his family "were in danger," when he pulled out his 20-gauge shotgun.
He shot Cook dead in the doorway.
Cook's girlfriend, Tisha Bryant contended she saw him raising his hands before he was shot. But Gross said Cook was reaching for the shotgun and has the pictures taken by Wise's wife during the confrontation to prove it.
"Of course, the law says he did not have to retreat, and creates a presumption that the intruder had the intent to do violence," said Gross on his reasoning for declining to charge Cook.
While Gross refused to comment on Trayvon Martin shooting death, he said he is no fan of the "stand your ground" laws which has triggered increasing debate since Sanford police declined to file charges in the case.
"You want to know how you can kill somebody legally in Florida?" said Arthur Hayhoe, executive director of the Florida Coalition to Stop Gun Violence in a recent interview with the media. "Make sure you have no witnesses, hunt the person down and then say you feared for your life."
Gross said he has received hate mail and criticism over his vocal opposition to the laws.
"We already had such laws to protect these shooters, I just think it's unnecessary," Gross said.
However, Gross added prosecutors and law enforcement agencies are still required to abide by the law, as he cited in the Cook case.
"The law prohibits such an arrest under these circumstances," said Gross in a letter to the sheriff's office. "Likewise, my agency is prohibited by law from prosecuting Wise for the killing."
In Sumter County, a home invader was shot to death in September of last year, allegedly after forcing his way into a Webster residence and beating the 78-year-old homeowner with a large stick.
Officials with the Sumter County Sheriff's Office said homeowner Johnny Warthen, armed with a .38-caliber revolver, fired at least one warning shot at the intruder, before shooting him one time in the upper torso.
The case was forwarded to the State Attorney's Office in Sumter and the status of the case wasn't clear Friday.
"Right now it appears to be self defense," said Hofecker after the shooting, citing the castle doctrine.
One shooter, an alleged drug dealer, could not duck charges despite using the castle doctrine as a defense on murder charges in 2010 after killing two men who he said tried to rob him of drugs.
According to testimony and arguments, Anthony Shervington, 24, and Winston Gordon, 17, went to Eugenio Angelo Spitaliere's Greater Hills subdivision home to buy a quarter pound of marijuana.
But the two men instead pulled out a toy gun and robbed Spitaliere of drugs as well as money and jewelry before running out of the house. Spitaliere pulled out a real gun from underneath a futon and shot both men a total of seven times, including five times in the back and once as one victim lied on the ground, according to testimony.
When he shot the two men and why was at the center of debate.
His lawyers said the robbers pistol-whipped and terrorized Spitaliere as they argued self defense, citing the castle doctrine.
Gross eventually tried Spitaliere on murder charges.
"The defendant went beyond what the law allows him to do," said Gross in an earlier interview. "He executed these men."
The jury came back with a manslaughter conviction.
Friday, March 30, 2012 - www.dailycommercial.com/033112stand