Florida Shooters Network

Chigger wrote: ↑

What moronic jewelry store owner doesn't put an electric lock on the door to come and go?

A jewelry store that wants upscale customers.

Yup. Martin County isn’t like Dade where every business is like a prison.

Flame Red mentioned the liberal urban areas in Florida. This is the reddest county in SE Florida. If the store owner has a chance of getting away with this, it’s here. But look at that guy shooting the hatchet thief. Wasn’t that in Polk County?

Not all states have the same kind of laws about shooting fleeing felons as Florida.
Indiana might still have legal immunity for shooting one.
It came about due to the train robbing Reno gang.

Great shoot...
If you’re a cop.

let's see. Bad guy tries on rings, threatens to kill someone (remember the bank robber scenario, it's not necessary to see a weapon to get charged with armed robbery....did the bad guy create a reasonable fear of death or great bodily harm when he made the threat) bad guy knocks someone down, commits at least battery in attempt to flee...does this contribute to fear? Now that he is fleeing is he of the unarmed non dangerous variety fleeing felon or can we say he may be reasonably perceived as armed and/or dangerous. Note the person who appears to try to stop his escape outside. Did that person fall to the tarmac as a result of being struck by the car?... might there be an aggravated battery here that contributes to perception fear and dangerousness? A civilian chasing the suspect outside and shooting him has a problem and it isn't an open and shut case. He will of course will pay for some lawyer's kid's first and second year of college but that's life.

I agree it's a grey area. But come on. Why attack a business owner in a case like this. It's nothing like the hatchet shoot. My point is when does a crime end. If someone breaks into your home and robs the hell out of you.

Steals thousands of dollars of your property. All of you are telling me just because the pos is leaving your home and did not shoot you. You'd just let him go with your property. I bet you most would not give a damn if they were in a car leaving. You'd light their butts up. I damn sure would. You break into my home and rob me. Your not leaving.

Again if that had been a LEO thrown on the ground like that employee. L.E. would have fired on that car. They've done it in the past. If caught they'd be CHARGED with what? ATTEMPTED murder of a LEO for doing the same thing that was done to the employee. Not assault.

Your telling me their life is more valuable than ours. There's something wrong here. Just because a felon is fleeing after robbing and assaulting/attempting to murder you by running over you. The the robber that just commit a felony crime should given a free pass. This was not a misdemeanor.

Yet it's the store owner being bashed or accused of coaching the employee. Hell just open your doors and say if your unarmed come on in rob me and run. There's nothing I can do to you. Just keep your back to me. That is stupid and the damn law is stupid.

If it's a felony robbery and they say they are armed and threaten to kill you. Then just because they turn their back and run should not give them a free pass.

The real problem is there's too many confusing laws.
Previous generations didn't have these moral conflicts or fear of prosecution for defending what's theirs.

The problem here has nothing to do with it being a good shoot or not. It's all a matter of local politics. He may or may not be charged for shooting the fleeing felon and we won't really know until either he is charged or the statute of limitations runs out. The prosecutor could be denying any intent to press charges right up to the last day the law allows him to delay, then bring charges against him.

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Jewelry store robbery: Will owner or getaway car driver be charged in teen's shooting?
MELISSA E. HOLSMAN | TREASURE COAST NEWSPAPERS
Updated 5:11 p.m. EST Dec. 15, 2018

Martin County Sheriff's officials released video of a shooting after what investigators say was a robbery Thursday, Dec. 13, 2018, at a Martin County jewelry store.

WILL GREENLEE/TCPALM

MARTIN COUNTY — A Jensen Beach jewelry store owner who shot a teen fleeing in a car after a robbery Thursday likely will not be charged, the sheriff said Friday, but prosecutors would not confirm that with TCPalm.

“We have no intention, as of now, based on the evidence we have, of making an arrest," Sheriff William Snyder said, referring to Treasure Coast Liquidators owner Michael Dacey, a New York Police Department detective who retired in 2003.

Investigators discussed the matter with the State Attorney’s Office, Snyder said.

“We walked away believing that the shooting was justified, well within the scope of using justifiable force during the commission of a forcible felony,” Snyder said. “Unless something really dramatic changes, I do not anticipate any arrest coming out of this.

The circumstances weren't a matter of self-defense or the state's stand your ground law, Snyder said.

Dacey fired a Glock 19 into the back window of the getaway car, hitting the passenger in the back of the head, according to Snyder and arrest reports.

Jakeem McMillian, 17, of Pompano Beach, remained on life support Friday, a sheriff's spokeswoman said.

Still investigating.

Prosecutors, however, would not speculate on charges with TCPalm Friday.

Investigators are still trying to determine what happened at the moment Dacey fired at McMillian, Chief Assistant State Attorney Tom Bakkedahl said.

“That matter is under investigation by the sheriff’s office and we’ll wait for the conclusion of that investigation,” Bakkedahl said. “All potentialities are being reviewed and looked at by the sheriff’s office and we’re going to wait and hear how that turns out.”

Bakkedahl would not speculate "on what could or couldn’t have happened."

"The investigations encompass a review of everybody’s activities in the crime,” he said.

Scuffle over jewelry.

After trying on jewelry, McMillian ran out of the Granada Plaza store with the items still on and jumped in the passenger seat of a car, where a driver was waiting to take off, according to the sheriff and arrest reports.

An employee ran out of the store and tried to take back the jewelry, but McMillian pushed him off and the employee fell back off the door, Snyder and reports say.

Dacey told investigators he saw the scuffle, came out of the store and shot at the vehicle at least once, hitting McMillian, Snyder said.

"Michael (Dacey) stated that he believed that (the employee) had been hit by the car or he was shot," an arrest report states. "Michael stated that he used a Glock 19 firearm to fire one shot at the vehicle and he stated that he observed the rear windshield break afterward."

Dacey, 57, who lives in Hammock Creek in Palm City, has owned the store at 2317 and 2319 N.W. Federal Highway with wife Barbara since 2012. He could not be reached for comment Friday.

Driver could be charged.

If McMillian dies, the getaway car driver could be charged with second-degree felony murder because McMillian was shot during the commission of a felony, Bakkedahl said.

John Clark, 16, of North Lauderdale, already is charged with robbery and grand theft.

“Some years back there was a boyfriend and girlfriend and his girlfriend was killed in the course of their flight from a robbery of a bank and we charged him with what is second-degree felony murder,” Bakkedahl said. “And so that’s a felony murder in which one of the two participants in the crime, or multiple participants in a crime, one of which is killed.”

“So it is a possibility,” he added, “but again, I’m not saying that’s going to happen, I’m not saying it’s not going to happen.”

Clark is being held at the St. Lucie County Juvenile Detention Center in Fort Pierce and had a first-appearance hearing Friday morning via closed-circuit television.

"776.08 Forcible felony.—“Forcible felony” means treason; murder; manslaughter; sexual battery; carjacking; home-invasion robbery; robbery; burglary; arson; kidnapping; aggravated assault; aggravated battery; aggravated stalking; aircraft piracy; unlawful throwing, placing, or discharging of a destructive device or bomb; and any other felony which involves the use or threat of physical force or violence against any individual."

http://www.leg.state.fl.us/statutes/ind ... 76.08.html

zeebaron wrote: ↑Mon Dec 17, 2018 10:19 pm "776.08 Forcible felony.—“Forcible felony” means treason; murder; manslaughter; sexual battery; carjacking; home-invasion robbery; robbery; burglary; arson; kidnapping; aggravated assault; aggravated battery; aggravated stalking; aircraft piracy; unlawful throwing, placing, or discharging of a destructive device or bomb; and any other felony which involves the use or threat of physical force or violence against any individual."

http://www.leg.state.fl.us/statutes/ind ... 76.08.html

Question will be....was he IN THE COMMISSION (according to the DA and not "us" aka joe citizen) of said "forcible felony" and/or did the shooter fear for his or someone else's life? If we had more POS's getting this kind of instant street justice, there'd be a WHOLE LOT LESS crime IMO!