Along the lines of...what the heck is wrong with people...

[Alex]

Shooting the kid to death is the crime. Had he strangled him to death the law would not apply.

 

[disykat]

There it is again - the parents quoted as saying "killing our son for no reason". While I certainly agree he should not have shot their son, there is a basic denial of the fact that the kid was the one who initiated the encounter.

 

[Pin Wizard]

I think the parents are right! Someone knocking on the door is NO reason to kill them!

 

[floridaminnie]

To me it sounds as if he possibly wasn't running until after he was shot.

If someone was shooting at me, I would run away also!

THe point is that the kids were harrassing at most the person which does not give him the legal right to shoot anyone. In my law class in college we were told that a person can be shot in your house when they break in or the such (your protecting your property or yourself) and you don't shoot them in the back.

 

[Jw122777]

The home owner didn't use the gun during the commission of a crime, so I don't see how the charge could be 2nd degree murder. What he did was reckless, yes, but he certainly didn't commit a crime while in the possession of a firearm.


To me it sounds as if he possibly wasn't running until after he was shot.

 

[Jw122777]

Another argument for gun control. It's always the idiots that have them.

OK, obviously I am alone here, but I am having a hard time understanding this. I get that he probably could have shot a warning shot first or just dialed 911 but I'm picturing being alone at home, asleep in bed, not causing any trouble and all the sudden I'm hearing noises, the teens were tying fishing wire to his door, man wakes up a little disoriented, obviously the first thing that must have come to his mind doing was "oh, I bet that is a couple of kids playing ding dong ditch in the middle of the night, let me go get my gun and shoot him ruining his life, my life and all family.members involved for both!" OR do you think it just may be possible that he thought, "oh my God, i hear noises someone is outside, it's the middle of the night, I better get my gun and defend myself and my home, just in case this is an armed robbery and he kills me first!" Then, after he opens the door, this "little kid" who was 6'2 ran, let's see, who may run when confronted?! Hmm, we'll obviously a teenager pranking neighbors, but isn't it true that a robber being caught would try to put distance between himself and the homeowner if being caught in the act of breaking and entering?! I mean, now this man is in jail for over 20 years for being home, in bed, asleep and a couple of kids, playing stupid games, happen to knock on his door and here we are all involved with both sides lives are ruined forever. Yes not shooting would have changed the outcome, but the same cold be said for these children to be home in bed where they belonged instead of walking the streets disturbing people in the middle of the night! None of us were there, we don't and can't know all of what caused this outcome! Maybe the lighting was poor or there was a shadow that made the just woken homeowner whose imagination was probably in overdrive considering that he believed he was being robbed! Maybe there had been other home robberies nearby lately and he recently heard about it, nobody thinks it must be girl scouts selling cookies when someone shows up knocking in the middle of the night! I think that gun safety classes, MAYBE community service and living with the fact that he knows now that he killed a kid, playing a dumb game is enough punishment for someone who was in bed asleep and would have stayed that way had those kids been home where they belonged that time of night! If he had shot someone who was breaking in to Rob him, he would be a hero, he didn't ask for this to happen at all!

 

[Bianca and Bernard]

Zombies are coming!

I just want to add...this thread was created a month after my DS was born.
He's now 13.
I think the case has been settled by now.

 

[Happyinwonerland]

I know this is a zombie thread, but it got me curious about the resolution.

He plead guilty, got 10 years's probation.

http://articles.orlandosentinel.com/2004-10-23/news/0410230439_1_boca-raton-levin-palm-beach

The kid's family won a $750k judgement that the guy tried to get out of by filing bankruptcy. The judge ruled that he must pay the money despite the bankruptcy.

http://articles.sun-sentinel.com/20...908_1_bankruptcy-filing-jay-levin-judge-rules

 

[dclpluto]

Only got a year in the county jail on weekends and 10 year probabtion and some community service. Really messed up justice system we have

 

[CarolAnn856]

OK, obviously I am alone here, but I am having a hard time understanding this. I get that he probably could have shot a warning shot first or just dialed 911 but I'm picturing being alone at home, asleep in bed, not causing any trouble and all the sudden I'm hearing noises, the teens were tying fishing wire to his door, man wakes up a little disoriented, obviously the first thing that must have come to his mind doing was "oh, I bet that is a couple of kids playing ding dong ditch in the middle of the night, let me go get my gun and shoot him ruining his life, my life and all family.members involved for both!" OR do you think it just may be possible that he thought, "oh my God, i hear noises someone is outside, it's the middle of the night, I better get my gun and defend myself and my home, just in case this is an armed robbery and he kills me first!" Then, after he opens the door, this "little kid" who was 6'2 ran, let's see, who may run when confronted?! Hmm, we'll obviously a teenager pranking neighbors, but isn't it true that a robber being caught would try to put distance between himself and the homeowner if being caught in the act of breaking and entering?! I mean, now this man is in jail for over 20 years for being home, in bed, asleep and a couple of kids, playing stupid games, happen to knock on his door and here we are all involved with both sides lives are ruined forever. Yes not shooting would have changed the outcome, but the same cold be said for these children to be home in bed where they belonged instead of walking the streets disturbing people in the middle of the night! None of us were there, we don't and can't know all of what caused this outcome! Maybe the lighting was poor or there was a shadow that made the just woken homeowner whose imagination was probably in overdrive considering that he believed he was being robbed! Maybe there had been other home robberies nearby lately and he recently heard about it, nobody thinks it must be girl scouts selling cookies when someone shows up knocking in the middle of the night! I think that gun safety classes, MAYBE community service and living with the fact that he knows now that he killed a kid, playing a dumb game is enough punishment for someone who was in bed asleep and would have stayed that way had those kids been home where they belonged that time of night! If he had shot someone who was breaking in to Rob him, he would be a hero, he didn't ask for this to happen at all!

Interesting first and second posts. A wall of text on a controversial topic that you bumped on a 14 year old thread. Welcome to the Dis.

 

[ronandannette]

I know this is a zombie thread, but it got me curious about the resolution.

He plead guilty, got 10 years's probation.

http://articles.orlandosentinel.com/2004-10-23/news/0410230439_1_boca-raton-levin-palm-beach

The kid's family won a $750k judgement that the guy tried to get out of by filing bankruptcy. The judge ruled that he must pay the money despite the bankruptcy.

http://articles.sun-sentinel.com/20...908_1_bankruptcy-filing-jay-levin-judge-rules

Thanks! Of course we get that this is a zombie-thread, but the DIS has been a bit of a yawn lately - it made for interesting reading and then curiosity about the outcome. I found the follow-up about the civil suit judgement most interesting. You don't see a lot of those types of legal actions here in Canada and apparently our bankruptcy laws are also very different. All interesting.

 

[Pacolovestacos]

The punishment is a joke. And he won't pay a dime. It's so easy to avoid judgments, it's simply a worthless punishment.

 

[Mizzoufan]

What a sad tragedy all the way around. I do feel for the shooter who knows how many times these kids have done that before. Everyone has a breaking point. Did this boy deserve to die no but at 16 you know right from wrong. There is a difference between knocking and banging

OOps never mind stupid zombies got me. AGH

 

[ronandannette]

The punishment is a joke. And he won't pay a dime. It's so easy to avoid judgments, it's simply a worthless punishment.

Which is why I mentioned bankruptcy is very different here. When a person or sometimes a corporation is declared bankrupt by the court, a mandated "recovery" is ordered by the judge which includes the liquidation of assets and a monthly payment (based on your income, even if it's only a few dollars a month) into a trust fund to be distributed to the creditors. This arrangement can last for years and your bankruptcy status isn't discharged until it's satisfied. You have to return to court periodically for a review of your compliance with recovery, which the bankruptcy trustee is responsible for overseeing and must report to the court if you default. The ultimate penalty for defaulting on recover is jail time, or at the very least being "bankrupt" and therefore ineligible for credit, forever. The only way bankruptcy is a ticket to walk away scott-free is if you plan to work under the table and look over your shoulder for the rest of your life.

 

[Pacolovestacos]

Which is why I mentioned bankruptcy is very different here. When a person or sometimes a corporation is declared bankrupt by the court, a mandated "recovery" is ordered by the judge which includes the liquidation of assets and a monthly payment (based on your income, even if it's only a few dollars a month) into a trust fund to be distributed to the creditors. This arrangement can last for years and your bankruptcy status isn't discharged until it's satisfied. You have to return to court periodically for a review of your compliance with recovery, which the bankruptcy trustee is responsible for overseeing and must report to the court if you default. The ultimate penalty for defaulting on recover is jail time, or at the very least being "bankrupt" and therefore ineligible for credit, forever. The only way bankruptcy is a ticket to walk away scott-free is if you plan to work under the table and look over your shoulder for the rest of your life.

1) He could simply leave the country
2) He could take odd jobs for cash that don't report a 1099 and nothing gets paid

 

[low-key]

wonder what ever happen to some of the people who posted on this thread, hope there good

 

[arminnie]

I am an elderly disabled woman - but I own a gun and am well trained in self defense. I may not be able to run or be physically active - but I will not let myself be victimized if I can help it.

I live in a very high crime rate area where the police are pretty much worthless. (New Orleans) I will NOT be a victim. Threaten me and you will likely end up dead. I do NOT want to hurt any one - but I do not want to be killed for being passive. I DO NOT want to ever have to use my firearm against another person - but more than that I do not want to end up dead.

 

[Dan Murphy]

I opened this thread after seeing Sandy's board name Pin Wizard as the OP. I was stunned to see her name again, has been ages. Sorry to see it was from 14 years ago. And so many other good people replying.