Ocala Shooting

I'm sure it was once it actually got going. It took 8 years to bring him to trial, though.

 

I can't think of any extenuating facts that would make this less than manslaughter. Unarmed victim, on the other side of a door?

 

There was a very significant change to Florida's stand your ground law after Reeves filed and argued his motion. Everything was on hold for quite some time as cases were going through the various district courts of appeals and ultimately the Florida Supreme Court to determine whether those changes were retroactive and whether Reeves would be entitled to a second SYG hearing under the new law. If you check the case progress, you'll see several other matters went up to the 2DCA while it was pending. Go look at the clerk's progress notes for case number 2014CF000216CFAXES and you'll see the case wasn't allowed to languish, it was very actively prosecuted and defended since its inception.

 

Florida woman in custody in AJ Owens' killing, deputies say

 

EXPLAINED: ‘Stand Your Ground’ law debated after mother shot in Ocala (msn.com)

Ben Hutson, Gainesville attorney, explains the controversial law is based in Castle Doctrine.

“When you’re inside your home and someone is unlawfully entering your home or trying to get into your home unlawfully, and you’re aware of that, you’re presumed to have a reasonable fear of them using great bodily harm against you. There is a presumption in that regard. So, you have the right to use deadly force under those circumstances,” said Hutson. “The law says that they did if somebody’s trying to break into their home again that’s a really tough bar for the prosecution to hurtle.”

Hutson also noted actions need to be involved, for the law to kick in.

“If they are just using words, then they are going to have a hard time showing that is a reasonable belief. On the other hand, if while they are using those words, and unlawfully trying to enter somebody’s home, the law is going to kick in again.”

The family named the shooter as Susan Lawrick, 58. They claimed prior to the shooting Lawrick harassed the children in the neighborhood calling them racial slurs.

 

I'm not sure Ben has actually read the statute or understands the doctrine. The Castle Doctrine eliminates the duty to retreat in one's home before using deadly force. It does not create a presumption of fear of great bodily harm.

Edit: Helix posted a statute in which Florida took the common law Castle Doctrine and made significant changes to it, including some presumption language. On balance, I owe Ben an apology. I was referring to the common law doctrine, he was referring to the statute. He did leave out the "forcefully" requirement, but other than that, he was essentially correct.

 

I really don't know which one of you are correct. It's obvious he probably would feel the same about year opinion.

 

Not after he researched it. I'm in the process of preparing 2 stand your ground motions now and have filed several in the past.

 

It sounds like he did but has a different take you. I really don't know who's correct, but once more of the facts are released will know more than. Sheriff Woods does a great job in Ocala.

 

According to reports the woman was known to harass the neighborhood kids. So it wasn’t just some moment she snapped, this was just a bad person.

She assaulted one of the kids on the same day she shot the mother. A Karen totally gone out of control. She needs to die in prison.

 

Nothing that kept her from being fully armed and able to act out her menace with deadly effect.

 

Where did you get that name? I've seen multiple sources name a Susan Lorincz.

 

The lady has been arrested. Charged with manslaughter I believe. Sounds like one of the reasons it took so long to make the arrest is that a couple of the witnesses were her kids and they were trying to be cognizant of their age and trauma they just experienced. At least that is what I think I caught Sheriff Billy Woods saying when GMA covered the story this morning…

 

The way it reads, Florida's castle doctrine law kind of does create that presumption given certain conditions, but stand your ground has absolutely nothing to do with this case whatsoever and does not create a presumption of fear.

That said, stand your ground can only apply in the public domain. This is a castle doctrine case and the Florida castle doctrine law applies and there is a presumption of fear.

Florida's actual castle doctrine law, which is a pretty typical castle doctrine statute, is below:

(2) is the presumption of reasonable fear of death or great bodily injury as long as such deadly force is used against someone trying to forcibly and enter your home, (3) provides some conditions under which forcible entry are lawful and the presumption does not apply (none apply in this case) and (4) is the assumption that the person breaking into a home is doing so with the intent of committing a forcible felony.

Thus, the question will be whether or not a jury believes AC Owens was trying to forcibly enter the home. Repeatedly knocking and shouting, IMO, does not rise anywhere close to the level of trying to forcibly enter the home, absent some evidence that AC Owens had a crowbar, axe, or other actual means to force entry. The law doesn't, in this case, provide for the assumption of reasonable fear to apply when someone merely believes another person is attempting forcible entry regardless of if they are actually trying to force entry.

 

From the Gainesville Sun article

 

Siri, show me white privilege thinking


In a statement to investigators after the shooting of Ajike Owens, a 35-year-old Black mother of four, Lorincz was quoted as saying she had problems for two years with children in the neighborhood not “respecting” her — including the victim’s children, who range in age from 3 to 12 years old.


According to the sheriff’s timeline, Lorincz called the department at 8:54 p.m. on the night of the shooting to say kids were threatening her and trespassing. She had previously placed “No trespassing” signs in the grassy areas, despite those being shared areas and not part of her rental. Lorincz said in court she doesn’t own the property.

Fla. woman who fatally shot neighbor appears in court
Fla. woman who fatally shot neighbor appears in court - Tampa Bay Times

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Aside: when are we going to get to read the Nashville trans mass killer’s manifesto ?

 

Nashville Police have the document, and it’s been in litigation.

Nashville school shooter’s parents pass victim families ownership of ‘manifesto’

 

Thanks for that. That is not the common law Castle Doctrine, Florida has modified it heavily to come up with the statute you quoted. It's almost more of a "Make My Day" law.

I think this is the better statute for the homeowner to argue, subsection 2 allows the use of deadly force to PREVENT the commission of a forcible felony, no (rebuttable) presumption involved, no affirmative defense, just a straight up statutory defense. It also doesn't require the entry to be done "forcefully.":

CRIMES Chapter 776
JUSTIFIABLE USE OF FORCE
776.012 Use or threatened use of force in defense of person.—
(1) A person is justified in using or threatening to use force, except deadly force, against another when and to the extent that the person reasonably believes that such conduct is necessary to defend himself or herself or another against the other’s imminent use of unlawful force. A person who uses or threatens to use force in accordance with this subsection does not have a duty to retreat before using or threatening to use such force.
(2) A person is justified in using or threatening to use deadly force if he or she reasonably believes that using or threatening to use such force is necessary to prevent imminent death or great bodily harm to himself or herself or another or to prevent the imminent commission of a forcible felony. A person who uses or threatens to use deadly force in accordance with this subsection does not have a duty to retreat and has the right to stand his or her ground if the person using or threatening to use the deadly force is not engaged in a criminal activity and is in a place where he or she has a right to be.

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.

You don't have to let them break in, you can shoot them to prevent them from breaking in as long as that belief is reasonable.

 

Update on charges. I still maintain that if she had just opened the door and shot, then claimed fear, she would have never been charged. Supposedly not acting out of spite.
Hmmm.


Susan Lorincz was arrested earlier this month following the fatal shooting of Ajike Owens in Ocala. She was formally charged with one count of manslaughter with a firearm and one count of assault.

State Attorney William Gladson said his office contemplated filing a second-degree murder charge but prosecutors concluded there was insufficient evidence that Lorincz had “hatred, spite, ill will or evil intent” toward Owens.

“As deplorable as the defendant’s actions were in this case, there is insufficient evidence to prove this specific and required element of second-degree murder,” Gladson said in a statement.




White Florida woman is charged in fatal shooting of her Black neighbor
White Florida woman is charged in fatal shooting of her Black neighbor - Tampa Bay Times

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