Wrongful Death of Teenager - Part 2
In my earlier blog this week I posted the "Stand Your Ground" statue for you to read and get a better understanding of the law. I also made reference to the Trayvon Martin wrongful death shooting in Sanford, Florida, where he was shot and killed by the Neighborhood Watch Captain of his dad's gated community.
Initial reports were that Trayvon went to the store to get snacks for his little brother and was running back to his dad's condo when he was approached and fired upon by the Watch Captain. He was killed on the scene; in his possession he had a pack of Skittles an Iced Tea and some money.
The 2011 Florida Statutes
Chapter 776 JUSTIFIABLE USE OF FORCE cont'd
776.013 Home protection; use of deadly force; presumption of fear of death or great bodily harm.—
(3) A person who is not engaged in an unlawful activity and who is attacked in any other place where he or she has a right to be has no duty to retreat and has the right to stand his or her ground and meet force with force, including deadly force if he or she reasonably believes it is necessary to do so to prevent death or great bodily harm to himself or herself or another or to prevent the commission of a forcible felony.
(4) A person who unlawfully and by force enters or attempts to enter a person’s dwelling, residence, or occupied vehicle is presumed to be doing so with the intent to commit an unlawful act involving force or violence.
(5) As used in this section, the term:
(a) “Dwelling” means a building or conveyance of any kind, including any attached porch, whether the building or conveyance is temporary or permanent, mobile or immobile, which has a roof over it, including a tent, and is designed to be occupied by people lodging therein at night.
(b) “Residence” means a dwelling in which a person resides either temporarily or permanently or is visiting as an invited guest.
(c) “Vehicle” means a conveyance of any kind, whether or not motorized, which is designed to transport people or property.
This is the last of the Statue, I hope you have an understanding of the law now. After listening to all the reports and reading the law does it pertain to this case Trayvon Martin and the action taken by the Neighborhood Watch Captain was it really warranted? This case I will continue to follow, as every day there are new developments.
As Attorney practicing in Fort Lauderdale for over 10 years, I have represented cases of wrongful death and personal injury with success. I have ensured that their loved ones get closure and justice is served on behalf of their loved ones. Should you or a loved one be a victim of wrongful death please do not hesitate to contact any of our offices located in Fort Lauderdale; Weston; Pembroke Pines; Silver Lakes; Aventura; Coral Springs and Davie for your free consultation via telephone 954 431 8100 or 305 624 9186 or online.
