FL - Homeowner Shot But Shoots, Kills Armed Intruder

[Kevlar]

A home invasion victim fatally shot one of the invaders Sunday in Carrollwood, and investigators have since arrested two other people involved in the crime, Hillsborough County deputies said.

Victim Anthony Dipaolo, 23, shot and killed suspect Jonathan Fernandez, 23, sheriff's spokeswoman Debbie Carter said. Fernandez died at the scene.

Dipaolo was shot in the left leg.

Though Dipaolo fatally shot Fernandez, two other home invasion suspects also have been charged with murder: Willie Goff and Katherine Schaeffer. Sheriff's spokeswoman Debbie Carter said they were charged because their involvement in the offense led to the fatal shooting.

Goff, 29, of Tampa, was arrested Sunday afternoon and charged with second-degree murder and robbery-home invasion.

Schaeffer, 24, of Tampa, was arrested about 2:30 a.m. today at the Best Value Inn in Panama Beach. She was arrested by Panama City police and charged with second-degree murder, robbery-home invasion and aggravated battery.

Fernandez, of 4401 Cedar Cypress St., was dead when Hillsborough County deputies arrived at 4401 Hudson Lane about 4:30 a.m. Sunday.

Dipaolo was treated and released from a local hospital, Carter said.

http://www2.tbo.com/content/2010/ju...rollwood-slaying-home-invasion/news-breaking/

 

[Titan]

Wow, that's a twist I haven't seen before.

Two of the intruders are being charged with the murder of their buddy because he was killed in the offense by the intended victim.

Outstanding!

 

[cekim]

Wow, that's a twist I haven't seen before.

Two of the intruders are being charged with the murder of their buddy because he was killed in the offense by the intended victim.

Outstanding!

It's called "felony murder"

I wonderful idea that has been around for a while. Someone dies because you are committing a felony and you get charged with their murder.

 

[BWhite]

Why isnt Felony Murder used more often ?

 

[cekim]

What makes you think it isn't? Though I suspect the real answer to your question is "plea bargain." Facing this charge, criminals "roll over" for lesser charges...

 

[Titan]

It's called "felony murder"

I wonderful idea that has been around for a while. Someone dies because you are committing a felony and you get charged with their murder.

I've heard of felony murder before but I guess I'm more used to hearing it when the victim dies even though the cohorts claim they had nothing to do with the acts of the 'ringleader'. Interesting.

 

[ptanks56]

I love reading stories that end like this. But it must go farther. What has happened to Capital Punishment in the US of A?
Anybody remember or read about the Lindberg kidnapping way back, yep Charles Lindberg. If I have if right from reading his baby was kidnapped, there was immediate use of the term "Capital Crime" punishable by death. Back then so wasn't rape, murder, maybe even attempted murder. What in the hell happened. Then good ole boy Crazy Charlie Manson, got convicted and then Californication over turns the death penalty. AWWWW shit! here it all comes now. So what do you folks think? Am I just a hater? Or should there be real justice?
Tank

 

[cekim]

I love reading stories that end like this. But it must go farther. What has happened to Capital Punishment in the US of A?
Anybody remember or read about the Lindberg kidnapping way back, yep Charles Lindberg. If I have if right from reading his baby was kidnapped, there was immediate use of the term "Capital Crime" punishable by death. Back then so wasn't rape, murder, maybe even attempted murder. What in the hell happened. Then good ole boy Crazy Charlie Manson, got convicted and then Californication over turns the death penalty. AWWWW shit! here it all comes now. So what do you folks think? Am I just a hater? Or should there be real justice?
Tank

To be fair, some of what happened was that rampant abuse of power was repeatedly demonstrated in the justice system.

My solution to this is that the punishment for prosecutorial misconduct needs to be scary enough to terrify those who would do it...

There is far too much professional courtesy there.

IMHO, we spend far too much time prosecuting and incarcerating people for relatively trivial things and punish the really violent people far too little. The term "felony" used to mean something profound.

 

[Gonzo]

Well, felony is just a term for a crime that's pusishable by 1 year or greater in prison, IIRC.

Kind of a dumb rule of thumb to deprive someone of just one constitutionally protected right, but I digress.

 

[cekim]

Well, felony is just a term for a crime that's pusishable by 1 year or greater in prison, IIRC.

Kind of a dumb rule of thumb to deprive someone of just one constitutionally protected right, but I digress.

Yes, but look at the crimes that it was intended to punish... Now everything is a felony because it's tough to find a sentence less than a year.

 

[Gonzo]

Yes, but look at the crimes that it was intended to punish... Now everything is a felony because it's tough to find a sentence less than a year.

Agree.

 

[Kevlar]

Well, felony is just a term for a crime that's pusishable by 1 year or greater in prison, IIRC.

Under Federal firearms law, a felony is any Federal or State level offense denoted as a felony, or any State level offense denoted as a misdemeanor with a potential penalty in excess of 2 years incarceration. (18 U.S.C. 922(g)(1) and 18 U.S.C. 921 (a)(20)(B))

Under MA law, "A crime punishable by death or imprisonment in the state prison is a felony. All other crimes are misdemeanors." (M.G.L. c.274 s.1)

 

[Gonzo]

Under Federal firearms law, a felony is any Federal or State level offense denoted as a felony, or any State level offense denoted as a misdemeanor with a potential penalty in excess of 2 years incarceration. (18 U.S.C. 922(g)(1) and 18 U.S.C. 921 (a)(20)(B))

Under MA law, "A crime punishable by death or imprisonment in the state prison is a felony. All other crimes are misdemeanors." (M.G.L. c.274 s.1)

Seems totally reasonable.