Florida Man Shoots Robbery Suspect In head- No Charges Filed

[thegodfather]

I like stories like this. Florida, as some of you may know, has a "NO Retreat" clause, meaning that even in a public place, a person has the right to stand their ground and defend themelves or others if they reasonably believe their lives to be in danger. It is an extension of the castle doctrine. It really burns liberals bridges, and that makes me smile.



By Rich Phillips
CNN Senior Producer


MIAMI, Florida (CNN) -- Authorities do not plan to file charges against a Florida orange grove owner who fatally shot a 21-year-old woman, saying he is protected under the state's controversial "no retreat" law.


Bullet holes pocked the windshield of the crashed SUV, and blood stained he passenger seat.

1 of 3 But the woman's boyfriend faces second-degree murder charges in her death, because the woman was shot to death during an alleged felony -- the theft of an SUV.

Tony Curtis Phillips, 29, didn't fire a single shot. He didn't even know his girlfriend, Nikki McCormick, was dead until police showed him an online news story.

Police said McCormick accompanied Phillips as he attempted to steal the SUV from a barn in an orange grove near Wahneta, Florida, before daylight Tuesday.

Grove owner Ladon "Jamie" Jones opened fire as the SUV approached him, according to an affidavit released by the Polk County Sheriff's Office. Phillips fled; McCormick was shot in the head and later died.

Authorities said Jones is protected by Florida's "no retreat" law, which gives him the right to use lethal force if he reasonably believes his life is in danger. Phillips, however, faces charges because police allege he was committing felony grand theft auto at the time of McCormick's death.

"Because his conduct caused her death, he gets charged with a felony," Polk County Sheriff Grady Judd said.

Phillips was arrested late Tuesday in Polk County, near Lakeland, after a day on the run. Police said he didn't believe McCormick was dead at first, telling officers, "Of all the times you've questioned me, this is a nasty trick you're playing on me this time." He agreed to cooperate if detectives could prove she was dead.

Judd said detectives called up the shooting story on the local newspaper's Web site and "let him read it online, and that's when he broke down and cried, and gave us a confession," Judd said.

According to the affidavit, Jones heard his Toyota Land Cruiser, parked in the barn at his orange grove, start up before daylight Tuesday. Jones told police he grabbed his gun, a 9mm that he keeps with him while working at the grove. He said he could see two people in the SUV as it backed out of the barn, according to the affidavit. He said he saw the passenger's arm reach outside the vehicle, and believed that person might be holding a gun.

The Land Cruiser stopped directly in front of him, Jones said in the affidavit. He said he raised his gun and pointed it at the occupants, shouting "Stop," but the vehicle appeared to be moving directly toward him.

"Fearing for his life, he then fired what he thought to be six to eight rounds into the front windshield of the vehicle," the affidavit stated.

The vehicle backed up at high speed, crashed through a fence and ended up in a ditch. Jones told police a man jumped out of the SUV and ran away.

Sheriff's deputies found McCormick inside the vehicle with a bullet wound to her head. She was taken to Lakeland Regional Medical Center, where she died.

Jones did not return a call from CNN seeking comment.

Authorities will forward their information to prosecutors, Judd said, but are "not going to file any charges [against Jones] at this point, because we don't see any reason to arrest Mr. Jones," Judd said. "... It appears, at this point in the investigation, Mr. Jones was completely, legally justified in his actions."

A Polk County judge on Thursday ordered Phillips held without bond. A public defender was appointed to his case.

Polk County Public Defender J. Marion Moorman declined to comment on the charges to CNN. "We will, of course, be interviewing the client very soon, and will be undertaking his defense from there," he said.

Phillips told police he assumed McCormick had also gotten out of the vehicle and run away, according to the affidavit. He said he was sorry for what happened "and said he knew he was partially responsible for her death," the affidavit said.

Polk County State Attorney's Office spokesman Chip Thulberry said his office will review the case when the sheriff's investigation is completed.

The Brady Campaign to prevent Gun Violence says Florida is one of 16 states that have enacted "no retreat" laws, which some call "shoot-first" laws. The laws extend the right to use deadly force beyond a person's home and into public places.

"The shoot-first law is not needed," said Brian Malte of the Brady Campaign. "This person, regardless of the situation, may have done the right thing, but he cannot be prosecuted for doing something wrong if he hit an innocent bystander," he said.

Other groups stand by the "no retreat" laws.

"At the moment a crime occurs, victims don't have the luxury of time," said Andrew Arulanandam of the National Rifle Association. "They have seconds to decide on a course of action to protect their lives and their families. This law provides law-abiding people with options."

[spywizard]

"The shoot-first law is not needed," said Brian Malte of the Brady Campaign. "This person, regardless of the situation, may have done the right thing, but he cannot be prosecuted for doing something wrong if he hit an innocent bystander," he said.


Innocent bystander???? the woman was not innocent, she was in a stolen car, she was a felon, committing a felony act of theft, and then attempted assault with a deadly weapon (the suv)...

If she had been at home in bed, or at a job she wouldn't have been shot.. correct??

[RA]

amen

"The shoot-first law is not needed," said Brian Malte of the Brady Campaign. "This person, regardless of the situation, may have done the right thing, but he cannot be prosecuted for doing something wrong if he hit an innocent bystander," he said.


Innocent bystander???? the woman was not innocent, she was in a stolen car, she was a felon, committing a felony act of theft, and then attempted assault with a deadly weapon (the suv)...

If she had been at home in bed, or at a job she wouldn't have been shot.. correct??

[quarry206]

the beauty of florida law, i love my state...

though i will say there "seems" to be details left out of the story....

polk county has one of the most pro-shoot them mind sets in all of the country.. a few years ago (spring of 2006 i believe) a suspect was shot 47 times after killing a police officer a few hours proir. when the sheriff was asked "why did you shoot him 47 times" his answer was "our swat team ran out of bullets"

[Panzerfaust]

1. Give the man a medal
2. Execute the other guy that lived
3. Shit and piss on both of their graves (optional)


Justice served and no tax payer dollars wasted!

[xavier_888888]

1. Give the man a medal
2. Execute the other guy that lived
3. Shit and piss on both of their graves (optional)


Justice served and no tax payer dollars wasted!

Agreed!

[xlxBigSexyxlx]

the beauty of florida law, i love my state...

though i will say there "seems" to be details left out of the story....

polk county has one of the most pro-shoot them mind sets in all of the country.. a few years ago (spring of 2006 i believe) a suspect was shot 47 times after killing a police officer a few hours proir. when the sheriff was asked "why did you shoot him 47 times" his answer was "our swat team ran out of bullets"

lol...

[mho]

the beauty of florida law, i love my state...

though i will say there "seems" to be details left out of the story....

polk county has one of the most pro-shoot them mind sets in all of the country.. a few years ago (spring of 2006 i believe) a suspect was shot 47 times after killing a police officer a few hours proir. when the sheriff was asked "why did you shoot him 47 times" his answer was "our swat team ran out of bullets"

That's awesome!

[AandF6969]

It's always funny when the Brady campaign chimes in... it seems that they would rather have those people who use firearms to save their own lives end up getting killed rather than use a gun to stop a crime. Much more respectable to be dead.

[*RAGE*]

I like call people (want to be thugs) into my yard as they walk by, and when they get in my yard I ask them to sit on my motorcycle, then I shot them in the head.....On the weekends I make a game out of it.....lmao

[Nooomoto]

Everything seems to be in order here. Glad I live in FL.

[xlxBigSexyxlx]

In danger, my ass.
Poor guy just wanted to take a spin in the car.
We are in a recession and they couldn't afford a cab.

That man needs to be sent to the chair, and we need to ban firearms.

[AandF6969]

In danger, my ass.
Poor guy just wanted to take a spin in the car.
We are in a recession and they couldn't afford a cab.

That man needs to be sent to the chair, and we need to ban firearms.

Ban cars too, because the thief may have ran over the owner!

[*RAGE*]

In danger, my ass.
Poor guy just wanted to take a spin in the car.
We are in a recession and they couldn't afford a cab.

That man needs to be sent to the chair, and we need to ban firearms.

banning firearms just take the guns out the the people that buy them legally. the hood rats will still have them.....jmo

[xlxBigSexyxlx]

Ban cars too, because the thief may have ran over the owner!

banning firearms just take the guns out the the people that buy them legally. the hood rats will still have them.....jmo

lol. Yeah I know.
I agree with you guys. I was just posting for shits and giggles.

Too bad he didn't shoot them both.

[*RAGE*]

lol. Yeah I know.
I agree with you guys. I was just posting for shits and giggles.

Too bad he didn't shoot them both.

I knew it I have been reading your post for the last year and was thinking is bigsexy on his PCT right now or what....O/D clomid

[JiGGaMaN]

ya, a girl got capped in the head over a toyota. completely justified. now i remember why i never come in this forum.

[vpchill]

banning firearms just take the guns out the the people that buy them legally. the hood rats will still have them.....jmo

FYI - Just remember where the Hoodrats get them From. The Arms dealers and gun shop owners looking for quick money.

[XxRydnxX]

Yeah, back in the day we were shot at for shroomin in the fields.
Florida farmers do not play!

[MuscleScience]

Yeah, back in the day we were shot at for shroomin in the fields.
Florida farmers do not play!

Farmers do not play, I was shot at by a senile old farmer that forgot that he allowed me to fish on his land....

Anyway the same thing would have happened to the person were I am from. Personally I would have done the same thing to. I am not sure I would have shot him over a toyota (**** them cars) but if he tried to steal my vette. Hes as good as dead.

[Ashop]

1. Give the man a medal
2. Execute the other guy that lived
3. Shit and piss on both of their graves (optional)


Justice served and no tax payer dollars wasted!

You tell it like it is bro,,,I like that.
Also,,,sweet avatar

[Tigershark]

1. Give the man a medal
2. Execute the other guy that lived
3. Shit and piss on both of their graves (optional)


Justice served and no tax payer dollars wasted!

Very true.