Florida Man Who Fatally Shot Sister’s Ex-boyfriend During Alleged Home Invasion Will Not Face Charges: Police

File photo of police tape. Andri Tambunan/AFP via Getty Images

A Florida man who fatally shot his sister’s ex-boyfriend when he allegedly broke into her home and attacked her will not be charged over his death, law enforcement officials have said.

Escambia County Sheriff’s Office deputies responded to the fatal shooting at a residence in Silver Lake Mobile Home Park on Sept. 5, according to a press release.

The shooting happened at around 9:30 p.m.

Upon arriving at the scene, a 26-year-old male—the alleged attacker—was found deceased in the residence. He had died from a gunshot wound, officials said.

“During the investigation, deputies determined that the 26-year-old male went to his 24-year-old former girlfriend’s residence. He broke the door down and forced his way into the trailer. Once inside, he hit the female several times,” the Sheriff’s Office said.

The female victim texted her family for help, according to officials, at which point her 23-year-old brother along with others responded to her house to help.

“During the argument, the 26-year-old male pulled a gun, cocked it, and aimed it at the female’s 23-year-old brother. According to reports, her brother then shot the 26-year-old male twice. The 26-year-old died from his wounds,” the press release continued.

Investigation Ongoing

“At this point, no charges will be filed, but deputies continue to investigate,” they added.

Police have not yet identified any of the individuals involved in the incident.

Speaking to ABC affiliate WEAR-TV on Sept. 7 following the shooting, Escambia County, Sheriff Chip Simmons said, “If someone points a gun at you and cocks it, you can shoot them.”

“At one point, the male that forced entry into the trailer pulled out a handgun, pointed it at her brother, and cocked it,” Mr. Simmons added.

He reiterated that no charges will be filed against the shooter at this time.

Recent Florida laws, including the Stand Your Ground legislation which established guidelines for when and how an individual can defend against physical threats, have expanded the scope of self-defense for residents in the state.

Stand Your Ground Laws

That legislation states that an individual who is “in a dwelling or residence in which the person has a right to be, has no duty to retreat and has the right to stand his or her ground and use or threaten to use nondeadly 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.”

The law also allows such an individual to use “deadly force” against another “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.”

Under the legislation, individuals who are using deadly force to defend themselves and their property are exempt from prosecution.

Prior to the law, which was enacted in 2005, Florida residents were not permitted to use deadly force in self-defense without first using every reasonable means within their power to retreat from the danger.

A number of other states have also enacted similar Stand Your Ground laws, including Alabama, Arizona, Georgia, Indiana, Kansas, Kentucky, Louisiana, Michigan, Mississippi, Missouri, Montana, Nevada, New Hampshire, North Carolina, Ohio, Oklahoma, Pennsylvania, South Carolina, South Dakota, and Tennessee.

“Stand Your Ground has expanded the area of the castle,” Assistant State Attorney John Molchan told WEAR-TV. “We used to have the ‘Castle Doctrine,’ which said that your home was your castle and that you could use deadly force to defend yourself from a murderer or a person committing a forcible felony.”