Very interesting case.

www.miami.com/mld/miamiherald/news/local/13713521.htm?source=rss&channel=miamiherald_local

MIAMI-DADE
Jury clears homeowner who took cop for intruder
A jury took less than 30 minutes to determine a homeowner did no wrong when he shot a police officer two years ago.
BY CHARLES [email protected]

A little more than two years ago, Mario Barcia Jr. was awakened in the dead of night by banging on his door. Startled -- and shaken from two previous robberies -- he grabbed his gun and ran to the front of the house.
Within a matter of seconds his life would change forever. Seeing what he described only as a bright light shining through his back door, Barcia fired a single shot.
Five shots were returned. Then Barcia fired twice more.
His first shot had hit Miami-Dade County police officer Chad Murphy in the back.
Barcia was arrested and charged with attempted first-degree murder of a law enforcement officer, a crime that could have left him imprisoned for life. Murphy, wearing a flak jacket, survived with a bloody bruise.
On Wednesday, it took a Miami-Dade County jury less than 30 minutes to decide Barcia did nothing wrong in shooting Murphy, who had entered Barcia's property without permission or a warrant.
But the cost to Barcia, a former Miami-Dade County Family Court clerk, and his family has been substantial: In the past two years Barcia has lost his job and his home, and had to serve house arrest while watching his now-19-month-old son grow.
Still, between hugs from family members on the third floor of the county criminal courthouse, Barcia said he holds no grudge against the state for pressing forward on what he considered an unfair case.
''I'm just glad it's behind me,'' he said. ``They were just doing their jobs. I just wish they'd have been honest.''
Barcia's story began well before the early morning of Oct. 24, 2003, when he shot Murphy. Twice, his South Dade home at 11941 SW 208th St., had been vandalized. Fearing for his well-being and that of his then-pregnant wife Mercedes, Barcia bought a gun in August 2003.
Two months later Sgt. David Dominguez and police officer Thomas Wever were driving down 208th Street near Barcia's home when they heard what they thought was a rock hit their car. They decided to search for who did it, and called for back up.
When help arrived, Murphy and Dominguez made their way over a wall and into Barcia's yard. Both had bright flashlights. At one point Murphy entered a screened porch where French doors led into the home, while Dominguez waited outside it.
About the same time, other officers were banging on Barcia's front door. The noise woke him up.
That's where the state's and Barcia's stories differ. The state claims Barcia peeked out the front window, realized there were police officers there, and shot at an officer outside on purpose.
During the fracas, his wife dialed 911. At one point the operator told Barcia he may have shot a cop. Barcia is heard clearly on the tape saying it was a burglar.
Barcia's attorney, Ronald Lowy, told jurors a different version of events: By the time Barcia made his way to the front of the home, the knocking had stopped -- and all he saw was a bright flashlight pointed directly at him through the window.
Lowy highlighted that point during closing arguments, shutting off the lights in Miami-Dade Circuit Judge Rosa Rodriguez's courtroom, then shining the bright light into the eyes of each juror for a few seconds.
It was impossible to see who was behind the flashlight.
''When someone comes into your house, over a 7-foot fence at 12:40 a.m., you don't expect it to be the police,'' said Lowy. ``They were unlawfully there.''
Before the jury left to consider their verdict, Judge Rodriguez explained it is contrary to law for a police officer to enter a private residence without a search warrant or permission from the homeowner unless it's a very unusual circumstance.
If Barcia had a reason to believe a felony was being committed on his property, or that his or others lives were in danger, the judge added, he could legally fend for himself.

Sweet, and sounds like a good judge also.

''When someone comes into your house, over a 7-foot fence at 12:40 a.m., you don't expect it to be the police,'' said Lowy. ``They were unlawfully there.''

Before the jury left to consider their verdict, Judge Rodriguez explained it is contrary to law for a police officer to enter a private residence without a search warrant or permission from the homeowner unless it's a very unusual circumstance.

If Barcia had a reason to believe a felony was being committed on his property, or that his or others lives were in danger, the judge added, he could legally fend for himself.

OK.

So where does Mr. Barcia go to get his life back?

Eric The(Huh?)Hun

Sounds like justice was done.

Sweet.  

Now for some compensation.

Quoted: OK. So where does Mr. Barcia go to get his life back? Eric The(Huh?)Hun

that's the point, win or lose for Mr. Barcia, the state still crushes him for hurting one of their boys.

I smell muy grande lawsuit

The state needs to pay him back what he lost.

Quoted: The state needs to pay him back what he lost.

He'll have to sue it out of them (and then some).
I hope he wins.

I still think its generally a bad idea to shoot unidentified persons who are outside your home through closed exterior doors. but in several states its apparently okay.

Yea, he needs to sue them, I would.  The state should have offered to pay, but I guess they figure it's ok to crush a guy's life, have a court say that the state was wrong, and then say "oh well."

Quoted: I still think its generally a bad idea to shoot unidentified persons who are outside your home through closed exterior doors. but in several states its apparently okay.

yes we should all cower and run away as per california law

So much for identifying your target before firing!  

I mean, could it have not been a pizza delivery person at the wrong house... someone who's car broke down and needed to use the phone, the Police coming to tell you they caught the vandals, a family emergency, etc.

You can rest assured that if the Police fired first, without identifying the target, that the outcome woulda been much different.  

But hey, shoot them vandals before they mess up your stuff!

Quoted: I still think its generally a bad idea to shoot unidentified persons who are outside your home through closed exterior doors. but in several states its apparently okay.

In Florida, a person who is on your porch (and sometimes further out than that) is legally inside your residence.

Quoted: The state should have offered to pay, but I guess they figure it's ok to crush a guy's life, have a court say that the state was wrong, and then say "oh well."

welcome to Government 101

Well I'll be...  The fucking Judicial system does work from time to time.  

~Dg84

Quoted: So much for identifying your target before firing.  I mean, could it have not been a pizza delivery person at the wrong house... someone who's car broke down and needed to use the phone, etc.  You can res assured that if the Police fired first, without identifying the target, that the outcome woulda been much different.   But hey, shoot them vandals!

"hey my car is broken down, I think I'll hop this 7 foot fence and go into this guys backyard to see if I can get some help!"

Quoted: I still think its generally a bad idea to shoot unidentified persons who are outside your home through closed exterior doors. but in several states its apparently okay.

'Unidentified persons' outside your home at 12:30 AM should expect to be shot...in some  states.

Basically, the 'red' states.



Eric The(VastRightWingConspirator)Hun

Quoted: So much for identifying your target before firing!   I mean, could it have not been a pizza delivery person at the wrong house... someone who's car broke down and needed to use the phone, the Police coming to tell you they caught the vandals, a family emergency, etc. You can rest assured that if the Police fired first, without identifying the target, that the outcome woulda been much different.   But hey, shoot them vandals before they mess up your stuff!

I hope you're kidding.

Quoted: Quoted: So much for identifying your target before firing.  I mean, could it have not been a pizza delivery person at the wrong house... someone who's car broke down and needed to use the phone, etc.  You can res assured that if the Police fired first, without identifying the target, that the outcome woulda been much different.   But hey, shoot them vandals! "hey my car is broken down, I think I'll hop this 7 foot fence and go into this guys backyard to see if I can get some help!"

"Hey, someone who I CANNOT see is at my door... think I will just shoot them, then ask questions"....

Quoted: Quoted: Quoted: So much for identifying your target before firing.  I mean, could it have not been a pizza delivery person at the wrong house... someone who's car broke down and needed to use the phone, etc.  You can res assured that if the Police fired first, without identifying the target, that the outcome woulda been much different.   But hey, shoot them vandals! "hey my car is broken down, I think I'll hop this 7 foot fence and go into this guys backyard to see if I can get some help!" "Hey, someone who I CANNOT see is at my door... think I will just shoot them, then ask questions"....

Ok, that's a good plan for you. You let people over your fence and offer them tea when they come to your door. Other people, scared shitless and tired of being robbed before, will start shooting.

But you go ahead and just sit there. That would be great for you.

Quoted: Quoted: I still think its generally a bad idea to shoot unidentified persons who are outside your home through closed exterior doors. but in several states its apparently okay. yes we should all cower and run away as per california law

California law has a presumption of reasonble fea,r of death or great bodily injury, for a home defender who shoots someone inside their home.  If the person crosses the treashold the home defender is presumed innocent.  However you will not enjoy that projection shooting through the front door at an unidentified person on the door step.

Quoted: Quoted: So much for identifying your target before firing!   I mean, could it have not been a pizza delivery person at the wrong house... someone who's car broke down and needed to use the phone, the Police coming to tell you they caught the vandals, a family emergency, etc. You can rest assured that if the Police fired first, without identifying the target, that the outcome woulda been much different.   But hey, shoot them vandals before they mess up your stuff! I hope you're kidding.

No, I am not.  Maybe things are different where you guys are, but I cannot see a homeowner just blasting away at whoever, or whatever because of past vandal problems, no identification of the target, no thought as to where the bullet may end up if it misses the unknown target...  To simply know your threat is wrong?   I hear it on this board all the time...

eta: agree to disagree

Quoted: Quoted: I still think its generally a bad idea to shoot unidentified persons who are outside your home through closed exterior doors. but in several states its apparently okay. 'Unidentified persons' outside your home at 12:30 AM should expect to be shot...in some  states. Basically, the 'red' states. Eric The(VastRightWingConspirator)Hun

So if someone breaks down outside the Hun farm and knocks on your door asking to call a tow truck you're going to blast them? "they should have expected to get shot walking into my yard at 12:30am!"

Quoted: Quoted: Quoted: Quoted: Quoted: So much for identifying your target before firing.  I mean, could it have not been a pizza delivery person at the wrong house... someone who's car broke down and needed to use the phone, etc.  You can res assured that if the Police fired first, without identifying the target, that the outcome woulda been much different.   But hey, shoot them vandals! "hey my car is broken down, I think I'll hop this 7 foot fence and go into this guys backyard to see if I can get some help!" "Hey, someone who I CANNOT see is at my door... think I will just shoot them, then ask questions".... Ok, that's a good plan for you. You let people over your fence and offer them tea when they come to your back door. Other people, scared shitless and tired of being robbed before, will start shooting. But you go ahead and just sit there. That would be great for you. I'm sorry, did I miss something?  I thought he was vandalized in the past.  If he was robbed, then that a different circumstances, but missed the robbery part of the story...

Are you dense?

A little more than two years ago, Mario Barcia Jr. was awakened in the dead of night by banging on his door. Startled -- and shaken from two previous robberies -- he grabbed his gun and ran to the front of the house.

Quoted: Quoted: Quoted: I still think its generally a bad idea to shoot unidentified persons who are outside your home through closed exterior doors. but in several states its apparently okay. 'Unidentified persons' outside your home at 12:30 AM should expect to be shot...in some  states. Basically, the 'red' states. Eric The(VastRightWingConspirator)Hun So if someone breaks down outside the Hun farm and knocks on your door asking to call a tow truck you're going to blast them? "they should have expected to get shot walking into my yard at 12:30am!"

If he's shining a flashlight into my house? YES!

Rightous shoot. The cops were stupid.

Quoted: Quoted: Quoted: Quoted: So much for identifying your target before firing.  I mean, could it have not been a pizza delivery person at the wrong house... someone who's car broke down and needed to use the phone, etc.  You can res assured that if the Police fired first, without identifying the target, that the outcome woulda been much different.   But hey, shoot them vandals! "hey my car is broken down, I think I'll hop this 7 foot fence and go into this guys backyard to see if I can get some help!" "Hey, someone who I CANNOT see is at my door... think I will just shoot them, then ask questions".... Ok, that's a good plan for you. You let people over your fence and offer them tea when they come to your door. Other people, scared shitless and tired of being robbed before, will start shooting. But you go ahead and just sit there. That would be great for you.

How about take cover, train you weapon on the door, and ask "who is it?" or "waht do you want?" then re-asses based on thier response. Is that unreasonable?
Personally I think target identification and threat assemmnet are an importetant poart of your self defense stategy but others take a more jittery approach.

Quoted: Quoted: Quoted: Quoted: Quoted: Quoted: So much for identifying your target before firing.  I mean, could it have not been a pizza delivery person at the wrong house... someone who's car broke down and needed to use the phone, etc.  You can res assured that if the Police fired first, without identifying the target, that the outcome woulda been much different.   But hey, shoot them vandals! "hey my car is broken down, I think I'll hop this 7 foot fence and go into this guys backyard to see if I can get some help!" "Hey, someone who I CANNOT see is at my door... think I will just shoot them, then ask questions".... Ok, that's a good plan for you. You let people over your fence and offer them tea when they come to your back door. Other people, scared shitless and tired of being robbed before, will start shooting. But you go ahead and just sit there. That would be great for you. I'm sorry, did I miss something?  I thought he was vandalized in the past.  If he was robbed, then that a different circumstances, but missed the robbery part of the story... Are you dense? A little more than two years ago, Mario Barcia Jr. was awakened in the dead of night by banging on his door. Startled -- and shaken from two previous robberies -- he grabbed his gun and ran to the front of the house.

Sorry, man - I went back and read it again, and caught that part, so I fixed my post.  And no I am not "dense", just missed that sentence...  Thanks

Quoted: Quoted: Quoted: So much for identifying your target before firing!   I mean, could it have not been a pizza delivery person at the wrong house... someone who's car broke down and needed to use the phone, the Police coming to tell you they caught the vandals, a family emergency, etc. You can rest assured that if the Police fired first, without identifying the target, that the outcome woulda been much different.   But hey, shoot them vandals before they mess up your stuff! I hope you're kidding. No, I am not.  Maybe things are different where you guys are, but I cannot see a homeowner just blasting away at whoever, or whatever because of past vandal problems, no identification of the target, no thought as to where the bullet may end up if it misses the unknown target...  To simply know your threat is wrong?   I hear it on this board all the time...

Don't scale my 7' fence in the middle of the night and you will not have a problem.
I also seriously doubt (right or wrong) that anyone fearing for their life is the least bit concerned
where the bullet may end up. The hope is that the bullet will end up somewhere in the intruders vitals.


EDIT for spelling

Quoted: Quoted: I still think its generally a bad idea to shoot unidentified persons who are outside your home through closed exterior doors. but in several states its apparently okay. 'Unidentified persons' outside your home at 12:30 AM should expect to be shot...in some  states. Basically, the 'red' states. Eric The(VastRightWingConspirator)Hun

Quoted: Quoted: Quoted: Quoted: Quoted: So much for identifying your target before firing.  I mean, could it have not been a pizza delivery person at the wrong house... someone who's car broke down and needed to use the phone, etc.  You can res assured that if the Police fired first, without identifying the target, that the outcome woulda been much different.   But hey, shoot them vandals! "hey my car is broken down, I think I'll hop this 7 foot fence and go into this guys backyard to see if I can get some help!" "Hey, someone who I CANNOT see is at my door... think I will just shoot them, then ask questions".... Ok, that's a good plan for you. You let people over your fence and offer them tea when they come to your door. Other people, scared shitless and tired of being robbed before, will start shooting. But you go ahead and just sit there. That would be great for you. How about take cover, train you weapon on the door, and ask "who is it?" or "waht do you want?" then re-asses based on thier response. Is that unreasonable? Personally I think target identification and threat assemmnet are an importetant poart of your self defense stategy but others take a more jittery approach.

I guess i'm saying i can't blame the guy for what he did. I would wait until a kick on the door or breaking glass, then i unload till slide lock, then put a fresh mag in.

I'm glad that this guy was aquited.  Sounds like the police were doing something stupid.

But, he violated Rule #4.

Quoted: I still think its generally a bad idea to shoot unidentified persons who are outside your home through closed exterior doors.

I agree.

Im confused the cops had to jump a 7-foot fence to knock on his front door? If the answer is yes then I call it a good shoot. If they were just banging pn his door trying to wake him up and he started shooting at unidentified targets outside his home then he should be in jail. What if his house was on fire and it was a fireman trying to save his ass?

Quoted:

How about take cover, train you weapon on the door, and ask "who is it?" or "waht do you want?" then re-asses based on thier response. Is that unreasonable?

Wow!

Where were you  at Waco?

Or the hundreds of other 'police shoots' that didn't observe such 'niceties'???

Maybe you should teach a class at the academy, or something?

Eric The(Adamant)Hun

Quoted: How about take cover, train you weapon on the door, and ask "who is it?" or "waht do you want?" then re-asses based on thier response. Is that unreasonable? Personally I think target identification and threat assemmnet are an importetant poart of your self defense stategy but others take a more jittery approach.

"It's your nice old Auntie Em! What big ears I have."

Personally, i'mnot taking the word of anyone who comes banging all to hell on my door in the middle of the night, after climbing my seven foot fence.

This gentleman's chosen course of action may not have been my own, but I do not fault him for it.  The police acted unwisely.

Quoted: Quoted: OK. So where does Mr. Barcia go to get his life back? Eric The(Huh?)Hun that's the point, win or lose for Mr. Barcia, the state still crushes him for hurting one of their boys. I smell muy grande lawsuit

atomic +1

Reimbursement AT THE MINIMUM!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

Quoted: Quoted: I still think its generally a bad idea to shoot unidentified persons who are outside your home through closed exterior doors. but in several states its apparently okay. Not any states that I'm aware of bud. In this case, its pretty obvious there were extenuating circumstances.  The previous burglaries, the 9-11 call, 1st degree murder charges, the fact the cops were breaking in without a warrant, and the fact the officers obviously exaggerated on the pearing out the window (wouldn't have called 9-11 if they knew it was cops) obviously influenced the jury. The big issue I would be concerned about at this point is if the DA is going to let it drop at this. Tj

In Florida, it's not required for me to wait until someone is in my home/has the door open. I can assume fear of death or great bodily harm, and use deadly force merely because I reasonably believe that someone is in the comission of a forcible entry to my home.

That being said, my enclosed porch is also considered part of my 'dwelling' under state law. So merely coming onto the porch, they've technically already entered my residence uninvited.

Quoted: Quoted: Quoted: Quoted: <snip> If he's shining a flashlight into my house? YES! Rightous shoot. The cops were stupid looking to get some and throw their weight around to show who was boss (according to their story about them believing their squad car was hit with a rcok).

I figured I would just come out and say it aloud

The biggest lesson learned from this incident is;
the pistol caliber didn't stop the intruder, need to use a carbine.

double tap

Quoted: Quoted: How about take cover, train you weapon on the door, and ask "who is it?" or "waht do you want?" then re-asses based on thier response. Is that unreasonable? Wow! Where were you  at Waco? Or the hundreds of other 'police shoots' that didn't observe such 'niceties'??? Maybe you should teach a class at the academy, or something? Eric The(Adamant)Hun

Mr. Hun, you're a smart guy, I've been around here long enough to know that.

So an answer to the question "Is that unreasonable?" would be interesting. To me, anyway.

Why is the acceptable answer to fire through a closed door that you don't know what's on the other side?

How is AR15's suggestion of simply making an attempt to identify who is on the other side of the door unreasonable?

This shoot first and ask questions later thing is a bad deal, in my opinion.

The fact of the two previous robberies maybe had the guy a little jumpy, right? If he's freaked out from the previous robberies (as we all would be), couldn't that lead to faulty decision making?

As I guess I have made clear, I'm not sure I can see this as a good shoot.

Now, if the cop is trying to kick in the door? Different story and I would support any citizen to fire away.

But just shining a light through a window? I don't agree with that jury.

Quoted: I'm glad that this guy was aquited.  Sounds like the police were doing something stupid. But, he violated Rule #4.

I agree with you on that.  I can't see myself ever shooting though an exterior door at a light  unless they are actively trying to force entry.  

THEY WERE ALREADY "INSIDE" HIS HOUSE!

One Officer had entered a screened-in porch and was banging on French Doors AT THE REAR OF THE HOUSE

So let's recap for the nay-sayers.

An officer was INSIDE HIS HOUSE (so those who said "wait and see" are wrong)
Cops had scaled a BACK YARD FENCE (so whomever said "maybe it's a pizzaboy!" is wrong)

It was a good shoot.

Quoted: Im confused the cops had to jump a 7-foot fence to knock on his front door? If the answer is yes then I call it a good shoot. If they were just banging pn his door trying to wake him up and he started shooting at unidentified targets outside his home then he should be in jail. What if his house was on fire and it was a fireman trying to save his ass?

"bright light shining through his back door"

Yes you are supposed to ID your target BEFORE shooting. With that being said, did y'all miss the part about climbing a 7' (Ft) fence, entering a CLOSED porch, then BANGING on someones door in the middle of the night and shining lights in? I think that would be grounds to shoot too!

Good Shoot! The Police officer was STOOPID but he lived. Now the State needs to compensate him for lost revenue at the very LEAST.

.

He was a .govt worker and lived in a bad neighborhood?

We all know .gov workers make big bucks.

And what was he doing hiding behind a 7ft tall fence/wall?



I put my bed up on blocks so I can hide underneath

Quoted: Two months later Sgt. David Dominguez and police officer Thomas Wever were driving down 208th Street near Barcia's home when they heard what they thought was a rock hit their car. They decided to search for who did it, and called for back up.

Sounds like the cop that thought the WEndy's drive thru screwed him  

Quoted: Quoted: Quoted: I still think its generally a bad idea to shoot unidentified persons who are outside your home through closed exterior doors. but in several states its apparently okay. yes we should all cower and run away as per california law California law has a presumption of reasonble fea,r of death or great bodily injury, for a home defender who shoots someone inside their home.  If the person crosses the treashold the home defender is presumed innocent.  However you will not enjoy that projection shooting through the front door at an unidentified person on the door step.

Yeah in commiefornia, what else would you expect?