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I don't think this one will be self defense

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  • JohnAL

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    Randall Smith was spraying herbicide on some poison ivy along the edge of the drive, a report said, when he heard his neighbor’s truck coming down the road Monday afternoon.
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    NW Gainesville Shooting

    After living next to each other for 10 years, Smith, 54, of 5425 NW 69th Drive, and Michael Carreiro, 47, of 5725 NW 69th Drive, still argued about Smith’s effort to maintain the easement along Northwest 69th Drive.

    Carreiro had threatened him before, Smith would later tell investigators, but no physical violence ever happened, an Alachua County Sheriff’s Office report said. In August, Smith filed for an injunction for protection against Carreiro, but it was denied the same day, Alachua County court records show.

    Smith was walking back to his house around 4:34 p.m. when he heard the truck door open. He turned around to see Carreiro walking briskly toward him, so Smith put down his sprayer and put his hands up, the report said.

    “What the [expletive] are you doing?” Carreiro yelled at him.

    Smith said Carreiro then told him he was going to kill Smith and his family. Deputies said Smith put his hands behind his back and took his gun from its holster, the report said.

    Carreiro’s last words were a taunt. Smith “wouldn’t use the gun,” Smith recalled Carreiro saying.

    Smith fired rapidly from around 20 feet away. One, two, three, four...12 shots, until Carreiro was still, facedown on the ground with his arms tucked underneath him, the report said.

    Smith walked closer to Carreiro and paused for a moment. Then, he fired two more shots into Carreiro’s back, the report said.

    Smith called 911 and said he had just shot someone. When deputies arrived, he was still on the phone a dispatcher and followed instructions to put down his firearm.

    Carreiro was lying in the street in front of the house near 14 shell casings. Emergency responders tried to save Carreiro, but he died 17 minutes after the shooting at 4:51 p.m., the report said.

    About eight hours later, Smith was booked into the Alachua County jail at 12:23 a.m Tuesday on homicide charges in lieu of $1,000,000 bond.

    http://www.gainesville.com/article/20140401/ARTICLES/140409998?p=1&tc=pg
     

    Seanpcola

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    I would guess the shooter is going to jail. Maybe 2 rounds you could pass off but walking up and administering the coupe de gras shots is a deal breaker.
     

    Idoono

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    He might could have got by with the first 12 if they believed he was in fear of his life....but the last two, got him.

    Idoono
     

    FNHman

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    So is it the 20ft away and shooting a would be attacker that's illegal or the 2 in the back or both? 20ft is pretty close when you measure it out.
     

    Seanpcola

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    I'd say the first couple of rounds would be a judgement call for the states attorney. Multiple shots don't look good. Walking up to finish the job is off the chain. That's not self defense. That's revenge.

    Edit: not just revenge, that's an execution.
     
    Last edited:

    FrankT

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    First the guy was found on the street not the shooters property, then you only use the force necessary, then you don't put 2 in the back after the threat is neutralized, finally the perp better be armed or you have no way of retreat!
     

    FNHman

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    First the guy was found on the street not the shooters property, then you only use the force necessary, then you don't put 2 in the back after the threat is neutralized, finally the perp better be armed or you have no way of retreat!

    I guess I missed the not on his property and unarmed part. Must of been lots of aggression built up through the years between them two.
     

    Droshki

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    All legalities aside, tell me that we all haven't wanted to do this at one point or another.
     
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