FL: Escalation of Force: Citizens Arrest turned Deadly

Lawley

In most states, the legislators and courts have ruled that defense of property is not sufficient justification, by itself, for the use of deadly force.

This does not mean that you have to allow criminals to steal your property at will.   It means that you may not immediately use deadly force to prevent a theft, though there are exceptions.   Texas, for example, allows the use of deadly force to prevent theft on one's property at night.

The way that deadly force is legally employed in the protection of property is indirect, allowed for with an escalation of force.   Here are the steps that are likely to be taken: 

A person determines that someone is stealing their property.   They are allowed to use physical force to stop the theft.

They attempt to stop the theft, and the thief uses or threatens to use physical force against them as the thief resists.

If the force or threatened force used against the person who is attempting to stop the theft is reasonably viewed as a threat to life or bodily integrity, deadly force may be used to stop the threat. 

In Florida there was a recent example of escalation of force in defense of property.  From news4jax.com:

Warth said he grabbed his gun and confronted Lawley (pictured below from 2009 arrest), then tried to make a "citizen's arrest" in the street as Lawley was trying to walk away.

You may use physical force to stop someone from stealing from you.

Warth said he grabbed Lawley's backpack, and the confrontation turned violent in the street when Lawley took a swing at him, according to the documents. Prosecutors said Warth "believed that Lawley may have been going for Warth's gun."

Warth fired a single shot, striking Lawley in the mouth, killing him.

The crucial point above is that the thief escalated from mere theft, to potential deadly force.   If you are visibly armed, and someone physically attacks you, it is reasonable to assume that they will attempt to disarm you.   That escalates the attack beyond mere physical force to deadly force; you may use deadly force to defend against deadly force.

 "This ruling favors stand your ground when you have the State Attorney's Office saying that you don't necessarily have to be in your home, you can be affecting a citizen's arrest down the street and still obviously use deadly force to defend yourself when you believe deadly force is coming against you," Peoples-Waters said.

Some people say that "mere" property is not worth a deadly confrontation.  I believe it is more complicated than that simple statement.   People invest part of their life into their property.   It represents an investment of time that is an integral part of their life.   Things that are of small value may not be worth much risk, but they add up.   If enough small things are taken, they become a big thing.  Become known as an easy mark, and all of your property may start walking away.

Some people put their entire life savings into a small business.   To have it ruined by many small thefts amounts to the taking of a large part of their life.

If no one resists, thieves are taught a lesson.   They learn that they are rewarded when  they steal, with the result that many other people may be victimized by the career thief.

 Lawley had a long history of arrests in Clay County, including for burglary, aggravated battery, car theft and DUI.

Every situation must be evaluated on the individual circumstances.

I am not a lawyer, nor do I play one on the Internets, and the laws, as mentioned, vary a bit from state to state.


©2014 by Dean Weingarten: Permission to share is granted when this notice is included.
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