What you say on 911 is recorded. It can and will be used against you in a court of law. My friend and publisher of numerous books on gun laws, Alan Korwin, says that in the vast majority of cases where people involved in self defense scenarios end up in serious legal difficulties, it is what they said on 911 that got them into trouble. He expounds on this in his book "After You Shoot". In a recent case in Florida, both male participants made errors. One is dead and one has been charged.
I suspect that Robert Doyle is already regretting saying that he would put his gun to the other driver's head. If it was not for that statement, I doubt that he would be charged. The other driver, Candelario Gonzalez, threatened to "whoop his ass" and followed him to his home. Candelario Gonzalez no longer has regrets in this life. He is dead.
It appears that if Robert Doyle had not mentioned that he was going to put a gun to the other driver's head if the driver continued to follow him to his home, he would not have been charged. From myfoxtampabay.com:
"I have a truck, there's some maniac that's been following me, trying to run me off the road an (expletive). My gun is already out. It's cocked and locked," Doyle told the dispatcher.In the 911 call, Robert Doyle says the driver that is following him and trying to run him off of the road, is driving a truck. In the overhead picture of the scene, the vehicle beside the truck in the driveway may well be a Kia Soul. There appear to be two children at the back of the vehicle.
At almost the exact same time, the wife of 44-year-old Candelario Gonzalez was on the phone with another 911 operator. She indicated her husband was also threatening violence.
"My husband wants to go whoop his (expletive)," he said.
"Well if he does that, he'll, he'll go to jail," the dispatcher responded.
Both callers blame the other driver for acting aggressively.
Doyle's made at least two more references to his gun.
"They are following me to my house. I'll be there in 20 seconds and the guns are already out," he said, later adding, "I'm going home and the gun's coming out. I'm going to put it to his (expletive) head."
Once home, Robert got out of his Kia with his gun. Candelario confronted him. Robert's wife, on 911 says "Don't Shoot! I have 911 on the phone!" Five gunshots are heard immediately after Robert's wife makes the statement.
When the officers arrive, Robert Doyle's wife says that Candelario Gonzalez would not leave and charged her husband, which is when Robert Doyle shot him.
Fox 13 reports that an unnamed witness claimed to see Candelario Gonzalez walking back toward his car (truck?) when he was shot. Some reports are saying that Candelario was driving a landscaping truck. That may be the vehicle in the street with the trailer behind it in the middle lower part of the picture.
The police are saying that Robert Doyle is the aggressor, because he told them that he had a gun and was ready to use it.
According to detectives, Doyle then held Gonzalez's wife, daughter and grandson at gunpoint until deputies arrived. He told them he acted in self-defense.
But detectives don't believe it and said, based on the words Doyle used in his own 911 call, it appears he was the aggressor and that's why he's charged with murder.
"He doesn't come out and say I'm going to shoot this guy. He said 'I've got my gun out. I'm cocked and locked and ready to go,'" said Capt. Dave DeCarlo, with the Citrus County Sheriff's Office.
It is hard to think clearly when one is under stress and potentially under attack. Something to consider is that it is a bad idea to lead a potential attacker to your home. I was given this advice about 20 years ago by an officer of the Arizona Department of Public Safety, in a class for CCW instructors.
You do not want a potential perpetrator to know where you live. Having reinforcements at hand to help would be better.
The AZ DPS officer did not advise people to drive to police offices. He said that you could not be sure that they were open or available. He advised people to drive to fire stations. He said they are open 24 hours a day, and are used to handling emergencies. He said that the profession with the highest number of concealed carry licenses are firefighters.
Perhaps Robert Doyle wishes that he had driven to a fire station. I am sure that Candelario Gonzalez' wife wishes that he had done so.
In both of their cases, they said too much to 911.
©2015 by Dean Weingarten: Permission to share is granted when this notice is included.
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1 comment:
In my opinion "cocked and locked" is not a threat it is a warning to avoid having to shoot. the person being aggressive is the one not leaving after being warned. if he got out of his truck in a place he had no business being he was the aggressor. He did not have to follow the victim home. It has been ruled in other cases that a blow to the head with a fist is life threatening the aggressor does not have to be armed. My opinion would be if all of the bullets were in the front it was self defense if there were any in the back that would have to be determined by the coroner as to which shots were made first. and a coroner can make that determination. anyone can turn around after the first shot. If you have to shoot, shoot to kill, that definitely stops the aggression. If I have to shoot I'm not going to take the time to frisk the guy to find out if he has other weapons to continue the attack with after being shot to wound or if the first shot does not stop the attack. It makes no difference what started it. If the aggressor had stopped and waited for police so he could file a complaint is one thing but to get out of his car is completely different. No one has to give the advantage to the aggressor. No one gets to bully you on your own property. once you shoot the first person it makes no difference if you have to shoot a second person that may be there for back up. a warning is not necessary. the second aggressor should be leaving as fast as possible. that ends the confrontation. Two taps to the back of the head is murder. Only one shot in the back is murder. but if the first shot is in the front then successive shots don't matter. shoot until they go down and stay down. If I saw a drive by shooting and put a stop to it the aggressors do not even have to be out of the car. If I take the time to blow the engine that gives them time to re direct their fire at me. If I have to shoot someone with a 357 mag and they don't go down they will get more shots. I'm not accustomed to missing, If I have to pull the trigger they have been hit. When I teach someone to shoot, I do not teach the combat stance, I teach snap shooting. draw, point and fire with one hand. I can put three shots under a dime at 75 feet. I taught my wife how to shoot the first time out, the first shot kicked the can up in the air the next five shots kept it there. It was a riot trying to teach her to drive.
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