Police In Daytona Waited 11 Times Before Arresting A Man For Threatening Family

[Canon Shooter]

A door they are breaking their way through, into your own house?

That is correct...

 

[scruffy]

Tell me would the homeowner have been justified if he would have shot this cat.

Legally? Probably not. Depends which state, but as near as I read the cite he didn't actually enter the house. So in most places it would be harassment, terrorist threats, like that.

 

[scruffy]

And Gabe Lackmann would go to prison.

You can't legally shoot someone for being on your property. Youo can't even legally shoot someone if he's kicking your door.

If he kicks the door open and steps inside, well, that's a different story altogether. But doing what you suggest will hand you a murder conviction...

Yes, this. ^^^

I was trying to think of a state where trespassing is sufficient, I'm not sure if there is one anymore

 

[Superbadbrutha]

Legally? Probably not. Depends which state, but as near as I read the cite he didn't actually enter the house. So in most places it would be harassment, terrorist threats, like that.

Depends on if he felt threatened or felt his family was threatened.

 

[Dragonlady]

Tell me would the homeowner have been justified if he would have shot this cat.

No. It's incredibly stupid of you to even suggest it.

The home owner is NEVER justified in doing harm to anyone or anything that doesn't belong to him. Besides, you can do SO much more to fuck him up legally than you ever could by doing harm

 

[NewsVine_Mariyam]

Sorry, but why do you have to give the perp a chance to get into your house and a chance to close with you?

He's assaulting your property with the intent to enter illegally and angrily.

No jury would convict a person defending themselves for that.

I agree with you but unfortunately the law allowing deadly force specifies that the shooter must be in Imminent (immediate) threat of grevious bodily harm or death. Or someone else is.

 

[Biff_Poindexter]

Does this mean I can shoot the mailman for coming on my property??
And if I did, wouldn't it be like standing up to government tyranny and stuff?? Because im basically shooting the feds, which is patriotic I think....

 

[martybegan]

I agree with you but unfortunately the law allowing deadly force specifies that the shooter must be in Imminent (immediate) threat of grevious bodily harm or death. Or someone else is.

Once in someone's house all of that shit goes to the wayside.

 

[flacaltenn]

Police: Daytona Beach man threatened to kill neighbor’s family, burn their house down

Daytona Beach police have enhanced the charges because the attack appears to be racially motivated.

www.wesh.com

"A South Daytona man is accused of trying to break into his neighbor's house, threatening the neighbor and using racial slurs. Thirty-four-year-old Gary Dragon was arrested Tuesday, and now police have enhanced the charges because the attack appears to be racially motivated. “This is like the tenth time we've called the police on him,” the neighbor is heard saying to police on body camera video. On Tuesday early evening, the victim told police Dragon appeared at his front door while he slept and as his terrified children were inside, recording with a cell phone. “I'll burn your (expletive) house down!” Dragon said.

Dragon allegedly kicked at the door and could be heard repeatedly using the n-word and profanities against the family and threatening to kill them. “He threatened to kill me and my daughter,” the neighbor told police. Police say Dragon, who they are very familiar with, tried to take off as he was handcuffed and later kicked the inside of the patrol car doors. They say Dragon was enraged that he was being arrested. “You said you were going to kill them, Gary. You said you were going to set their house on fire. What are we supposed to do about that?” an officer asked."

Now, usually, when a guy is resisting arrest, an arrest that resulted from him threatening to kill a whole family (including little children) -- that person usually gets shot or at the least tasered.....not the case here...in fact, looking at the body cam footage; police were very reluctant to even arrest the guy....which is already clear considering this is the 11TH time they were called behind him making threats...as the article said, they were very familiar with him...and furthermore this guy had such a delusion of privilege, that he was outraged that he was even getting arrested...I mean, I guess you get that sense of privilege if after the 10th time of doing something, nothing happens...Were they waiting for him to actually make it in the house and start killing people? What would they have done then? Wait 40 or 50 minutes before going in??

And as for the homeowner, why the XXXX are you so patient?? Did you not get the hint after the 3rd or 4th time you called the police and nothing was done?? You should have clearly grabbed your gun and shot this XXXX dead and used stand your ground as your defense...because you have documented proof of earlier threats along with the current threat he is posing....kill him....protect yourself and your family....let the police sort it out later....Unless this guy was afraid his right to defend himself would be viewed differently by the cops than it would have been if the roles were reversed.

Mod Note: Nipped a couple curse words.

You are right about the homeowner's options once there is a credible threat and attempt to carry it out.. But this sounds like it finally ESCALATED INTO a race motivated crime with SPECIFIC threats after a long string of lesser provocations.

“He threatened to kill me and my daughter,” the neighbor told police.

“When it turns into racial incidents like that and comments and threats, then it's at a higher level where we won't tolerate anything like that,” a Daytona Beach officer said.

During his interaction with police, suspect Dragon told them his neighbor posted something about him on social media which upset him. Police can't confirm that but before the incident wound up in an arrest, an officer warned Dragon not to come on the property.

Police ultimately charged Dragon with attempted burglary with assault and battery and committing the felony with prejudice and then resisting arrest.

It's possible that the previous disagreements did NOT rise to the levels of charges. WE -- dont know. But THIS incident did. And the homeowner saying it was the 11th time is not confirmed by police.

At least -- this occurred in a state where the perp isn't BACK out on no bail and lesser charges.

 

[flacaltenn]

Sorry, but why do you have to give the perp a chance to get into your house and a chance to close with you?

He's assaulting your property with the intent to enter illegally and angrily.

No jury would convict a person defending themselves for that.

You need a credible threat. Even with "stand your ground". There are different of levels of upset neighbors and the only level that justifies lethal force is a credible and imminent threat. From the scarce background on this story -- it HAD just escalated to police arrest. And likely the previous incidents (might NOT be actually be 10 as the reporting implies ) did not. Because NOW -- police had enough to CHARGE him and the Judge removed him from the streets pending trial.

Would love to hear the verdict/sentencing on this one. Since this occurred months ago now.

Love the way that "social media" escalated these neighbor issues. NEVER flame your neighbor on social media folks..