Shooting at Would-Be Burglar on Brittany Lane Now Termed an Assault, not Self-Defense
FlaglerLive | June 2, 2012
Stephen Metcalf wasn’t trying to run over Marc Barbee when Barbee shot three times in his direction, after all. And for that bit of misinformation, along with the consequences of firing the gun in the manner in which he did, Barbee was jailed Friday evening–for the second time in 13 months on charges entailing battery or assault.
Barbee had told police earlier this week that Metcalf had tried to break into his home Wednesday evening. That part, the Flagler County Sheriff’s Office believes: Metcalf was eventually jailed on a burglary charge that night.
But Barbee had initially told cops that after he chased after Metcalf, going to the front of his house with a .40 caliber gun, Metcalf attempted to run him over, which promoted Barbee to fire the three shots. That, detectives have determined, is not how it happened, according to a sheriff’s office release. Metcalf was speeding away from Barbee’s home when Barbee fired.
So detectives charged Barbee with intentionally firing at Metcalf’s vehicle as Metcalf was fleeing. He was charged with aggravated assault as well as firing a deadly missile, and held on $10,000 bond, which he posted.
Barbee had also told detectives that he didn’t know Metcalf, though he changed that story quickly the evening of Metcalf’s arrest.
“These two men had a strained relationship which culminated with this shooting. The community was placed in danger by Mr. Barbee’s thoughtless and intentional actions,” Sheriff Don Fleming said.
The earlier story: Thursday, May 31: Stephen Metcalf and Marc Barbee are not entirely strangers. On May 24, Metcalf left a threatening message on Berbee’s phone.
Wednesday night, after 11 p.m., Metcalf was at the back of Barbee’s house at at 147 Brittany Lane in Palm Coast, apparently trying to break in.
Barbee, 38, a self-employed native of Miami, told deputies he was sitting in the dark on a couch in his house, talking on his cell phone to his girlfriend, when he heard a noise coming from the back rear sliding door–sounds of someone trying to pry the door open. Barbee said he armed himself with a Springfield Armory XD40 .40 caliber gun and turned on all the interior lights in an attempt to scare off the would-be burglar. He called 911 and looked out the rear window to see if anyone was still on his patio.
According to a police report, Barbee saw Metcalf, 31, fleeing toward the front of the house as Barbee ran out of the front door to identify the burglar and his vehicle in an attempt to get a tag number. Barbee told deputies that Metcalf got into this vehicle and put it in reverse, allegedly in an attempt to run over Barbee. At that point, Barbee said that, fearing for his life, he fired three shots at the vehicle trying to damage the tires, but Metcalf was able to flee the scene.
An investigation at the house showed that a first attempt to break into the house was made at the master bedroom window. The window screen was ripped off, according to the report, and left lying on the grass. No visible pry marks were visible on either the window or the sliding door, the report states. No finger prints were seen or recovered from either.
“Marc Barbee originally advised law enforcement that he did not know who was attempting to gain entry to his residence,” the police report states, “but later admitted that he knew the suspect.” It was then that he told police of the threatening recording.
Sheriff’s deputies arrested Metcalf, of 49 Randolph Drive in Palm Coast, on Pine Lakes Parkway just after midnight. He is charged with attempted burglary of an occupied dwelling and resisting arrest without violence. A sheriff’s release Thursday afternoon said that Metcalf was being held at the Flagler County jail without bond on the resist arrest charge. But the jail logh showed he’d been released on $1,500 bond.
The threatening recording is under investigation. Barbee was himself arrested and booked 13 months ago on a charge of aggravated battery-domestic violence.