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Shooting at Would-Be Burglar on Brittany Lane Now Termed an Assault, not Self-Defense

| June 2, 2012

They knew each other: Marc Barbee, left, and Stephen Metcalf.

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.

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12 Responses for “Shooting at Would-Be Burglar on Brittany Lane Now Termed an Assault, not Self-Defense”

  1. PJ says:

    Sounds fishy to me…why did the guy that was such in fear of his life stay in him home to avoid danger when the bad guy was seen running away? Sounds like they both should have been arrested!

  2. Winny says:

    Didin’t realize a person charged with Aggravated Battery & Domestic Violence could lawfully, own or posess a handgun. New to Florida, but in Ohio where I have twenty years in law enforcement, both would have been hooked up. Agg Burg-Metcalf, Weapons Under Disability-Barbee

  3. Ousider says:

    It says Barbee was previously arrested on those charges; it doesn’t say if he was convicted. I’m not convinced shooting out tires is the way to go, unless someone kidnapped a family member and was trying to drive off. If he felt the guy was trying to run him over, well, there’s only one way to keep that from happening. Regardless, there are more and more scumbags in Palm Coast everyday.

  4. flagler girl says:

    This really does sound fishy…i use to work with Metcalf and he is a really nice person i couldnt believe my eyes when i saw his mugshot on this website this is so out of character for Metcalf. Metcalf is a very happy person always smiling very sure that Barbee having a past criminal record is no saint!!!!! i feel sorry for Metcalf:(

  5. Jim N says:

    Shooting tires is for Hollywood.
    In reality, they are just as likely to bounce and ricochet the bullet in a glancing shot. Those low inflation type steel belated radials are tough enough to allow a bullet to bounce in some cases. It is just bad bad news for anyone to try this on a moving vehicle.

  6. happygolucky says:

    I know both of these people personally, and that does not sound like stephen at all. If he was there it was for a reason other than breaking in. I am curious to know how he can be charged with burglary if there are no signs of breaking and entering, and no finger prints. For all we know that screen could have been on the ground for 6 months. Marc is bad news, i just feel bad that stephen is now going through this because of that loser marc.

  7. NortonSmitty says:

    Everybody knows you can only use the “He tried to run me over” defense for trying to kill someone if you’re a cop.

  8. Riley says:

    Think there is a lot more to this saga than we will ever learn!!!!!!!!!

  9. says:

    hopefully moving out soon.

  10. FTP#WBM says:

    seems like cops dont know how to tell when a man is just defending his life free this innocent man cops dont know how to do there jobs in this town its getting so old.

  11. palmcoastgirl2 says:

    This story just doesnt make sense. How does someone change their story so much. The shooter claimed he shot at metcalf because he tried to back over him, and that wasnt true. He also stated before that he did not know metcalf, and then he said he did. The story states he heard someone trying to break into his sliding glass door and window, but yet no signs of breaking in were present except a screen off a window, which could have been there for some time. All i know is that someone who seems to lie and make up stories has something to hide. Just doesnt seem right, i hope the truth comes out at the end. I also hope they take barbees gun away if he thinks its okay to shoot at people in public and off his property.

  12. ryan says:

    They really should arrest only the burglar. It is the only way to stop the burglary problem, when the suspect feel there will be no help for him if he tries to break in someone’s house.

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