When he looked out the glass pane of his front door–as he later described it to a Flagler County Sheriff’s deputy–he noticed a man walking up toward the house, while the car, a dark gray, boxy vehicle with skinny rims on it, was turning around. The man he’d seen earlier walked to the back of the house, where there’s a back door, and began turning that door handle in an apparent attempt to get in.
By then Maxwell told the deputy the car had stopped, and two more men had emerged and walked to his own car. All three men outside were white and wore hoodies. At that point Maxwell went outside to confront the men who were standing by the car. One of those men put his left hand inside his pocket and began walking toward Maxwell, who ordered him to get back. Maxwell took out his Glock. The man, according to Maxwell, took two or three more steps toward him.
Maxwell fired a shot. One shot. (There’s a vacant lot across the street from Maxwell’s house.) Both men ran back to their car and fled. It’s not clear what happened to the third man, who’d been in back of the house.
Sheriff’s deputies responded to the scene at 2:30 a.m.. The established a perimeter around the property and patrolled the area with a K-9 unit, finding neither men nor vehicle matching Maxwell’s description of either.
Maxwell told deputies that he was sure his bullet hadn’t struck either men. He turned the weapon over to a deputy, along with the shell casing of the fired shot. The bullet itself was not recovered. No blood or any other sign of anyone being shot was observed in the area, nor was any property damage observed–to house or car.
Maxwell was told he could recover his Glock in seven days.
beachbum says
YES! Guns prevent crime.
Edward says
What crime was committed? There was the “phantom 3rd guy” in the back of the house turning the door-knob but the home owner completely ignored him to go out front to confront the two guys standing by his car. I don’t think “standing by someone’s car was/is a crime. The homeowner was no longer protecting his home when he “ignored the threat” of his home to go OUTSIDE to play John Wayne. I am willing to bet that the homeowner KNEW the guys “personally” and they weren’t just coming by his house randomly. Firing a firearm within the city limits IS a crime, however. The homeowner’s story smells of hoo-ha!
Debra B says
Actually trespassing is against the law. And Florida – I think – passed to strong version of the Castle Doctrine, usually known as Stand Your Ground. So he was within his rights to defend himself when threatened by one of the 2 thugs in front of his house.
Would I have gone outside? Not with someone behind me. I would have called 911, turned on all lights, inside and outside, and waited.
But what he did was understandable. And legal. (Notice that he didn’t get arrested or anything.)
Lori says
Edward; are you kidding me? Really? I guess 3 guys in hoodies lurking around your house at night is perfectly normal; correct? If the homeowner had committed a “crime,” he would not have called the police and turned over his weapon. I once house sat for someone when I was 22 years old. It was a huge old house and a male friend of mine insisted that I take his shotgun even though I was dubious. In the very early morning hours I awoke to someone trying to get into the back door. It turned out to be 3 of them and it was the sight of me walking down the huge staircase carrying a full loaded and ready shotgun, (can’t mistake that sound), that sent them all fleeing out of the house and into the night. Sorry; a gun used properly can and will save your life.
wsh302@msn.com says
i wonder where the bullet went? too bad he did not hit his target. go to the range and sharpen your shooting skills.
Outsider says
Edward, please back up your assertion that firing a gun within the city limits is a crime with some evidence. Good luck!
Kevin says
It appears the only way liberally minded people like Edward will learn is only when they are themselves faced by the situation of being confronted by criminals intent to do harm to him, armed only his liberal mindset as defense.
Edward says
@Lori. Three guys wearing hoodies “lurking” around my house would get the police called on them as soon as I saw them driving and casing my house. Of course I wouldn’t be peeking through my curtains at 2:30 am UNLESS I KNEW something was going to happen and I had reason to do so. This guy was anticipating these guys AND KNEW them because gun or not, I am not going outside to confront two guys @ 2:30 am while someone is trying to break in through the back. I would stay inside call the cops and PRAY the guy in the back cracks the door open and bust him good. Instead, Clint Eastwood here goes outside because he KNOWS these people and knows WHY they are there. He shot over their heads to scare them because he KNEW they weren’t a threat to him. BTW This guy was NOT standing his ground when he left his “castle”
As far as “trespassing” goes, read this: Under Florida Statute 588.10, a property owner does have the responsibility of providing notice with “No Trespassing” signs, in addition to providing signage detailing any potential dangers to anyone who enters the property. POW! In your face!
Edward says
790.15 – Discharging firearm in public
Look that up.
However, it DOES allow provisions for those defending life and property. This guy was NOT doing either. According to yours and his train of thought, everyone walking to your front door would be met with a “glock” pointed in their faces. I’d hate to be a Jehovah’s Witness in your neighborhood.
But I have known several people charged with “discharging a firearm in public” so I didn’t need “luck” in knowing what I am talking about.
Edward says
@Kevin. Unfortunately I can speak from a point of view that you probably can’t comprehend. I have no problem with a man protecting himself. But confronting people with a gun is not protecting your castle. If this guy DIDN’T have a gun would he have gone “outside” to be play “tough guy”? NO. Guns in the hands of a loon is still a dangerous gun. I have a gun but I won’t go outside with it to “shoot over someone’s head with it”. What is “liberal” and WHY it’s supposed to be insulting? Did Glen Beck tell you that hoping it can be the next “N-word”?
I have been on BOTH sides of a gun and can tell you stories you won’t believe. I can also tell you that criminal or not, facing me with the intent to “do me harm” will net immediate negative results.