Legal Update: Shooting on private property

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1 January 17, 2014 Editor s Note: The Sheriff s Office Weekly Rap-Up comes out on Friday afternoon If you have a submission, please send it to me and I will be happy to include it. Send it to beckyherrin@keysso.net, or in the courier to Deputy Becky Herrin, Community Relations Division, Headquarters building on Stock Island. This publication can be viewed on line at Legal Update: Shooting on private property By General Counsel Patrick McCullah Note: This issue has been addressed twice in the Weekly Rap Up. Once in January of 2012 with an update in June of Here is a reprint of the June update. For more information on this topic, go to Public Folders in Outlook and you will find both original articles, along with supporting documents. Earlier this year (this refers to the January 2012 article) I presented you with the following fact pattern: Facts: You respond to a shots fired call and find a resident shooting at a target with a.22 caliber rifle in his fenced back yard. What can you do? At that time (in January), Florida Statute was of very little help under these circumstances. The legislature has now amended this section, effective April 13, It reads, in pertinent part: [A]ny person who knowingly discharges a firearm in any public place or on the right-of-way of any paved public road, highway, or street, who knowingly discharges any firearm over the right-of-way of any paved public road, highway, or street or over any occupied premises, or who recklessly or negligently discharges a firearm outdoors on any property used primarily as the site of a dwelling as defined in s or zoned exclusively for residential use commits a misdemeanor of the first degree, punishable as provided in s or s This section does not apply to a person lawfully defending life or property or performing official duties requiring the discharge of a firearm or to a person discharging a firearm on public roads or properties expressly approved for hunting by the Fish and Wildlife Conservation Commission or Florida Forest Service. (Emphasis added). You will still need to articulate why the discharge is reckless or negligent and that will be dependent on the facts of each individual case. I have placed the revised Florida Statute and in the legal updates folder for your reading enjoyment. If you have a question or an issue that you would like me to address please or call. For Rent Three bedroom, two bath ground level well maintained house in Key Largo. Fenced yard plus rear screened in porch. Nice quiet backyard. One car garage. AC/Dishwasher/WD. Currently furnished but if you have your own furniture we will move ours. Small to med dogs OK. $ per month plus utilities. Will waive last and 1/2 security for responsible LEO. Interested call Don t forget the Employee Service Awards Ceremony Friday, January 17th at 2 p.m. at the Marathon Government Center.

2 Detective David Cruz and Deputy Matt Dowling were out this week with the city of Key West cleaning up College Road on Stock Island. The goal is to clean up underbrush in an effort to keep people from hiding in the wooded areas along the roadway. A significant amount of trash and debris was cleaned up from the area, which will now be easier for deputies to patrol and safer for the public when they walk, bicycle and run on the pathway and sidewalks along the road. No trespassing signs were installed on city property and a bus stop, which was located on the curve of the road was relocated to a safer, more visible place. Upper Keys cadets visited the U.S. Coast Guard base in Islamorada where Petty Officer Smith conducted a tour of the base and spoke about the missions and responsibilities of the Coast Guard. Sheriff Rick Ramsay and Sgt. Dennis Coleman visited Switlik Elementary School recently for Celebrate Literacy Week. Weekly Rap Up - Page 2

3 Smoked Cornish Game Hens From the kitchen of Det. Sgt. Donnie Catala Brine: ½ cup Salt ½ cup Sugar 1 qt. Apple juice 1 tbsp Dried rosemary or 2 sprigs of fresh 1 tbsp Sweet basil or 2 sprigs of fresh Glaze: ¼ Cup Honey ½ Stick Butter ¼ cup Mango jam (optional) Melt the ingredients in glass measuring cup in the microwave and use a brush for basting. Mix the sugar, salt & apple juice together in a mixing bowl until the sugar and salt are dissolved. Pour the brine into a large Ziploc. If using fresh herbs, place them in the brine now. Place the game hens in brine and put in the refrigerator for 8 to 12 hours. Remove from brine. Rinse and air-dry. Preheat your smoker to 200 degrees and place the game hens on the racks. Open upper and lower cavities to expose insides to smoke flavor. Smoke with Apple or Cherry Chips for 1 to 1 ½ hours max. Baste the hens with the melted honey/butter once during the smoking time. Remove from smoker and bake in the oven at 325 for about 30 minutes. Baste with honey/butter once or twice during the cooking. Brining them keeps them moist, so don t overcook them because they might dry out. Guess Who? On January 15th the Special Investigations Division worked with Miami Dade police and HSI in Miami Dade County. Detectives showed a group from the Haitian National Police the use of technology to help combat crime. The officers in the picture are from the Haitian National Police force. Birthday Name Job Title Goldberg Marsha Administrative Assistant Torrecillas Jessie Detention Deputy Word Winston Detention Deputy Lopez Anthony Detention Deputy Alvarez Julio Deputy Sheriff Underwood Johnny Deputy Sheriff Wyatt Christopher Deputy Sheriff Weekly Rap Up - Page 3 The Guess Who photo from last week was Detective Spenser Bryan. If you want to venture a guess this week, me at beckyherrin@keysso.net. If you have a Guess Who submission, you can also send it to that address.

4 Lord of the Seas Lutheran Church presents Musical and Dinner Saturday, February 1 6:30 PM includes 4 course French dinner $25 adults/$30 at the door $10 children, 12 years and under For reservations, call Lord of the Seas, 1250 Key Deer Blvd Big Pine Key Weekly Rap Up - Page 4

5 IN MARATHON, FLORIDA MILE MARKER 49 SATURDAY, JANUARY 25, TH ANNUAL FAMILY FUN COMMUNITY PARK THERE WILL BE A SCAVENGER HUNT AND PRIZES DURING THE EVENT 11AM-3PM GAMES BOUNCE HOUSE DRINKS MUSIC SNO-CONES POPCORN PERFORMERS INCLUDE Jessica Richard Dancers, Big Pine Academy Percussion and Twirlers, and more great kid talent! Participants include: Astronomy Club Bahia Honda Big Pine Academy Boy Scouts Church of God Dolphin Research Early Learning Coalition Early Steps FKCPD (ADA) Florida Keys Electric Coop Girl Scouts Home Depot Home School PE Jessica Richard Dancers Kayak Dave Key Deer Station Marathon Boosters Marathon Fire/Rescue Marathon Wild Bird Center Held at Community Park in Marathon on January 25 from 11-3, this is sure to be fun for all. Everything is FREE!!! Marathon Wild Bird Center Mosquito Control Papa John s Pizza Publix Sea Camp Sheriff s Animal Farm Shriners St Columba Turtle Hospital Wild Bird Center Winn Dixie Weekly Rap Up - Page 5

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