Father and Son Won't Face Charges After Killing Intruder
Cristobol Navarra was killed by two homeowners who suspected he was a burglar
By CARLOS MILLER
Updated 6:14 PM EDT, Sat, Sep 12, 2009
Was Cristobal Navarra taking a shortcut or planning a burglary?
After scaling a six-foot iron fence of a private home in Miami, Navarra came face to face with one of the home’s residents.
Navarra ended up struggling with Juan Carlos Kennedy. Then Kennedy’s son, Carlos Kennedy, joined in the struggle. At least one of them started beating him to death with a golf club.
Police say the father and son were justified in killing Navarra, however, Navarra’s family believes he was wrongly killed. They insist that he was not going to break into the house, but was only cutting through their yard as a shortcut to get away from the rain.
Police say they will not file charges against the father and son. But the incident does bring into question the state's law that protects property owners from being punised for defending what's theirs. In 2005, Gov. Jeb Bush signed what is referred to as the "Stand Your Ground" law, which states that citizens who use deadly force in self-defense are immune from criminal prosecution and civil liability.
Before the passing of the law, deadly force only applied to intruders who entered the home, and even then people had the burden of proof to show they feared for their safety.
The current law now includes the area outside of one's home, but the homeowner must "reasonably believe" that deadly force is necessary.
Some believe the law simply encourages vigilantism.
This month, two other incidents of residents defending their homes against intruders occurred in Palm Beach County.
First Published: Sep 12, 2009 12:38 PM EDT
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