Florida Man Kills Endangered Animal in Self Defense
A man who lives in San Carlos Park, Florida, shot a bear in his back yard in May to protect his family and property. Unfortunately, the bear was an endangered black bear and the man was charged with a third degree felony.
The man and his attorney asked for all charges to be dropped when they went to a Lee County courtroom on Monday for pre-trial motions. The charges, they stated, should be dropped because the man has “immunity” from prosecution.
The man’s attorney cited a 2005 Florida law called “Stand Your Ground” that protects citizens from being criminally prosecuted for the use of deadly force in self-defense.
Although the law was probably originally drafted to protect homeowners from being prosecuted for protecting their homes, families, and persons from break-ins and robberies, it is not a huge leap to extend the protection to the threat of aggressive and dangerous animals as well. After all, an endangered animal can kill or maim just as easily as a non-endangered animal and the man in question was under the same obligation to protect his family from harm in this situation as he would have been with a human attacker.
The prosecution questions the issue of self-defense because of statements made to the police that indicate that the bear was not acting aggressively.
The judge is considering the matter and has requested more information before he will make a ruling. The trial is slated to begin on December 14, if it is not dismissed prior to that date.
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