Miami Homeowner Shoots Man Found Naked and Strangling Dog In His Home

Rottweiler (Canis familiaris) adult resting on the deck of a homeThis is not exactly your standard police report in Miami. A homeowner came downstairs and found an intruder in his home and shot him. What was a bit less common was the fact that the intruder was naked and in the process of strangling the homeowner’s pet Rottweiler when he was shot.

The homeowner came down at 5 a.m. when he heard the dog barking. He fired twice and hit the suspect once in the leg. The man then tried to bite the homeowners, police, and medical staff. Obviously drugs are suspected.

What is interesting about this case is that a dog is considered chattel and torts law bars the protection of property with force calculated to cause serious bodily injury or death. However, even without the so-called Castle doctrine laws, homeowners have a privilege of self-defense and jurors rarely question such privilege when encountering a man in a home. With the Castle Doctrine, such homeowners are allowed to use lethal force as a matter of statutory law.

The homeowner opened fire twice, hitting the suspect in the leg once. The homeowner held the man until the police arrived. The suspect will reportedly be charged with burglary of an occupied dwelling with assault, animal cruelty, resisting arrest with violence and lewd and lascivious behavior.

Source: NBC

35 thoughts on “Miami Homeowner Shoots Man Found Naked and Strangling Dog In His Home”

  1. Darren,
    I notice the homeowner fired twice, hitting the perp once in the leg. My guess is he is only an average marksman. However, I have been around Rotties quite a bit, and anyone who thinks they can strangle a full grown Rottie bare handed better have really big hands. It is a miracle the Rottie did not remove the perp’s “gene pool,” thus making him eligible for a Darwin Award.

  2. Otteray:

    It could be either way, bad shot or lesser use of force. It is a bit noteworthy that the article mentions the burlgar was charged with resisting arrest, that is after being shot then being confronted by the police he continued to be violent. Pretty dangerous.

    One thing that will help with the stress issue would be to go through one of the Firearms Training simulators a few times, the ones that use video and are linked electronicly to a semi-real type of pistol that records where the hits were made. It does help. Breathing exercises help calm the adrenalin.

  3. Darren,
    I wonder if the shot to the leg was due to stress and bad aim, or deliberate. Had it been me, I would have aimed for center mass.

    I am not a Navy Seal. When the Seal shot bin Laden’s wife in the leg, that was deliberate use of less than deadly force. I don’t think I would ever be that good under stress.

    When she gets home, I am going to show this story to my daughter and ask her opinion. She is a critter person, and a crack shot. I pity anyone who tried to hurt one of her animals. Her ultimate goal in life is to be a K-9 officer.

  4. Justifiable use of force by the homeowner.

    I can tell you that a doped up naked man who is displaying violence such as this is a great threat. Such a man murdered a deputy sheriff in King County many years ago. One person is not going to be likely to take him down himself. When they take their clothes off like this, it is a sign of a deranged mind bent on violence.

    I don’t think this is any different that he was displaying violence to the dog as being an issue with the dog being property rather than another object it is the propensity for violence that is the threat to the homeowner. I don’t feel the homeowner should have to risk being maimed or killed by this burglar before the homeowner may use force to defend himelf.

    Being shot in the leg, the burglar should have considered himself lucky and if the homeowner chose to shoot the burlgar in the leg, he used a lesser force than what could have been lawfully used. I could see a double-tap to the head being done by many other homeowners.

  5. If the dog had chomped the guy’s dangling participle, would the homeowner have been charged with keeping a dangerous animal?

    The guy should really thank the homeowner for shooting him and saving his mountain oysters from that dog.

    As for the dog not barking, many guard dog trainers teach guard dogs to not bark before attacking. A watch dog is different from a guard dog. A Pug for example, is probably the least likely dog to bite somebody, but they can raise a racket at the smallest sound or movement that is not supposed to be there. None of the local police K-9 dogs growl or bark before being turned loose to search a premises or go after a bad guy. Barking and growling wastes energy that will be needed in case of an attack.

  6. Let me get this straight. The guy breaks in and the Rottweiler doesn’t utter a peep until the perp tries to strangle the dog … and then it starts barking? Was the dog on sleeping pills or trained not to set off a barking alarm when strangers entered the house at night in the dark? Only then the dog barks, rouses the homeowner who pops a few at the perp. This is a strange scenario

  7. This also raises a question for me:
    Suppose this was in a park when the attack occurred.
    What steps would I have to take to justify shooting to either wound or kill?
    Would multiple shots mattered?

  8. It would have been better if the person was having sex with the rottweiler rather than strangling the rottweiler. Being naked all by it’s self is not bad.

  9. AC, Great joke. I’ll steal that one inserting non pc ethnics for the “guy.”

  10. “a dog is considered chattel and torts law bars the protection of property with force calculated to cause serious bodily injury or death.”

    I don’t doubt that is the law. But as a person with an interest in dogs, I would probably feel justified to protect my dog as my family.

    And as a hypothetical juror I think I would have some concerns convicting someone who had used force to protect their dog.

    I am not claiming that concern for dogs should rise to the level that we have for humans. But my guess is that many would feel that the view that dogs are nothing more than property needs to change.

    One has to wonder what kind of drugs they are distributing in Florida. Attacking a dog now. A few months ago wasn’t there a case that involved an attempt to eat someone’s face?

    My next trip to Florida, I think I will stay in the hotel bar.

  11. In New York City, the City of Bloombergs, they would prosecute the homeowner for having a gun, loaded or unloaded, in his home.

    On the Eighth Day God created Dog to watch over the humanoids. “Watch over” the Rottweiler did. His Pal should get the Dog Pal of The Year Award. [Note: no dog dares call his Pal an “owner”– the rest of the pac would strangle such a dog.] The perp was sent by the Devil. Find out his lineage.

  12. Insane? Or just one tough son of a b***h? Reminds me of the joke about the guy whose initiation to a club required having sex with an eskimo woman, and killing a polar bear with his bare hands. After completing half of the task, he returned and asked where was the eskimo woman he’s supposed to kill…

  13. And doing so nude is corroboration of insanity. Those gonads would be swinging low in hot Miami, making an obvious target for a riled and hungry Rotweiler…Miami Beach Oysters.

  14. Held him down to the police came? KILL HIM! Or he will be back with some friends in 18 months (after jail and his probation is up) now that he knows that you don’t have an AK-47.

  15. Take the wife, leave my dog alone….. I wonder if Floridas insurers have determined that possession of the Rottweiler will void homeownership coverage….

Comments are closed.