|Published:||Jul 26, 2012 11:59 PM EDT|
|Updated:||Jul 30, 2012 5:11 PM EDT|
CAPE CORAL, Fla. - Kenneth Roop told Cape Coral Police he had three "no trespassing" signs in his yard, when door-to-door salesman Nicholas Rainey walked into his driveway. Police say he shot Rainey twice, killing him Wednesday afternoon.
Roop told police the salesman "should have respected that warning." But did that give him the right to shoot?
"It's not a license to harm somebody, no," Attorney Brian Edwards said.
According to Edwards, signs can be used to send a warning, but they don't provide you any legal protection or immunity from causing someone else harm.
"A sign, in and of itself, is almost insignificant," Edwards said. "It does tell the person if they see it, depending on how prominently displayed, they may not want you there. I don't think having a sign gives you license or a right to go up to another human being and threaten them or in this particular case we were talking about, shoot somebody."
Edwards said using the Stand Your Ground defense could be difficult because a second shot was fired.
"Usually what Stand Your Ground is meant for is if a reasonable person in your position would believe force was imminently about to be used against you, deadly force, or death, you can do enough to get yourself away from them," Edwards said.
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