Exchange of Gunfire Results in Attempted Murder Charge
A Miami-Dade man is facing a charge of attempted murder after an exchange of gunfire outside of The Acreage home. Remy Jean, 31, is now facing charges of first-degree attempted murder and neglect of a child. The other man, who also reportedly fired at the defendant, was not charged in the altercation.
Why Weren’t Both Men Charged?
There was a party at the house. Jean drove down there to pick up a guest when he got into an argument with another man at the scene. Jean tried to force his way into the house, but the guests and hosts wouldn’t let him through the door. At that point, the other man involved in the shooting went to retrieve his weapon, after which he went outside to make sure that Jean was gone. Jean responded by firing four shots at the man who returned fire. Jean was arrested on charges of attempted first-degree murder, a crime which in Florida carries the same sentence as first-degree murder. The other man was allowed to go free.
The reason why Jean was charged was that he was causing a disturbance on someone else’s property. He was already committing a crime when he attempted to violently access the inside of the home without the permission of the owner. For his part, the other man was simply ensuring that his guests were safe and that Jean left the property without an issue. He is well within his rights to draw a weapon on a belligerent guest and force them to leave his property. Additionally, he is well within his rights to return fire if fired upon by someone he perceives as a threat. In other words, the man did nothing wrong. So long as the gun was legally registered to him, there could be no successful prosecution against him.
The Prosecution Against Jean
The prosecution will argue that Jean went there to pick up a friend, but totally lost his cool when he and another man began beefing. He had no right to attempt to go into the house and once he was denied entry, that should have been the end of the incident. The other man involved in the altercation attempted to secure his property, again—well within his rights. One could argue that if he had let the man drive off, there would have been no gunfire, but there’s no reason to believe that someone acting like Jean would act reasonably in that situation.
Jean could argue that the other man made a threat against him, which is why he fired once he saw him on the porch. This would be a sound “stand your ground” defense, but without corroboration from the party guests, it will make that defense much more difficult.
Talk to a West Palm Beach Criminal Defense Attorney
If an altercation between willing participants has you staring down the barrel of a first-degree murder charge, call the West Palm Beach criminal attorneys at The Skier Law Firm, P.A. today to schedule an appointment and discuss your situation in more detail.