Stand your ground? Will state charge Ocala man who shot the man who was beating his dog?
An Ocala man accused of beating his neighbor’s dog on Aug. 5 was shot by the animal’s owner. That man faces three criminal charges, and the shooter might be charged, as well, unless prosecutors determine that this is a stand your ground case.
Ocala Police officers were called to the 1500 block of Northeast Second Avenue in reference to the shooting. Detective Mark Pfeifer interviewed the shooter. The man said he was inside his residence when he saw another man, later identified as Juan Jose Vargas, 28, on his property.
Armed, the shooter went outside to confront Vargas and saw Vargas beating his dog. The armed man, whose name was not released by police, told the detective he fired a shot in the ground, telling Vargas to get off his property.
Vargas jumped the fence. The man said Vargas threatened to kill him and his family. During the argument, the man took pictures of Vargas and told his girlfriend to call 911.
The man said although he was armed, Vargas continued to curse at him and he was fearful. The man said he didn’t know if Vargas had a weapon or was under the influence or drugs or alcohol.
The man said Vargas went to the fence, leaned over and began hitting his dog again. The fence was about 4 feet high. The man said he shot Vargas because he was in fear.
Vargas, injured, walked away from the fence and fell in the roadway. The shooter said he went to his girlfriend and cried.
The man said he went over to Vargas and saw two women, later identified as a nurse and Vargas’ girlfriend, treating him. The man said he went to his shed, removed the magazine and a bullet from the handgun, and put the weapon on a table. He said he surrendered when police officers arrived.
The man showed the detective the pictures he took of Vargas. The detective heard an audio recording of Vargas taken during the dispute.
Police interviews
Pfeifer interviewed the nurse. The woman said she was inside her residence when she heard a gunshot. She said she went to her back porch and saw the men arguing. She said the armed man was telling Vargas to leave. She said Vargas walked away, but then returned to the fence.
The woman said the men were face-to-face and Vargas leaned over the fence, bent down, and was punching something. Officers believe it was the dog. She said she heard a second shot, though she didn’t see a weapon.
Vargas walked away from the fence and collapsed in the road. She said she went outside and saw Vargas’ girlfriend with Vargas.
The woman said the armed man came by and put his hands in the air. She said he told them he wasn’t going to harm them. The nurse said she applied pressure on the wound until police arrived.
Vargas was shot in the right leg, police said.
Vargas’ girlfriend said she told her boyfriend she was going to visit her father as she drove past him. She said Vargas was outside. She said she saw him yelling at the dog, telling it to be quiet. The woman said recently, the dog has been running up to the fence and barking loudly.
When she passed her boyfriend, she heard a pop. She said she continued driving and heard another pop. She said when she turned around, she saw her boyfriend standing in the roadway. He fell to the ground and she called 911.
She said the nurse came outside and helped her until officers arrived.
The shooter’s girlfriend was interviewed by Officer A. Burgos. She said she heard a noise coming from her backyard. Looking outside, she said she saw Vargas beating their dog. She said she and her boyfriend went outside. She said her boyfriend, who was armed, fired a shot in the ground and told Vargas to leave.
Initially, she said, Vargas walked away, but then he came back. She said she saw him reach for his pocket and her boyfriend shot him in the leg while she was on the phone with a dispatcher.
In court
Police officials said the shooter is cooperating with them. The shooting is being investigating by the State Attorney’s Office, which will determine whether it qualifies as a stand your ground case.
In such cases, the law holds that if a person is in a home/dwelling where is legally allowed to be, he does not have a duty to retreat before using deadly force if he reasonably believes it’s necessary to prevent serious injury or death.
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Vargas was treated at a local hospital and released. He was booked into the county jail Tuesday morning, charged with unarmed burglary, criminal mischief and animal cruelty.
Seated in a wheelchair, Vargas made his first court appearance in front of County Judge LeeAnn Mackey-Barnes on Wednesday. The judge was told Vargas has a previous DUI conviction. Vargas’ brother was in the courtroom.
Bail was set at $12,500. If he post bond, the judge said, Vargas cannot have any contact with the shooter, is forbidden to come within a mile of the man’s residence, and must stay away from the neighborhood while the case is pending.
His next court date is Sept. 6. As of Thursday, Vargas was still in jail.
Contact Austin L. Miller at [email protected]
This article originally appeared on Ocala Star-Banner: Was Ocala man legally protected when he shot a man who was beating his dog?
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