In August 2006 Florida reporter Adam Liptak wrote about two cases in which two shooters escaped prosecution under the “Castle Doctrine” after shooting people. One was a Port Richey, Florida prostitute who killed a 72-year-old client with his own gun rather than flee. The prostitute, Jacqueline Galas, said that Frank Labiento, a longtime client, had threatened to kill her and then kill himself. A suicide note left by Labiento supported Galas’ claim.
“Before that [Castle Doctrine] law,” said Michael Halkities, division director of the state attorney general’s office, “before you could use deadly force, you had to retreat. Under the new law, you don’t have to do that.”
The Castle Doctrine protected Galas, Halkitis said. “It would have been a more difficult situation with the old law [not to charge her],” he added. “Much more difficult.”
The second case Liptak wrote about involved a retired Virginia police officer living in Clearwater, Florida named Kenneth Allen who shot his neighbor following a shouting match over putting out garbage.
“Had it been a year and half ago,” said Jason Rosenbloom, the neighbor who was shot, “he [Allen] would have been arrested for attempted murder. I was in T-shirt and shorts. I was no threat. I had no weapon.”
Rosenbloom had knocked on Allen’s door to express his displeasure that Allen had filed a complaint with the local authorities because Rosenbloom had put eight bags of garbage when a local ordinance allowed only six bags. The two got into an argument and, according to Rosenbloom, Allen closed the door and then opened it again.
“He [Allen] had a gun,” Rosenbloom said. “I turned around to put my hands up. He didn’t even say a word, and he fired once into my stomach. I bent over, and he shot me in the chest.”
Allen was not charged. It is cases like Allen and Galas that prompt most prosecutors to be critical of the Castle Doctrine laws.
“They’re basically giving citizens more rights to use deadly force than we give police officers, and with less review,” said Paul Logli, former president of the National District Attorneys Association.