Jury clears homeowner who took cop for intruder
A jury took less than 30 minutes to determine a homeowner did no wrong when he shot a police officer two years ago.
BY CHARLES RABIN
crabin@MiamiHerald.com
A little more than two years ago, Mario Barcia Jr. was awakened in the dead of night by banging on his door. Startled -- and shaken from two previous robberies -- he grabbed his gun and ran to the front of the house.
Within a matter of seconds his life would change forever. Seeing what he described only as a bright light shining through his back door, Barcia fired a single shot.
Five shots were returned. Then Barcia fired twice more.
His first shot had hit Miami-Dade County police officer Chad Murphy in the back.
Barcia was arrested and charged with attempted first-degree murder of a law enforcement officer, a crime that could have left him imprisoned for life. Murphy, wearing a flak jacket, survived with a bloody bruise.
On Wednesday, it took a Miami-Dade County jury less than 30 minutes to decide Barcia did nothing wrong in shooting Murphy, who had entered Barcia's property without permission or a warrant.
But the cost to Barcia, a former Miami-Dade County Family Court clerk, and his family has been substantial: In the past two years Barcia has lost his job and his home, and had to serve house arrest while watching his now-19-month-old son grow.
Still, between hugs from family members on the third floor of the county criminal courthouse, Barcia said he holds no grudge against the state for pressing forward on what he considered an unfair case.
''I'm just glad it's behind me,'' he said. ``They were just doing their jobs. I just wish they'd have been honest.''
Barcia's story began well before the early morning of Oct. 24, 2003, when he shot Murphy. Twice, his South Dade home at 11941 SW 208th St., had been vandalized. Fearing for his well-being and that of his then-pregnant wife Mercedes, Barcia bought a gun in August 2003.
Two months later Sgt. David Dominguez and police officer Thomas Wever were driving down 208th Street near Barcia's home when they heard what they thought was a rock hit their car. They decided to search for who did it, and called for back up.
When help arrived, Murphy and Dominguez made their way over a wall and into Barcia's yard. Both had bright flashlights. At one point Murphy entered a screened porch where French doors led into the home, while Dominguez waited outside it.
About the same time, other officers were banging on Barcia's front door. The noise woke him up.
That's where the state's and Barcia's stories differ. The state claims Barcia peeked out the front window, realized there were police officers there, and shot at an officer outside on purpose.
During the fracas, his wife dialed 911. At one point the operator told Barcia he may have shot a cop. Barcia is heard clearly on the tape saying it was a burglar.
Barcia's attorney, Ronald Lowy, told jurors a different version of events: By the time Barcia made his way to the front of the home, the knocking had stopped -- and all he saw was a bright flashlight pointed directly at him through the window.
Lowy highlighted that point during closing arguments, shutting off the lights in Miami-Dade Circuit Judge Rosa Rodriguez's courtroom, then shining the bright light into the eyes of each juror for a few seconds.
It was impossible to see who was behind the flashlight.
''When someone comes into your house, over a 7-foot fence at 12:40 a.m., you don't expect it to be the police,'' said Lowy. ``They were unlawfully there.''
Before the jury left to consider their verdict, Judge Rodriguez explained it is contrary to law for a police officer to enter a private residence without a search warrant or permission from the homeowner unless it's a very unusual circumstance.
If Barcia had a reason to believe a felony was being committed on his property, or that his or others lives were in danger, the judge added, he could legally fend for himself.
http://www.miami.com/mld/miamiherald/news/local/13713521.htm?source=rss&channel=miamiherald_local
A jury took less than 30 minutes to determine a homeowner did no wrong when he shot a police officer two years ago.
BY CHARLES RABIN
crabin@MiamiHerald.com
A little more than two years ago, Mario Barcia Jr. was awakened in the dead of night by banging on his door. Startled -- and shaken from two previous robberies -- he grabbed his gun and ran to the front of the house.
Within a matter of seconds his life would change forever. Seeing what he described only as a bright light shining through his back door, Barcia fired a single shot.
Five shots were returned. Then Barcia fired twice more.
His first shot had hit Miami-Dade County police officer Chad Murphy in the back.
Barcia was arrested and charged with attempted first-degree murder of a law enforcement officer, a crime that could have left him imprisoned for life. Murphy, wearing a flak jacket, survived with a bloody bruise.
On Wednesday, it took a Miami-Dade County jury less than 30 minutes to decide Barcia did nothing wrong in shooting Murphy, who had entered Barcia's property without permission or a warrant.
But the cost to Barcia, a former Miami-Dade County Family Court clerk, and his family has been substantial: In the past two years Barcia has lost his job and his home, and had to serve house arrest while watching his now-19-month-old son grow.
Still, between hugs from family members on the third floor of the county criminal courthouse, Barcia said he holds no grudge against the state for pressing forward on what he considered an unfair case.
''I'm just glad it's behind me,'' he said. ``They were just doing their jobs. I just wish they'd have been honest.''
Barcia's story began well before the early morning of Oct. 24, 2003, when he shot Murphy. Twice, his South Dade home at 11941 SW 208th St., had been vandalized. Fearing for his well-being and that of his then-pregnant wife Mercedes, Barcia bought a gun in August 2003.
Two months later Sgt. David Dominguez and police officer Thomas Wever were driving down 208th Street near Barcia's home when they heard what they thought was a rock hit their car. They decided to search for who did it, and called for back up.
When help arrived, Murphy and Dominguez made their way over a wall and into Barcia's yard. Both had bright flashlights. At one point Murphy entered a screened porch where French doors led into the home, while Dominguez waited outside it.
About the same time, other officers were banging on Barcia's front door. The noise woke him up.
That's where the state's and Barcia's stories differ. The state claims Barcia peeked out the front window, realized there were police officers there, and shot at an officer outside on purpose.
During the fracas, his wife dialed 911. At one point the operator told Barcia he may have shot a cop. Barcia is heard clearly on the tape saying it was a burglar.
Barcia's attorney, Ronald Lowy, told jurors a different version of events: By the time Barcia made his way to the front of the home, the knocking had stopped -- and all he saw was a bright flashlight pointed directly at him through the window.
Lowy highlighted that point during closing arguments, shutting off the lights in Miami-Dade Circuit Judge Rosa Rodriguez's courtroom, then shining the bright light into the eyes of each juror for a few seconds.
It was impossible to see who was behind the flashlight.
''When someone comes into your house, over a 7-foot fence at 12:40 a.m., you don't expect it to be the police,'' said Lowy. ``They were unlawfully there.''
Before the jury left to consider their verdict, Judge Rodriguez explained it is contrary to law for a police officer to enter a private residence without a search warrant or permission from the homeowner unless it's a very unusual circumstance.
If Barcia had a reason to believe a felony was being committed on his property, or that his or others lives were in danger, the judge added, he could legally fend for himself.
http://www.miami.com/mld/miamiherald/news/local/13713521.htm?source=rss&channel=miamiherald_local