It’s been a little more than a week since 28-year-old Juan Diego was shot and killed as he allegedly tried to enter a dwelling in the Carlton Apartments in Fort Myers, Florida, and though police continue to investigate the shooting as a case of self-defense, the company that owns the apartment complex is moving to evict the tenant who fired at Diego, along with her roommates.
Fox 4 in southwest Florida spoke to the father of one of the tenants, who’s understandably livid that his child is getting kicked out of her home because her roommate acted to protect herself and her friends.
“It adds insult to injury, it’s completely outrageous and I just don’t know what kind of person or organization makes that kind of decision,” said Stuart Lurie.
Lurie said his daughter lives at the Carlton of Fort Myers, in the room where a man with a gun tried to get in, before being shot and killed by one of her roommates.
“Being there present where there was a home invasion and getting pretty shaken up,” he said.
Fort Myers Police said 28-year-old Juan Diego lived in the apartment complex with a number similar to the one he was trying to get into on April 10th. FMPD said this is a potential self-defense case and has not filed any charges.
Even if Diego had no ill intent when he tried to enter the apartment, the women inside had no idea what his intentions were. As far as they’re concerned, a stranger (who turned out to be armed himself) was trying to break into their home. Under Florida’s Castle Doctrine, there’s a strong case to be made that the armed citizen acted in lawful defense of herself and her roommates, and the fact that police haven’t filed any charges more than a week after the incident at least suggests that law enforcement is leading to that conclusion.
The management of the complex, however, isn’t waiting for police to officially determine whether any charges should be filed. It sounds like as far as they’re concerned, the tenants are already guilty of violating the terms of their lease.
Lurie sent Fox 4 a copy of the seven-day notice, which says they have to leave because of prohibited conduct, which includes the following:
“You, your occupants or guests, or the guests of any occupants, may not engage in the following activities: …engaging in or threatening violence; possessing a weapon prohibited by state law; discharging a firearm in the apartment community; displaying or possessing a gun, knife, or other weapon in the common area in a way that may alarm others; engaging in criminal activity that threatens the health, safety, or right to peaceful enjoyment of others in or near the apartment community (regardless of arrest or conviction);.. Any violation of this paragraph shall be a material breach of this Lease and will entitle us to exercise all rights and remedies under the lease and law.”
So if you discharge a gun, even in self-defense, you’re violating the terms of your lease? What about telling a would-be intruder “leave or I’ll shoot you”? Would that be considered threatening violence by the apartment complex’s management?
I’d love to see these tenants fight the eviction notice, but Lurie says his daughter and her friends plan on leaving the Carlton Apartments in the next few days. Still, he’s speaking out about the letter they received because he’s “shocked” at the policy and the disregard for the particular circumstances involved here, telling Fox 4. “If the intruder had gotten in and harmed the occupants, including my daughter, then they’d be allowed to stay? It just doesn’t make any sense to me.”
It doesn’t make any sense to me either, and I hope that this was just an error on the part of the Mahaffey Apartment Group; one that will be rectified now that the local media’s paying attention. The owners of the Carlton still have the opportunity to do the right thing and rescind the eviction notice, apologize to these tenants, and explicitly state that protecting your life will not lead to you being booted out of your apartment. If they fail to do so, 2A advocates in the Sunshine State should spread the word about this insane provision in the Carlton’s lease and ensure that no other gun owner has to choose between their protecting their life or losing their home.
Read the full article here
