Jacksonville, Florida

From the Tallahassee Democrat of July 21, 2005

Fatal shooting ruled self-defense

The fatal shooting of two Jacksonville cousins by a tenant they were trying to evict was ruled self-defense because one of them was brandishing a gun and a chain, State Attorney Harry Shorstein said Wednesday.

Shorstein ruled that the July 9 deaths of John McPherson, 21, and Calvin Threadcraft, 26, were justifiable homicides and "lawful self-defense." They were shot along with landlord Pamela Batie, McPherson's sister. She survived.

"That's my decision, based on the facts that I have," said Shorstein, who reviewed the case last week.

Shorstein said the victims were armed with a handgun and chain when they entered the home and the tenant, Melvin Wilcox, was threatened. The eviction was illegal because the victims were not accompanied by a police officer, Shorstein said.

"The law is relatively simple," Shorstein said. "If someone enters your home and you are in fear of imminent death or great bodily harm, you can use deadly force."

In a disposition memo to Shorstein, Assistant State Attorney Alan Mizrahi wrote: "The law clearly gave Mr. Wilcox the right to stand his ground in his home and use deadly force to defend himself and his home."

Wilcox, 26, was questioned by police but not arrested, Shorstein said.

Florida legislators expanded the justifiable-homicide law earlier this year, but Shorstein said the new law didn't apply in this case.