Pensacola, Florida

From the Pensacola News Journal of November 30, 2006

Shooting could be self-defense

Man's death may not result in charges under 'Stand Your Ground' laws

An assistant state attorney said it appears the shooting death of a 47-year-old Pensacola man in a home off Langley Avenue may have been justified in self-defense.

No charges have been filed in Tuesday's incident. Marilyn Caraway, 53, called 911 shortly after 6:30 a.m. and told Escambia County sheriff's deputies she shot her ex-boyfriend, Johnny Ray Clark, in self-defense.

Assistant State Attorney Greg Marcille said his office will make the final determination whether the shooting was justified once the Sheriff's Office investigation is complete.

"It is then that charges, if any, will be filed," Marcille said. "At this point, it appears the shooting will be justifiable."

Sgt. Mike Ward, Sheriff's Office spokesman, said investigators are looking into whether the shooting happened in self- defense.

"It's probably going to be a while before we know," Ward said.

When deputies arrived at Caraway's residence in the 6300 block of Langley Place, they found Clark on the back screened-in porch, shot once in the chest with a high-caliber handgun.

He was pronounced dead at the scene.

Ward said once Sheriff's Office investigators complete their investigation it will be reviewed by the State Attorney's Office.

If it is proved that Caraway was acting in self-defense, she likely will be protected under Florida's Stand Your Ground laws, which allow the use of deadly force to defend against forcible unlawful entry or attack.

These laws eliminate a person's duty to retreat from an invader or assailant in certain cases before resorting to the use of deadly force.

"It appears (Caraway) was put in a position of fear," Marcille said. "This seems to be a fairly simple case that can be handled in a fairly short period of time."

Ward said further information on the shooting could not be released because the investigation is ongoing.