Friday, October 14, 2005

Pensacola, Florida

More about this incident

From the Pensacola News Journal of October 14, 2005
Officers: Dispute led to shooting

Incident could be one of first to be assessed under 'stand your ground' law

A dispute about money and a piece of wood led to the Wednesday evening shooting death of a Pensacola man, Escambia County sheriff's investigators said Thursday.

The victim, Richard Piovesan, 44, of the 5200 block of Kee Memorial Drive was pronounced dead at Sacred Heart Hospital.

Robert Peaden, 57, told deputies he felt he had to protect himself from Piovesan when the shooting occurred shortly after 9 p.m. Wednesday in a work trailer adjacent to Peaden's Chatham Avenue home, said Sgt. Ted Roy, sheriff's spokesman.

Peaden told deputies Piovesan forced open the door to his work trailer and made threats. Investigators said Peaden shot Piovesan with a handgun at least once in the chest.

Investigators said the incident was an extension of an argument that had begun the day before. Peaden's and Piovesan's homes are a block apart, and the two were acquaintances.

(Much more detail about the incident)

Once the Sheriff's Office completes its investigation, the case will be sent to the State Attorney's Office for review.

The incident could be one of the first local cases to be evaluated under the new, "stand your ground" law that went into effect Oct. 1, State Attorney Bill Eddins said.

The new law provides immunity to those who use deadly force in defense of life and limb wherever they have a legal right to be, eliminating a previous requirement that a person first attempt to flee a threat before taking a life.

"As it relates to situations that occur in your home, there's not a tremendous amount of difference between the new law and the law as it was before," Eddins said. "The new law specifies that when someone forcibly enters a home, it's presumed that he's doing so to commit a felony."

Eddins said it didn't make a difference that the shooting occurred in a work trailer on Peaden's property, not actually in his home.

He said he could not comment on the specifics of Wednesday's shooting because it is being investigated.

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