Homeowner had 'a right to resist'

[Pred]

By TODD RUGER
todd.ruger@heraldtribune.com
SARASOTA -- John Coffin won't spend any more time in jail for beating up two sheriff's deputies inside his house, striking one in the head with a Taser gun he took from the other.
Circuit Judge Rick De Furia said at Coffin's trial Tuesday that he doesn't condone the violence against the deputies.
But Coffin, 56, had a right to defend his family and property because the deputies had no right to be in Coffin's house in the first place, De Furia said.
"Law enforcement was responsible for the chain of events here," De Furia said. "I think in situations like this, officers become so frustrated they go beyond what the law allows them to do."
The fight started when Coffin heard his wife screaming in pain, went into the garage and saw two deputies arresting her on the floor.
The deputies were trying to serve Coffin with civil papers that had been given five days earlier. They had entered the garage even though they did not have a search warrant or arrest warrant.
And they arrested Coffin's wife, Cynthia, 50, on obstruction charges even though she had no obligation to follow their orders to bring her husband outside.
"The most critical is the fact the officers broke the law by stopping the garage door from going down," and then entering the garage, De Furia said.
A jury was picked for the trial Monday. But the judge granted a motion by Coffin's attorneys, Derek Byrd and Brett McIntosh, and acquitted John Coffin on five of six felony charges Tuesday morning.
Coffin pleaded no contest to the remaining charge of taking a Taser gun from one of the deputies during the fight.
Before handing down the sentence, De Furia asked how long Coffin spent in jail after his initial arrest.
"You spent eight days in the Sarasota County jail," De Furia said. "That's your sentence. No probation."
Relatives applauded, and Coffin walked out of the courthouse with only a $358 bill for court costs. The sentence surprised even defense attorneys, who had suggested De Furia sentence Coffin to probation.
Prosecutors had asked for more than a year of prison time because of "the totality of the case" and the injuries to deputies James Lutz and Stacy Ferris, whose name is now Stacy Brandau.
The two deputies testified about their injuries Tuesday -- three blows to the head with the butt of the Taser gun knocked Lutz unconscious.
"I just ask that he doesn't get away with this," Brandau told the judge.
Assistant State Attorney Jeff Young told the judge the case "could have been over in five seconds" if the Coffins "had simply come out and cooperated."
"That is a man who took it upon himself to beat up two police officers," Young said.
De Furia said that while he believed the deputies' mistakes were not intentional, the Coffins had every right to lock doors, try to close their garage door and not cooperate.
"What took place in the house was unfortunate," De Furia said, "but Mr. Coffin ... had a right to resist."

Hmm, seems the cops got what they deserved. Illegal is illegal no matter who does it.

Homeowner had 'a right to resist'

[troy2000]

Sounds like some amateurish work on the part of the two LEO's.

[Rave]

In Florida common sense seems to rule more than many areas,not always,but Florida tries.

[Dallas]

So what was the civil charge he faced? Why didn't he just take the paper and act like a man? Why was he hiding? To paraphrase Paul Harvey, what is the rest of the story?

[Pred]

Hmm..

"But a judge dismissed Coffin's misdemeanor resisting arrest charge Tuesday, saying the deputies weren't even supposed to be serving the injunction or entering her garage.

That's because Coffin's husband, John, had been served with the civil papers five days earlier in Charlotte County. And the deputies did not have a search warrant or arrest warrant allowing them to enter the Coffins' house.

Cynthia Coffin's attorney, Derek Byrd, said it would have taken deputies about a minute to check whether the injunction -- a restraining order that was part of a landlord-tenant dispute -- had already been served.

......Officers are engaged in a legal duty when trying to serve civil papers. But there is no legal duty to serve papers that have already been served, Byrd said.

"She's allowed to resist without violence if it's not in a legal duty," Byrd said.

[Rave]

Kentucky laws aren't too bad either

[troy2000]

Originally Posted by Dallas

So what was the civil charge he faced? Why didn't he just take the paper and act like a man? Why was he hiding? To paraphrase Paul Harvey, what is the rest of the story?

Although we'd have to hear a lot more of the story before we knew one way or the other.

But that doesn't excuse the unprofessional conduct of the officers. If they had forced their way into my garage (by stopping the door from closing) to put my wife on the floor under those circumstances, I'd have been knocking heads too.

[Dallas]

Oops my bad Phred.

[SPOCAHP ANAR]

What if he had shot the officers? Two people with guns holding my wife down? Would we be seeing a different outcome?

[DWARREN123]

Lack of proper training and going beyond their legal ability and just not checking out what has already be done. Unless they had a search warrant they were not justified in entering private property.
He may not have been 100% right but the LEO's were wrong.

[Lng Rng]

I guess this proves law enforcment has to follow the laws that they are supposed to be enforcing.

[Calvin]

To a certain extent, it has always been that way. LE officers have to actually break certain laws to enforce them.

[lefty o]

those cops are lucky they are not dead!

[ArkansasHunter]

I could be mistaken but here in Arkansas If the guy had a warrant the cops wouldn't need to have the warrant with them to arrest him.

So the laws may be different in every state.

And could of It been possible, the guys wife saw the cops comeing and started closeing the garage door, and this started this mess.

Or the guy was kin to the judge. My son is a city cop, I can't wait to show it to him...Mike

[CrazyIvan]

Originally Posted by SPOCAHP ANAR

What if he had shot the officers? Two people with guns holding my wife down? Would we be seeing a different outcome?

You would have to argue that discharging your weapon, causing fatal or near fatal injuries, was the appropriate level of force, which I doubt you could prove in this case. Physical engagement is and was the appropriate level for this guy, especially against 2 people who are probably not there to shoot you.

[ArkansasHunter]

The deputies were trying to serve Coffin with civil papers that had been given five days earlier. ( note the 5 days earlier in this sentence )

The guy had already been served papers, due proscess was in motion.

The deputies had NO right to go back again a second time.

BUT I wonder if someone at the department drop the ball and the deputies didn't know.

Anyway the cops drop the ball.

[lefty o]

as far as i can figure from this, the cops/criminals commited several felonies. were charges brought against the crooks with badges?

[Rufus Rhastus J]

It's too bad he didn't kill them both! But, at least they will know next time! Finally, a judge with some common sense! I'm really pleased with the outcome of all of this. Still, I wish the cops had had some more to complain about!

[ArkansasHunter]

This is my 3rd. reply to this thread :
Last night in bed I told my wife this story and her comment was HARRASSMENT the papers had been served 5 days earlier and why would the dupties go back and do what they did.
I profess being a christian, but if I found these 2 dupties on my wife I would of done the same as Mr Coffin, maybe even worst.

[Rave]

Those guys should be transferred to the ATF where their attitude would be really appreciated and utilized.