DeLand Man Catches Burglar and Uses Legal Concealed Weapon to Stop Him
As Fort Lauderdale firearms criminal defense attorneys, we were amused to see a recent item about a foiled burglary attempt in DeLand. The Daytona Beach News-Journal reported April 13 that Daven Woulard, 26, caught a burglar in his basement as he arrived home on April 12. He pulled his revolver, for which he has a concealed weapons permit, and succeeded in forcing the burglar to lie down on the ground and wait for the police to arrive. The invader turned out to be Jarrett Holloman, 16, who was taken to the Volusia Regional Detention Center and charged with burglary.
Woulard was driving home at about 9:25 in the morning when he noticed a pair of legs sticking out of his own back window. Rather than call the police, he took out his legally owned revolver and entered his home through the front. When he found Holloman, he asked the juvenile to get out of the house. Holloman left through the window but refused to lie down on the ground as Woulard asked. Woulard fired one bullet into the ground and told Holloman he would shoot if Holloman did not obey. Woulard then walked Holloman to the driveway, where he had Holloman lie down and wait for the police to arrive. It was not clear who called the police.
Our Miami-Dade gun crimes criminal defense lawyers are pleased to see that Woulard is being hailed as a quick thinker, rather than being charged with a crime. Incredibly, this is a possibility even in Florida. Inside the home, Woulard would likely be protected by the “stand your ground” law, which allows Floridians to use deadly force against intruders who are “unlawfully” or “forcibly” entering the home, regardless of whether they pose a threat. But the use of the “stand your ground” law outside the home is controversial and not settled. Outside, where Woulard was when he fired, you can use force in self-defense only if you reasonably believe the force is necessary to protect you or another from imminent use of unlawful force. In this case, that would mean Woulard would have had to show that he believed he was physically threatened by Holloman. Depending on the circumstances, this could be harder to prove.
At Law offices of Sebastian John Balliro, P.A., we believe situations like this one show the value of allowing law-abiding citizens to carry firearms. When ordinary people carry weapons, they can equalize the balance of power between them and criminals, who may very well be armed. However, citizens’ Second Amendment rights are frequently attacked by the anti-gun lobby, which threatens to leave law-abiding citizens at the mercy of criminals who don’t care what the law says. As a result, gun laws can be confusing and innocent people can be caught in the criminal justice system. Our West Palm Beach weapons crimes defense attorneys defend people who run afoul of the legal system by accident or because they made a simple, nonviolent mistake. Our attorneys include several marksmen, hunters and collectors, so we understand what firearms businesses and users face when they try to follow the law.
If you’re charged with a firearms crime in Florida, you should talk to the experienced attorneys at Balliro right away. To set up a free consultation, you can send us a message through our site or call toll-free from anywhere in Florida at 1-866-FIREARMS.
