Petition for Clemency: 20 years for firing warning shot (Read 2539 times)

punaperson

Petition for Clemency: 20 years for firing warning shot
« on: October 27, 2014, 06:10:34 AM »
I don't know if these petitions really help, though I have read in some cases they have. Should take less than a minute to go to site and sign. I suspect, given Florida's self-defense laws, that the father would have gotten less prison time, or none at all, had he shot the violent adolescent and maybe even killed him.

https://www.change.org/p/gov-rick-scott-grant-clemency-to-lee-wollard?utm_source=action_alert&utm_medium=email&utm_campaign=166604&alert_id=OQYcTvseQd_SqPluaiXeZIsoKFDgRNGR4mDaCcH83TGz2P8I80FPO41yCl2uyD5tlBXOdRkS53m

Excerpt:

Grant clemency to a father serving a 20 year mandatory minimum sentence for protecting his family

Orville (Lee) Wollard is serving a 20 year mandatory minimum sentence for protecting his family against a violent individual in his Florida home by firing a warning shot.  Nobody was injured or hit. But unless Governor Rick Scott grants him clemency, Lee will be in prison until he's 73.

In the spring of 2008, Lee and his wife Sandy opened up their home to their teenage daughter's 17-year-old boyfriend, who reportedly had nowhere to stay. Shortly thereafter the couple found out that he was stealing prescription pain medication from the home, and had on a prior occasion hit their daughter. Lee and Sandy eventually told the boyfriend that he should make plans to leave their home.  One day,  seeing the boyfriend outside the house with his daughter, Lee asked him again to leave, and the young man attacked him, ripping out stitches from Lee's recent surgery. The boyfriend left with Lee's daughter, and Lee was in too much pain to do much else.

Some hours later, Lee was awakened by his older daughter's calls for help - the young man was inside the younger daughter's bedroom and loud noises were heard from outside, as if objects were being thrown. Scared for his family’s safety, Lee took his pistol into the hallway area, where at that point he saw his younger daughter crying, and the boyfriend punching a hole with his fist in the living room wall.  Lee ordered the boyfriend to leave. The boyfriend, with clenched fists, came closer to Lee, who at that point shot a bullet into the living room wall to scare him. No one was hurt and this finally caused the boy to leave the house. 

Several weeks later, the boyfriend went to the police and said Lee had fired a gun at him. That same day, Lee was arrested and charged with aggravated assault without intent to kill.

Believing he was within his rights to defend his family, Lee rejected a plea deal for five years of probation and pled not guilty. The jury rejected Lee's self-defense claim and found him guilty of possessing and discharging a firearm, triggering Florida’s 20-year mandatory minimum for aggravated assault with a weapon. 

eyeeatingfish

Re: Petition for Clemency: 20 years for firing warning shot
« Reply #1 on: October 27, 2014, 08:49:08 AM »
This is just speculation of course but I bet the father's failure to immediately call the police after firing the shot weighed heavily against him with the jury.

oldfart

Re: Petition for Clemency: 20 years for firing warning shot
« Reply #2 on: October 27, 2014, 09:14:25 AM »
Here is a link to to a CBS News story regarding this case and the topic of mandatory sentencing.
http://www.cbsnews.com/videos/are-mandatory-minimum-sentences-an-injustice/
What, Me Worry?

punaperson

Re: Petition for Clemency: 20 years for firing warning shot
« Reply #3 on: October 27, 2014, 09:19:55 AM »
This is just speculation of course but I bet the father's failure to immediately call the police after firing the shot weighed heavily against him with the jury.
Perhaps. The father's other mistakes include not calling police when he had evidence that their prescription medications were being stolen, probably in order not to further alienate his daughter. Then there's the whole issue of his daughter's choice of intimate partners... I wouldn't be surprised if she still doesn't have a thing for the criminal "bad boy". Whatever all the surrounding issues, I don't think the guy deserves 20 years... assuming it was a warning shot in a legitimate self-defense situation, and not just an unprovoked/unjustified bad shot/miss.

eyeeatingfish

Re: Petition for Clemency: 20 years for firing warning shot
« Reply #4 on: October 27, 2014, 10:30:39 AM »
Perhaps. The father's other mistakes include not calling police when he had evidence that their prescription medications were being stolen, probably in order not to further alienate his daughter. Then there's the whole issue of his daughter's choice of intimate partners... I wouldn't be surprised if she still doesn't have a thing for the criminal "bad boy". Whatever all the surrounding issues, I don't think the guy deserves 20 years... assuming it was a warning shot in a legitimate self-defense situation, and not just an unprovoked/unjustified bad shot/miss.

I was thinking that perhaps the daughter even said something against the father's testimony because she "loved" her boyfriend...
I hate to say it but he probably would have been better off just killing the guy.
I would at least hope that if the father called the police and documented the incidents carefully that the justice system would have found him innocent....