Tuesday, November 29, 2005

South Patrick Shores, Florida

From Melbourne’s FloridaToday.com of November 29, 2005
No charges after man kills neighbor

Resident defending self, state says

A South Patrick Shores man was legally defending himself when he shot and killed a man pounding on his front door in September, a state attorney has ruled.

Volusia County State Attorney John Tanner has decided to drop a charge of manslaughter with a firearm against Gary Otto, 48. Otto faces no criminal charges in the nighttime shooting death of his Waterway Estates neighbor, Dan Twadell, 40, said Linda Pruitt, spokeswoman for Tanner's office.

Otto was charged with manslaughter after shooting Twadell in the head at close range with a .357-caliber revolver. Otto and his 85-year-old father were sleeping when Twadell and three other men beat on the door and threatened to kill him, police reports show.

The dispute was sparked after someone slashed tires on two trucks in the driveway of Twadell's Skylark Boulevard house. Twadell, a computer software engineer, had been drinking at Sports Page Bar in Satellite Beach hours before the shooting.

Twadell's blood-alcohol level was more than twice the legal limit when he confronted Otto, records show. His three companions also had been drinking.

In his ruling, Tanner wrote Florida's "Castle Doctrine" law permitted Otto to use deadly force during "what appeared to be a home invasion type of violent attack."

"Mr. Otto had good cause to fear for his life and personal safety and that of his elderly father," Tanner stated.

Tanner investigated the case instead of the Brevard County State Attorney's Office because Otto's brother is a Titusville police commander.

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