GAINESVILLE, Fla. (WCJB) -- A Gainesville man who was shot and killed when he entered another person's apartment is now believed to have suffered from seizures which caused confusion.
Here's what police have to say about this stand your ground case and why family friends of Greg Miller who was killed say it's all a terrible misunderstanding.
Gainesville police say they responded to a call from John Barbour, saying he had just shot someone in his home. When they got there the caller had locked himself in his bathroom.
Officer Ben Tobias, the Spokesman for Gainesville Police said "he was very scared, he is in his 70's and apparently has some medical issues. He said he had time to see this person in his home, had time to reach into the nightstand, had time to get a magazine, had time to rack it and charge the weapon still telling the man to get out of his home. The man was still coming towards him so he felt threatened and shot the man multiple times in the living room of his apartment."
The intruder, 52-year-old Greg Miller had no ties to the apartment resident and no previous criminal history.
TV20's Landon Harrar reported "a family friend to the man who was shot and killed, that friend wishing to remain anonymous, reached out to us and says the man's name was Greg and had a history of seizures. They told us he would have these seizures and then wake up in places not knowing how he actually got there and that's how the family believes he ended up in the wrong apartment. Greg actually lived in the same apartment complex as the man who shot him."
Situations like this one are rarely cut and dry from a legal perspective.
Officer Tobias explains. "You know Florida stand-your-ground or castle doctrine, whatever way you want to speak of it, is not a free for all. I don't want folks to get in the frame of mind that just because somebody steps a toe into their apartment that they can shoot them as many times as they want. This man was elderly, had medical issues and felt in fear that this man he told to leave did not leave and he was left with no other recourse in his mind than shooting the intruder."
Police did not arrest John Barbour, and no charges are expected.
GPD Press Release given Sunday, September 16th:
Gainesville Police say that a Gainesville man is dead after being shot inside a condo on NW 28th Lane early Sunday morning, September 16, 2018.
GPD says that a little before 7:00am the elderly owner of the home called police to say that he had just shot an intruder.
When officers arrived, they found 52-year-old Gregory Miller lying on the living room floor of the home, suffering from several apparent gunshot wounds.
Miller was declared dead at the scene.
GPD say that investigators are still putting together the facts of the case, but that that the homeowner has been cooperative and charges are not expected to be filed.