I really cant see how this could possibly be anything other than murder. I cannot for the life of me think of any kind of action that would warrant lethal force as self defense.
Castle Doctrine. Although the exact details of the doctrine vary from state to state, the basic idea is that there is no requirement to retreat in your "homestead." The most commonly heard example is being allowed to shoot the unarmed person who broke into your home and is robbing you.
(1) A person is presumed to have held a reasonable fear of imminent peril of death or great bodily harm to himself or herself or another when using defensive force that is intended or likely to cause death or great bodily harm to another if:
(a) The person against whom the defensive force was used was in the process of unlawfully and forcefully entering, or had unlawfully and forcibly entered, a dwelling, residence, or occupied vehicle, . . . ; and
(b) The person who uses defensive force knew or had reason to believe that an unlawful and forcible entry or unlawful and forcible act was occurring or had occurred.
Fla. Stat. § 776.013 (2012)
Hmm... That's a stretch. A really big stretch. Yeah, OK, too much of a stretch.
Here's the thing: he should be going to trial right now. Even if it truly was self-defense, it's up to the courts to say if he was guilty of murder, not the police, and the fact that he hasn't been arrested yet is very suspicious.
Agreed. Police only need reasonable suspicion to arrest. The only reason I can think of (other than the obvious racism) is that the police have an erroneous assumption of what the Castle Doctrine means and think this scenario fits in it. (That isn't an unreasonable assumption. As I said, the doctrine varies from state to state, and some states are very lenient. My Criminal Law professor - who practiced in Texas - said that there was a case where a guy fell under the Castle Doctrine after he chased the burglar down the block and shot the burglar at the edge of his property.)
I cannot figure out why the State Attorney's Office isn't pursuing charges. At a minimum, why not empanel a Grand Jury and let them decide.