No charges in Fla. shooting for homeowner; 'no retreat' law cited

By Rich Phillips
CNN

(CNN) - Authorities do not plan to file charges against a Florida orange grove owner who fatally shot a 21-year-old woman, saying he is protected under the state's controversial "no retreat" law.

But the woman's boyfriend faces second-degree murder charges in her death, because the Tuesday morning shooting occurred during an alleged vehicle theft. Tony Curtis Phillips, 29, didn't fire a shot and didn't know his girlfriend, Nikki McCormick, was dead until police showed him an online news story.

Police said Phillips was accompanied by McCormick as he attempted to steal an SUV from a barn in an orange grove near Wahneta, Florida, before daylight Tuesday. Grove owner Ladon "Jamie" Jones opened fire as the SUV approached him, according to an affidavit released by the Polk County Sheriff's Office. Phillips fled; McCormick was hit and killed.

Authorities said Jones is protected by Florida's "no retreat" law, which gives him the right to use lethal force if he reasonably believes his life is in danger. Phillips, however, faces charges because police allege he was committing felony grand theft auto at the time of McCormick's death.

"Because his conduct caused her death, he gets charged with a felony," said Polk County Sheriff Grady Judd.