Room service Robbery. (Exercising the Right).Last year, Steven D. Robey, 46, and daughter Sarina, 16, moved to New Smyrna Beach, Florida New Smyrna Beach is a city in Volusia County, Florida, United States. The population was 20,048 according to the 2000 census. As of 2004, the population recorded by the U.S. Census Bureau is 21,464. , from Cape Coral Cape Coral, city (1990 pop. 74,991), Lee co., SW coastal Fla., located on an estuary of the Caloosahatchee River; inc. 1970. It is mostly a residential city that has grown rapidly along with the southern Florida area. , but they recently decided to move back. While house hunting, they were staying at a hotel in Fort Myers Fort Myers, city (1990 pop. 45,206), seat of Lee co., SW Fla., on the Caloosahatchee River, near the Gulf of Mexico; founded 1850, inc. 1905. It has a tourist trade and light industry and is a shipping point for citrus fruits, winter vegetables, flowers (especially when, at around 9 a.m. on August 24th, Mr. Robey ordered breakfast via room service as his daughter slept. When the order was late arriving, he went to the dining room for a danish and coffee, then returned to the room. Moments later, there was a knock at the door. Mr. Robey thought it was a hotel employee with the breakfast he had ordered, but instead two male strangers confronted him. One of them asked for money while the other stood off to the side. They had apparently targeted Mr. Robey as a victim while he was in the dining room. When Robey refused, and attempted to shut the door, they pushed their way into the room. Phillip C. Nelson, 42, forced Robey onto a bed and held a gun to his head. His accomplice accomplice: see accessory. , Ernest Major, 22, grabbed Sarina and began dragging her toward the bathroom. Licensed to carry a concealed firearm, Mr. Robey had a loaded .45 caliber semiautomatic pistol hidden under his pillow. He managed to reach the gun and chamber a round, then turn and open fire, striking Nelson several times. He then took aim at Major and continued firing until his gun was empty, striking his daughter's assailant in the abdomen, an arm, and a leg. Sarina ran to the hotel's front desk and had a clerk call 911. Nelson, though mortally wounded, continued to struggle with Mr. Robey before falling to the floor. He died a few hours later at a local hospital. Major was taken to the same facility, where he was listed in critical but stable condition. He was charged with attempted murder In the criminal law, attempted murder is committed when the defendant does an act that is more than merely preparatory to the commission of the crime of murder and, at the time of these acts, the person has a specific intention to kill. , attempted robbery, and felony murder The felony murder rule is a legal doctrine current in some common law countries that broadens the crime of murder in two ways. First, when a victim dies accidentally or without specific intent in the course of an applicable felony, it increases what might have been manslaughter (or (the latter because someone died during the commission of the crime). |
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