Guns dot com
A Collier County, Florida, judge granted a request Wednesday for a Naples police officer who was involved in a deadly domestic dispute in July to have her gun returned to her.
Officer Luis “Dave” Monroig suffered a fatal gunshot wound, while his girlfriend and fellow officer, Sgt. Amy Young, suffered a gunshot wound to the face. The incident happened inside the couple’s Estero home on July 9.
Young, who was only recently released from the hospital and still on medical leave, was required to surrender her .40-caliber service pistol last month when Monroig’s ex-wife, Nina Diaz-Monroig, filed a restraining order against Young, citing she was in fear for the lives of her children, of whom Monroig was the father. Two of the three children were in the home at the time of the shooting, but were not injured.
According to a local Fox affiliate, Diaz-Monroig claimed Young shot Monroig before turning the gun on herself. However, authorities have yet to confirm this.
Nonetheless, the judge found no sufficient evidence that Young was a danger to the children and refused to grant Diaz-Monroig’s order of protection. Without a protective order, the courts had no legal means to hold onto Young’s firearm.
Now that's what I call a gun-friendly judge, the kind you often find in gun-friendly states like Florida.
You would think the judge would wait til he found out what happened.
ReplyDelete"Nonetheless, the judge found no sufficient evidence that Young was a danger to the children and refused to grant Diaz-Monroig’s order of protection. Without a protective order, the courts had no legal means to hold onto Young’s firearm."
ReplyDeleteAs I'm sure Laci would tell us, courts use evidence to make judgments. In this case there was insufficient evidence even under the lower standards of proof required for a civil case, which is what a protective order is.
"authorities have yet to confirm this"
DeleteThey don't know what happened, so shove the however.
Are you kidding me? She shot herself in the head and you say there's no evidence to withhold her gun????
Delete"She shot herself in the head and you say there's no evidence to withhold her gun????"
DeleteThe ex-wife wasn't there and the children didn't testify. So then the question is where the story came from.
"Circuit Judge Fred Hardt ruled there was insufficient evidence that Sgt. Amy Young, 40, was a threat to Nina Diaz-Monroig or her three children, two of whom she testified were in Young’s Estero home during an argument that ended in the July 9 death of Officer Luis "Dave" Monroig, 37. He was a 10-year police veteran.
"The court can’t speculate," Hardt said, noting that neither Young nor Diaz-Monroig’s children testified in the hearing to support her allegations that Young shot Monroig in the head and then shot herself in the face and that Young is a threat to her and her children."
http://www.naplesnews.com/news/local-news/live-updates-domestic-violence-hearing-involving-amy-young
"Diaz-Monroig declined to say whether she would reopen her petition so her children could testify. When the judge denied the permanent restraining order, that dropped a temporary injunction he’d granted last week that barred Young from going near Diaz-Monroig, her children, their schools or the spa where she works."
We'll have to wait for the results of the investigation to see what the forensic evidence show. For example, was the same gun used to kill the boyfriend and wound Ms. Young, which would support the ex-wife's version of what happened.
I wonder why the children didn't testify, them being the only living potential witnesses besides Young.
How about someone who's involved in a domestic gun fight in which the other guy ends up dead and she ends up with a bullet in the head does not get the guns back, period. That should be the default position of the courts until overwhelming evidence shows otherwise.
DeleteBut gun-friendly judges in gun-friendly states often rule otherwise.