Homeowner who shot two teens during suspected break-in arrested

September 22nd, 2010 by Staff

DAVENPORT — A Davenport homeowner who shot two teenagers during a suspected break-in has been arrested.

Jose Luis Oyola-Aponte, 37, was arrested and charged with possession of narcotics.

Deputies said they found the narcotics during a search of the home.
Shooting background

The shooting happened at a home in the 1000 block of Merrimack Boulevard sometime around 12:00 p.m.

According to Polk County Sheriff Grady Judd, Jose Luis Oyola-Aponte and his wife, 38-year-old Yahaira Cintron-Rivera, were sleeping when the woman heard a crash.

She woke up her husband, who grabbed his gun, rolled over and saw a masked suspect standing in their bedroom.

Judd said the homeowner then saw a second suspect crawling through the window, which was when he fired at least two gunshots.

The masked suspect, later identified as a 15-year-old boy, was shot in the face. He was taken to Lakeland Regional Medical Center, where he remains in very critical condition.

The second suspect, 16, was shot in the torso. He was also taken to the hospital, where he is in stable condition.

“We know they’re teenagers, but quite frankly when you’ve been woken from a dead sleep with a masked intruder you don’t have time to ask how old are you and are you dangerous,” Judd said. “Cause, as a victim, if you do that, you’ll be a dead victim.”

Deputies arrested two other teenagers, ages 15 and 17, who were hiding on the south side of the house. Investigators said it appeared as though those two suspects were waiting for the first two suspects to steal property from the home, then bring it out to them.

Judd said the two other suspects had initially run away from the scene, but that their families had reported them to the sheriff’s office.

He said based on preliminary information, the man shot the suspects in self-defense.

“We’re going to do a complete, thorough investigation and turn it over to the state attorney’s office,” he said. “It’s abundantly clear you have the right to be safe and secure in your home and if someone chooses to break into your home, wearing a mask, you can defend yourself and that’s Florida law.”

Three of the teens face burglary of an occupied dwelling charges. Charges have not been announced for the teen in critical condition.


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