What you say on 911 is recorded. It can and will be used against you in a court of law. My friend and publisher of numerous books on gun laws, Alan Korwin, says that in the vast majority of cases where people involved in self defense scenarios end up in serious legal difficulties, it is what they said on 911 that got them into trouble. He expounds on this in his book “After You Shoot“. In a recent case in Florida, both male participants made errors. One is dead and one has been charged.
I suspect that Robert Doyle is already regretting saying that he would put his gun to the other driver’s head. If it was not for that statement, I doubt that he would be charged. The other driver, Candelario Gonzalez, threatened to “whoop his ass” and followed him to his home. Gonzalez no longer has regrets in this life. He is dead.
It appears that if Robert Doyle had not mentioned that he was going to put a gun to the other driver’s head if the driver continued to follow him to his home, he would not have been charged. From MyFoxTampaBay.com:
“I have a truck, there’s some maniac that’s been following me, trying to run me off the road an (expletive). My gun is already out. It’s cocked and locked,” Doyle told the dispatcher.
At almost the exact same time, the wife of 44-year-old Candelario Gonzalez was on the phone with another 911 operator. She indicated her husband was also threatening violence.
“My husband wants to go whoop his (expletive),” he said.
“Well if he does that, he’ll, he’ll go to jail,” the dispatcher responded.
Both callers blame the other driver for acting aggressively.
Doyle’s made at least two more references to his gun.
“They are following me to my house. I’ll be there in 20 seconds and the guns are already out,” he said, later adding, “I’m going home and the gun’s coming out. I’m going to put it to his (expletive) head.”
In the 911 call, Robert Doyle says the driver that is following him and trying to run him off of the road, is driving a truck. In the overhead picture of the scene, the vehicle beside the truck in the driveway may well be a Kia Soul. There appear to be two children at the back of the vehicle.
Once home, Robert got out of his Kia with his gun. Candelario confronted him. Robert’s wife, on 911 says “Don’t Shoot! I have 911 on the phone!” Five gunshots are heard immediately after Robert’s wife makes the statement.
When the officers arrive, Robert Doyle’s wife says that Candelario Gonzalez would not leave and charged her husband, which is when Robert Doyle shot him.
Fox 13 reports that an unnamed witness claimed to see Candelario Gonzalez walking back toward his car (truck?) when he was shot. Some reports are saying that Candelario was driving a landscaping truck. That may be the vehicle in the street with the trailer behind it in the middle lower part of the picture.
The police are saying that Robert Doyle is the aggressor, because he told them that he had a gun and was ready to use it.
According to detectives, Doyle then held Gonzalez’s wife, daughter and grandson at gunpoint until deputies arrived. He told them he acted in self-defense.
But detectives don’t believe it and said, based on the words Doyle used in his own 911 call, it appears he was the aggressor and that’s why he’s charged with murder.
“He doesn’t come out and say I’m going to shoot this guy. He said ‘I’ve got my gun out. I’m cocked and locked and ready to go,’” said Capt. Dave DeCarlo, with the Citrus County Sheriff’s Office.
It is hard to think clearly when one is under stress and potentially under attack. Something to consider is that it is a bad idea to lead a potential attacker to your home. I was given this advice about 20 years ago by an officer of the Arizona Department of Public Safety, in a class for CCW instructors.
You do not want a potential perpetrator to know where you live. Having reinforcements at hand to help would be better.
The AZ DPS officer did not advise people to drive to police offices. He said that you could not be sure that they were open or available. He advised people to drive to fire stations. He said they are open 24 hours a day, and are used to handling emergencies. He said that the profession with the highest number of concealed carry licenses are firefighters.
Perhaps Robert Doyle wishes that he had driven to a fire station. I am sure that Candelario Gonzalez’ wife wishes that he had done so.
In both of their cases, they said too much to 911.
About Dean Weingarten:
Dean Weingarten has been a peace officer, a military officer, was on the University of Wisconsin Pistol Team for four years, and was first certified to teach firearms safety in 1973. He taught the Arizona concealed carry course for fifteen years until the goal of constitutional carry was attained. He has degrees in meteorology and mining engineering, and recently retired from the Department of Defense after a 30 year career in Army Research, Development, Testing, and Evaluation.
©2014 by Dean Weingarten: Permission to share is granted when this notice is included. Link to Gun Watch