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Teen shot by homeowner during alleged Polk County home invasion dies, other teens face murder charges

5:16 PM, Nov 30, 2010   |    comments
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Davenport, Florida -- A teen break-in suspect shot by a homeowner has died. Detectives will now ask that murder charges be filed, not against the homeowner, but against three other teens.

When two teenagers climbed into a Polk County man's window Tuesday, the homeowner drew his gun and shot them.

Neighbors say the man sent a clear message: "If they come here, they will get shot and they will die," a neighbor said.

Thursday evening, one of the boys did die.

Polk County deputies say the family of 15-year old Otilio Rubio removed him from life support at 6 p.m. Thursday. Investigators say Rubio already had a lengthy rap sheet, dating back to when he was just ten years old.

He was one of two boys who detectives say broke into the Davenport home of Jose Oyola-Aponte around noon Tuesday.

Two other teens were accomplices, waiting nearby, detectives said.

William Murphy, the boy who was shot during the break-in but survived, is expected to recover from his gunshot wound. He was released from the hospital and booked immediately into the sheriff's custody.

Polk County Sheriff Grady Judd says the shooting was justified. And while the homeowner will face charges for cocaine detectives say they found in his home, he will not be punished for defending his family.

"Quite frankly, when you're woken from a dead sleep by a masked intruder, you don't have time to ask how old are you, are you dangerous?" Judd said. "Because as a victim, if you do, you'll be a dead victim."

Now that suspect Rubio has died, detectives will ask that murder charges be filed.

But the charges will not come against the homeowner -- they'll be leveled against the three teenagers who survived this home invasion attempt.

The three surviving teens involved in the botched break-in are Murphy, 16, and accused accomplices Austin Clements, 15, and Zachery Garcia, 17.

All now face one count of "felony murder," which is a charge that can be filed against you when someone is killed while you are in the process of committing a felony.

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