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Owner's fatal shooting of burglar ruled justifiable

State attorney's review doesn't address injunction prohibiting homeowner from having gun

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JACKSONVILLE, Fla. – The State Attorney's Office has found that a homeowner's use of deadly force in the fatal shooting of a burglar on Jan. 24, 2014, was justifiable, despite the fact that the owner was restricted from having a gun.

According to the homicide report, Michael Acord, 59, shot and killed  20-year-old Darren Johnson, described by police as a transient, as Johnson was coming out a bedroom window of Acord's Aubrey Avenue home in Northwest Jacksonville.

Acord told investigators that he did not see that the intruder had a weapon, but the lights were off and it was dark.

"He stated he got the gun to protect himself and was scared when he was startled by the intruder in the house. He stated he had to protect himself and his property," the report says.

DOCUMENT: State Attorney's Office review of justifiable homicide

Johnson was taken to a hospital, where he died.

The Jacksonville Sheriff's Office did not arrest that night as the detective believed the shooting to be justifiable, but Acord was later charged with a misdemeanor violation of injunction for having a firearm.

Acord did not live in the home, but owned the property and was concerned about previous break-ins at the house. He told police that he had borrowed the 12-gauge shotgun that he used to shoot Johnson from a neighbor to protect his house.  Acord also said he had nine additional firearms in his home.

The state attorney's ruling of justifiable homicide, signed off on by Assistant State Attorney John Guy, cited Florida law that allows citizens to use deadly force if they have a "reasonable fear of imminent peril," but did not mention the firearms injunction.