MILTON — A man who authorities say shot an armed intruder on his front porch in October will not face charges after the State Attorney’s Office concluded the man’s actions were protected by the stand your ground law.
The State Attorney's Office announced in a press release Wednesday that the actions of Michael Patterson of Bent Tree Road in Milton early Oct. 21 were “reasonable and justifiable under Florida’s Stand Your Ground Law.”
“No criminal charges will be filed,” the release said. “No further action will be taken by the State Attorney’s Office.”
According to a report accompanying the press release, investigators determined through several witness interviews that Patterson was asleep on his couch about 12:30 a.m. when he was awakened by screaming and banging on his front porch near the door. His elderly parents and 16-year-old son were also in the home at the time, the report said.
The man at the door was 39-year-old Marcus Indigo Mulinix, also of Milton. Patterson and Mulinix had gone to grade school together but had not seen each other since then and were virtually unknown to one another.
Patterson approached Mulinix at the door but could not understand what he was saying. Mulinix then began shaking the door knob and trying to enter the home. Patterson’s elderly mother woke up and dialed 911.
Patterson went to a bedroom and retrieved a 30-30 rifle, stepped out the back door and walked around to the front of the house. He saw Mulinix in his front yard holding a baseball bat and trying to get into his home. Patterson yelled at the man to stop, but instead Mulinix “raised the bat and began to walk towards Patterson,” according to the report
Patterson fired one shot that struck Mulinix,who fell back against the front door across the threshold.
Patterson’s brother, Jeffery Booth, arrived just after the shooting and the pair administered first aid until authorities arrived at 12:39 a.m. and took over. Mulinix was placed in an ambulance but died on his way to the hospital.
The medical examiner concluded Mulinix died from a gunshot wound to the chest.
The State Attorney’s Office, which noted in its report that Santa Rosa County sheriff's deputies found an aluminum baseball bat and metal pipe next to Mulinix’s body, concluded Patterson’s use of force was justifiable under five Florida statutes pertaining to the Stand Your Ground law. The law states, in part, that “a person is justified in using or threatening to use deadly force if he or she reasonably believes that using or threatening to use such force is necessary to prevent imminent death or great bodily harm to himself or herself or another or to prevent the imminent commission of a forcible felony.”
Investigators said Mulinix was committing burglary by trying to enter the home armed with a bat and a pipe. He also was committing aggravated assault by walking toward Patterson with the baseball bat. Prosecutors said Patterson had “well-founded fear ... that violence was about to take place and Mulinix had the apparent ability to carry it out.”
Assistant State Attorney James Parker concluded Patterson would not be charged.