Cape arrest raises trespass questions
FOX 4 Staff
Photo: Video by fox4now.com
CAPE CORAL, Fla. - A frightening confrontation on Tuesday in Cape Coral brought back memories of a deadly shooting.
According to Cape Coral police Jeffrey Massey greeted a door-to-door salesman at his home with a handgun. He was arrested for aggravated assault without intent to kill.
The incident brought back memories of a fatal encounter a year ago when salesman Nicholas Rainey was found shoot to death in the driveway of a Cape Coral home. Kenneth Roop is charged in Rainey's death.
FOX 4 News spoke with a local attorney about the line between self defense and criminal behavior. Massey had posted signs warning people to stay off his property. Attorney Mike Chinopolis says the signs mean exactly that, no trespassing. "Once it's posted, there's a sign that says no trespassing, the law says that when you break that, you're automatically a trespasser.
Chinopolis says a homeowner is permitted by law to use "non-deadly" force to keep people off their property. He believes the charges against Massey will eventually be dropped.