A Florida woman has been arrested after allegedly holding two teenagers at gunpoint for fishing in a pond near her home. The incident, which escalated quickly, has raised questions about self-defense laws and the use of force in protecting one’s property.
According to court documents, Donna Elkins, 59, confronted the 15- and 13-year-old boys while they were fishing behind her residence. Witnesses reported that Elkins shouted threats and ordered the teens to lie on the ground at gunpoint, leaving them terrified. A video captured by one of the boys’ uncles shows Elkins berating the teens, insisting they had no right to be in her backyard.
In the video, one of the boys respectfully responds to her, but Elkins reportedly retorts, “If someone goes in your backyard, you can blow their heads off.” The situation escalated for approximately five minutes until Elkins’ husband intervened and took the gun from her. Notably, it was Elkins who called 911, admitting to dispatchers that she had “petrified” the boys.
When deputies arrived, the teens expressed their fear for their lives, explaining that they were merely trying to fish when Elkins threatened them. Investigators later determined that the pond was approximately 30 feet away from Elkins’ property line, meaning the boys were not trespassing. Two juvenile witnesses corroborated the boys’ account, leading to Elkins’ arrest.
Elkins now faces two counts of aggravated assault and false imprisonment, charges that could carry significant penalties. Following her arrest, she was released on a $25,000 bond. Legal experts are weighing in on the case, noting that the circumstances surrounding the incident raise concerns about the interpretation of Florida’s “stand your ground” law.
Kathleen Boen Shoots, a legal expert, highlighted the drastic escalation of Elkins’ actions, questioning the justification of holding minors at gunpoint over a fishing incident. She emphasized that even if the boys had been on her property, the response was disproportionate. Additionally, she noted that the use of a pellet gun could still be classified under Florida law as aggravated assault.
Elkins’ defense may argue that she intended to scare the boys rather than harm them, but experts suggest this argument may not hold up in court. The 911 call, combined with the video evidence, could be detrimental to her case. Furthermore, even if she is convicted, Elkins may not face prison time depending on her criminal history and the circumstances of the case.
The incident also opens up the possibility of civil lawsuits against Elkins from the teenagers’ families for emotional distress or false imprisonment, regardless of the outcome of the criminal charges. As the legal proceedings unfold, the case highlights the complexities of property rights, self-defense, and the responsibilities of individuals in safeguarding their homes.
Elkins is scheduled for arraignment on Tuesday, April 22nd, as the community and legal experts continue to scrutinize the implications of her actions and the broader legal framework surrounding such incidents.