Benjy Young
Black male
Age at time: 19
Weapon: gun
Victim photo: Palm Beach County Sheriff's Office
Damian Niemeyer
White male
Age at time: 37
Weapon: gun
Case type:
Attempted theft
Location:
Outside Shooter's Property
Initiator:
Victim
Witnesses:
Yes
Case year:
2011
Location details: Shot fired from second-floor window of Niemeyer's townhouse into the street in Royal Palm Beach, Palm Beach County, on Dec. 29, 2011
What happened: Damian Niemeyer, 37, was standing at his second-floor bedroom window late at night/early morning when he heard three men outside in the parking lot. When he saw them trying to back his motorcycle into a truck, Niemeyer called 911, then yelled at them. Niemeyer said one of the men responded by pointing a gun up at the window. Niemeyer then fired his gun at the group, fatally shooting Benjy Young, 19. The other men fled the scene. The pickup truck they had been using turned out to have been stolen that evening.
The outcome: Palm Beach County Sheriff's detectives declined to charge Niemeyer saying he shot out of fear for his life.
Investigating agency: Palm Beach County Sheriff
Case decision made by: Police
Trayvon Martin’s death became controversial because circumstances leading up to the shooting cast doubt on who was to blame. The Tampa Bay Times reviewed other “stand your ground” cases for similar circumstances. The Times relied on available information, some of which may not tell the whole story. When the situation was unclear, that was noted.
| Yes | No | Unclear/ disputed |
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|---|---|---|---|
Did the victim initiate the confrontation? |
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Was the victim armed? |
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Was the victim committing a crime that led to the confrontation? |
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Did the defendant pursue the victim? |
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Could the defendant have retreated to avoid the conflict? |
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Was the defendant on his or her property? |
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Did someone witness the attack? |
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Was there physical evidence? |
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Source: Palm Beach Post, Jan. 17, 2012.
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Case last updated: July 3, 2012
