Victim: Benjy Young (killed)
The accused: Damian Niemeyer

Young

Benjy Young

Black male

Age at time: 19

Weapon: gun

gun

Victim photo: Palm Beach County Sheriff's Office

 
Damian_Niemeyer

Damian Niemeyer

White male

Age at time: 37

Weapon: gun

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

Did the victim initiate the confrontation?

Check

Was the victim armed?

Check

Was the victim committing a crime that led to the confrontation?

Check

Did the defendant pursue the victim?

Check

Could the defendant have retreated to avoid the conflict?

Check

Was the defendant on his or her property?

Check

Did someone witness the attack?

Check

Was there physical evidence?

Check

Source: Palm Beach Post, Jan. 17, 2012.

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Case last updated: Aug. 10, 2013