Burglary Suspect Shot By Resident Found Not Guilty

By: TPD Release, Julie Montanaro Email
By: TPD Release, Julie Montanaro Email

UPDATED 6.1.2012 by Julie Montanaro

Demetry Fain took the stand and testified in his own defense Thursday.

Public defender Justin Ward says Fain has maintained all along that he had gone to the home to sell marijuana. Fain testified that the man who lived there gave him bogus bills and the two got into argument. That argument, Fain said, ended in gunfire.

The jury deliberated for more than an hour before reaching the "not guilty" verdict.

Fain is not a free man, however. A judge previously sentenced him to 15 years in prison for violating his probation on a previous burglary charge.
UPDATED 5.31.2012 by Julie Montanaro

Court records show a jury has found Demetry Fain not guilty of burglary.
UPDATED 5.31.2012 by Julie Montanaro

An accused burglar shot in the face by a homeowner is now on trial.

22 year old Demetry Fain is accused of breaking into a house on King Street in April 2011.

The homeowner met him in the hallway and fired one shot. It struck Fain right in the chin.

Fain survived and is now on trial for burglary of an occupied dwelling.

We'll keep you posted on a verdict.

UPDATED 5.09.2011 11:30pm by Julie Montanaro

Demetry Fain has been transferred from Tallahassee Memorial Hospital to the Leon County Jail.

Fain, who is accused of breaking into a home on King Street, was shot in the face by a homeowner on April 28th.

He faces burglary and violation of probation charges.

Court records show he was transferred and booked May 5th.

His bond is set at $50,000.

UPDATE 4.29.2011 6:30pm by Julie Montanaro

A burglar gets a big surprise as a Tallahassee homeowner pulls his gun and pulls the trigger.

The accused burglar is expected to survive. Arrest papers show officers followed a trail of blood leading out the back door.

It happened at this home on King Street about 10:20 Thursday night. Police say the man who lives here was awakened to the sound of someone in his home and not only reached for his gun, but fired it.

"The intruder came through a window and into the bedroom and then
through the bedroom into a hallway. That's where the resident encountered him. The resident was in fear for his life and shot the intruder," said TPD Spokesman Derek Friend.

The man wasn't home when we stopped by, his roomate had no comment . The homeowner told police he fired his 40 caliber handgun once ... and then it jammed.

That may have been a stroke of luck for Demetry Fain who is now accused of the burglary. Friends say Fain was shot right in the face.

"He got shot in the chin with a 40, shot in the chin with a 40, went through his chest, you know, pierced his lung, so his lung is messed up. So he had to go to surgery this morning, so I just hope he don't die," said Fain's friend Mikechile Williams.

Police say Fain ran and collapsed on the front of porch of this house on Putnam Drive a couple of blocks away. Someone there called 911 and Fain was rushed to the hospital.

Fain's friend Courtney Charlton heard the gunshot and saw squad cars descend on Putnam Drive.

"It was all crazy, police helicopters everything running around," Charlton said.

Court records show Fain has done time in prison for burglary before and was still on probation when this happened.

"He was in trouble one time before for something like that so I don't understand why would he do something like that again," said Fain's friend Sheena Gautier.

Arrest papers say Fain initially claimed to have been robbed and shot and then later told police he had gone to the King Street home because the man had given him counterfeit money.

Yet officers found a busted window, a damaged door, and no proof that Fain was anything but a burglar. The homeowner won't face any charges for standing his ground.

[UPDATE] Tallahassee, Florida - April 29, 2011 - Noon -

A resident confronts a burglar in his Tallahassee home and winds up pulling the trigger. The burglar is expected to survive and the homeowner won't be facing any charges for standing his ground.

A burglar gets more than he bargained for when a homeowner pulls out his gun.

It all happened at a home on King Street at about 10:20pm on April 28. A man called police and said he'd just shot a burglar in the hallway. The burglar ran off, but police say the soon got a call from a house a few blocks away. There was a man on the porch there who'd been shot in the face. Officers say 21-year-old Demtri Fain is hospitalized and expected to live. He'll be facing burglary charges when he's released.

A quick check of Fain's record shows he's done time in prison for burglary before and was still on probation when this happened.


Tallahassee, Florida - April 29, 2011

Last night, April 28th, at approximately 10:21 PM, Tallahassee Police Officers responded to the 2400 block of King Street. The resident called 911 to report he confronted a burglar in his home and shot the intruder. While officers were making contact with the victim, another call was received from a resident in the 800 block of Putnam Drive, reporting a man was on the front porch with a gunshot wound. Officers responded to Putnam Drive and contacted the injured person, who had a gunshot wound to the face. He was subsequently identified as Demetry Fain. Officers provided medical treatment until EMS arrived, who then transported Fain to the hospital.

The on-scene investigation determined Fain broke into the victim’s home through a window. The resident heard Fain inside the home and retrieved a firearm to protect himself. The victim came face to face with Fain in the hallway of the home, and fearing for his safety, the victim shot Fain. Fain fled the residence and the victim called 911.

Fain has been charged with Burglary of an Occupied Structure. His injuries are not life threatening. He is currently at the hospital, but will be transported to the Leon County Jail upon his discharge. The victim was not injured during this incident.

Demetry Fain
B/M 10/13/1989

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  • by juror.... on Jun 3, 2012 at 07:58 PM
    Before becoming a juror myself, I thought "oh these people are nuts for letting the totmom off" but before exiting the court room the jury is given a set of guidelines that they have to follow, its not just 6 people going in a room and making a decision based on personal beliefs or feelings, a juror has to look at what the State and def provided. Fain was guilt of something that night but it wasn't burglary!
  • by Chad on Jun 2, 2012 at 08:44 PM
    If the jury found him not guilty for burglary,there is something else going on.
  • by Idiots... on Jun 2, 2012 at 08:31 AM
    ...on juries do not ONLY reside in south Florida! Those on this jury should be ashamed of themselves. Maybe THEIR homes will be this POS's next target.
  • by Durk on Jun 2, 2012 at 12:01 AM
    Black people cry racism all the time and it gets real old when the black community as a whole seems to condone thug life and rarely condemns it. I have been called cracker a hundred times and I have NEVER called a black person the equivalent epithet. It seems to be some kind of wink wink nudge nudge joke to panhandle white people like they are a walking talking ATM. What is up with that? If you took a look around you would find that most white people you run across are struggling with this economy too, and by no means is your average broke as a joke white person a part of the rich establishment trying to keep you down. Look inward and address the problems in your community before you wag that finger around.
  • by his wife on Jun 1, 2012 at 08:41 PM
    its funny how all these people want an innocent man to be killed or in prison because he made a poor decision in his past. I will pray for you all. The bible says hate the sin not the sinner. The Jury found him not guilty and if he was guilty they would have found him guilty. The news never tells you the whole story.
  • by An old Soldier Location: Taylor County on Jun 1, 2012 at 02:52 PM
    Should have been a better shot. Go for the brain.
    • reply
      by Frances on Jun 1, 2012 at 04:59 PM in reply to An old Soldier
      That's a very small target in some people.....
    • reply
      by Chad on Jun 2, 2012 at 08:43 PM in reply to An old Soldier
      This is why u struggling the way u are because of ur mind set.Please get closer to god.
  • by just the same on Jun 1, 2012 at 02:25 PM
    I'm betting that 40 to the chin hurt pretty bad. Too bad it wasn't just a few inches higher and we wouldn't have wasted taxpayer dollars on a trial...
  • by A waste of time again Location: Tallahassee on Jun 1, 2012 at 12:55 PM
    Another TPD loss. By failing to get all the facts and only use the statements which benefit the charge of burglary, who waste time and effort. It was stated from the beginning and there was ample evidence on scene that this individual had been invited into the home and then an argument. But if you use only a version of the truth or use just those statements which support one side you can try to prove the burglary charge. A waste of time again and shows us what some in law enforcement have lowered themselves to be. Another lower water mark, what will be next.
  • by Uh oh! Location: TLH on Jun 1, 2012 at 11:03 AM
    According to Florida Statutes, if the guy came in, even invited, once the owner told him to leave and he didn't, it's still a burglary.... 810.02 (1)(b)(2) Notwithstanding a licensed or invited entry, remaining in a dwelling, structure, or conveyance: a. Surreptitiously, with the intent to commit an offense therein; b. After permission to remain therein has been withdrawn, with the intent to commit an offense therein
    • reply
      by LegalWatcher on Jun 1, 2012 at 01:09 PM in reply to Uh oh!
      The jury found him not guilty of burglary.
      • reply
        by Uh oh! on Jun 3, 2012 at 07:01 PM in reply to LegalWatcher
        Who said a jury is always correct in its verdict?
  • by Dee on Jun 1, 2012 at 10:31 AM
    He went to the house to sell marijuana and entered through the WINDOW?? Come on jury! This guy has a past for burglary, isn't it rather obvious what really happened!?
    • reply
      by Anonymous on Jun 1, 2012 at 12:04 PM in reply to Dee
      The jury can't rely on what's obvious, they have to rely on the facts presented in court and guidelines that had to be followed. Also, why would a "professional" burglar break into a front window (which was not broken the screen was bent) of a house in the projects... Come on now how obvious is that!?!??
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