[UPDATE] Davenport, Florida (AP) --
A 15-year-old boy is dead two days after
authorities say he and three other teens attempted to burglarize a
central Florida home.
The Polk County Sheriff's Office says Otilio Rubio, of
Davenport, was shot by the homeowner on September 21 (Tuesday evening). Rubio's family decided to remove him from life support on September 23.
Three other juveniles have been charged with burglary of an
occupied dwelling and felony murder. Under Florida law, individuals
involved in a felony that results in death can be charged with
murder, even if they are not directly responsible for the killing.
The homeowner, Jose Luis Oyola-Aponte, has been charged with
possession of narcotics.
Davenport, Florida (AP) --
A 15-year-old burglary suspect shot in the head by a Polk County homeowner remains in critical condition in a hospital.
Meanwhile, 37-year-old Jose Luis Oyola-Aponte has bonded out of
jail after being charged with possession of narcotics because
illegal drugs were found inside his home. He won't be at
Wednesday's first court appearance.
According to the sheriff's office, his wife awoke early on September 21
to the sound of a breaking window and saw two men standing in the
bedroom. Oyola-Aponte grabbed a handgun and shot two teens.
A second teen is in stable condition. Two other teens were
charged with occupied burglary and booked into the Juvenile
It's not immediately known if Oyola-Aponte will face additional
charges related to the shooting.