Michael A Haber PA Criminal DUI Defense Litigation Miami Blog

Machete wielding Madman is Shot by Homeowner After Kicking in Apartment Door ~ Homeowner Digitally Recorded the B&E & Shooting which Proved his claim of Self-Defense

On Thursday, January 15th, 2015 Twain was sentenced to 5 - 15 years in State Prison for aggravated assault, attempted 2nd degree murder and burglary charges stemming from his February 22nd, 2014 rampage, part of which was caught on video tape by one of his victims, James Cvengros, who also happened to have been a neighbor of Twains at the time.  Of course Twain not has new neighbors, namely these guys...

So on February 22nd of last year, in a manic moment, Twain began running amok through his apartment building terrorizing his neighbors by shouting threatening words and doing do while brandishing a machete in a dangerous manner.  

Cvengros was in his apartment with his girlfriend, Kaila Gearhart, when he saw glass fly past his window from an apartment above and crash down upon parked cars.  Hearing "unusual noises" coming from upstairs he grabbed his gun and started his digital camera rolling, not imagining what it would capture.  

In short order Cvengros' door is being aggressively kicked,. so aggressively in fact that it is kicked to pieces.  

Unlike Jack Nicholson's famous entry in "The Shining" ("Honey, I'm home...) in this case after Twain's foot went through the door, the door was smashed into bits and sent flying in pieces out of the frame,


The video of Twain entering the apartment, machete in hand and doing his best Nicholson impression (the video can be seen here).

While Twain is kicking his way in both Cvengros and his girlfriend are heard on the video yelling at Twain to leave and warning him off but, as you can see, Twain was not listening to them (according to his forensic psychologist - who testified at his sentencing - he was listening to other voices... in his deranged head).  Cvengros is heard telling Twain that he had already called the police, Twain is heard confirming his intent to kill Cvengros and Gearhart and, for his efforts, or lack of restraint, Twain was shot by Cvengros.  

When the cops arrived to the destructive and bloody scene they were given the digital recording which conformed Cvengros' and Gearhart's version of events, as well as Twain's "admission" of his intent to kill, and this was a slam-dunk for the prosecution.

The "Castle Doctrine" is as old as the hills.  It essentially states that you can use deadly force, with no duty to retreat whatsoever, when violently confronted in your own home.  It is like classic "self-defense" (which can occur anywhere) only on steroids - because your home is your "castle" and the sanctity thereof provides a lawful "boost" in the self-defense realm.  The "castle doctrine" is what Florida's controversial "Stand Your Ground" Law is based upon, essentially saying that not only can you defend yourself in public but, for self-defense purposes, anywhere and everywhere in Florida is treated as if it were your home (i.e. no longer imposing a duty to retreat before defending yourself, even with appropriate deadly force).

For more than 23 years Michael A. Haber, P.A. has been providing creative, effective and zealous advocacy and counsel in cases ranging from DUI to drug trafficking and from misdemeanors to first degree murder.  

At Michael A. Haber, P.A. "Its all about reasonable doubt"!

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