Documents
CCSO
- Name: Misener, Sterlin
- Charge: CAPIAS/POSS SHORT-BARRELED SHOTGUN
- Residence: Naples
- Age: 45
- Occupation: Owner
- Case #: 10CF000059A
Follow this case online: Collier County Clerk of Courts
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This gallery is compiled by the Naples Daily News staff from written reports by Naples police, Collier Sheriff‘s Office, Marco police and other agencies. Arrests indicate suspicion of crime, not guilt. To report a crime or suspicious activity in your neighborhood, call the Naples Police and Fire Department at 213-4844, the Collier County Sheriff’s Office at 774-4434 or the Marco Island Police Department at 389-5050.
91 Willoughby Drive
NAPLES — A Collier County man who was involved in the March shooting death of a teenager during a possible burglary of the man’s Willoughby Acres home has been jailed on a charge of possessing a short-barreled shotgun.
Collier County jail records showed Saturday that Sterlin Misener, 45, was arrested on a warrant when he turned himself in Friday at the Collier County Sheriff’s Office station in East Naples.
Misener listed his address in the Friday arrest report as the 3000 block of Seventh Avenue S.W. in Golden Gate Estates.
The arrest report doesn’t specifically say that the warrant is related to the shooting death that occurred around 4 a.m. on March 20. A copy of the arrest warrant wasn’t immediately available.
Misener shot and killed 19-year-old Patrick Hutchison with a sawed-off shotgun after reports say he caught the teen exiting the family’s camper that was parked in the driveway at 91 Willoughby Drive in the North Naples subdivision.
Misener’s bond was set at $5,000.
The arrest report said the Sheriff’s Office contacted Misener, owner of Sterlin’s Building, and he was booked into the jail around 5:45 p.m. Friday after he turned himself in on the arrest warrant.
The March break-in wasn’t the first at the Willoughby Acres home.
In October 2008, two young men wearing black masks aimed a gun at him after breaking into his home and binding his wife with plastic ties, then ordered him to his garage.
No shots were fired during that October 2008 invasion and deputies arrested three of the four alleged robbers that night after receiving a 911 call from the Miseners’ teenage sons.
Although one teen involved in the break-ins called the Miseners’ home a “grow house,” sheriff’s investigators said at the time they investigated the allegations and found no evidence to back the claims.
“It is not a drug house or a house in which drugs are sold,” Misener’s Naples attorney, Jerry Berry, told the Daily News in March. “I have no idea why people start rumors, but there is absolutely no evidence to support the rumors. The Sheriff’s Office has investigated this and found no evidence to support the rumors.”
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Comments » 34
beetlejuice writes:
Right to bare arms...YES! Right to bare arms witha sawed off shutgun in Florida....Uuuuhmm git yerself a good attorney.
frustratedwriter writes:
crazy eyes
personalj writes:
Should have set up a trust and given your $200 to the ATF for a tax stamp, then your shotgun would have been fine. The 1934 NFA is one of the dumbest laws in existence.
CTinFL writes:
I was under the impression that all sawed-off shotguns were illegal, but after seeing your post, I did some reading on the subject. How stupid. Anyone can saw off a shotgun barrel, pay $200 for a "tax stamp" to the ATF, and then it's perfectly legal? Makes no sense at all.
So, this guy is in jail on weapons charges because he didn't pay the $200 to the ATF to make his gun legal after he sawed off the barrel? So incredibly dumb.
nosebreather writes:
Interesting, the 3 defendants in the home-invasion case go to trial this month.
Keats writes:
The important question seems to be, was it really necessary to kill the kid?
Citizen_239 (Inactive) writes:
Well, I imagine if someone had broken in before and tied your wife up and aim'd a gun at you .. you would be more apt to squeeze the next time around.
titanbite writes:
Under the National Firearms Act (NFA) it is illegal for a private citizen to possess a sawed-off modern smokeless powder shotgun (a barrel length less than 18 in. or 46 cm and an overall length less than 26 inches) without a tax-stamped permit from the Bureau of Alcohol, Tobacco, Firearms and Explosives, which requires a background check and a $200.00 fee for every transfer. However, if the weapon was manufactured by a licensed builder, with a short barrel and no stock, the transfer fee is $5. As with all NFA regulated firearms, a new tax stamp must be purchased before every transfer. Inter-state transfers must be facilitated through a Class III Federal Firearms Licensed (FFL) dealer while intrastate transfers may be between two persons.
ratsnake writes:
No that's not the important question. It's not a question at all. This guy is not a cop, he's not trained in combat or in life-or-death decision-making. It's naive to think that someone in his situation could or should make a robot-like split second decision over the necessity of taking the kid's life. It's easy to question this guy's actions while we sit at our computers with a cup of coffee and 20/20 hindsight.
swampbuggy writes:
He made a split second decision to go hide the illegal weapon and brought out another he claimed to use.
jrhnparadise writes:
YES, He tried to pass off a 410 shotgun, that morning My opinion is he was aware of what he was doing and why. Obstruction of Justice?? Shortly after the murder of Patrick Hutchenson a man in Estero shot a black bear in his yard, and was indicted by the Grand Jury for his actions. Reports state man should have stayed in his home and called the police. Why does this not apply to this POS?
TSOL writes:
Stupid move on his part to use an illegally owned sawed off shotgun and then tried to hide the fact from the S.O.. Had he used any other firearm that was legal he wouldn't be facing any charges.
zo6fun writes:
maybe the pos that broke into his property should have stayed home. he'd still be breathing
ricky369 writes:
Ok. I agree with the charges and throwing him in jail IF found guilty. But lets stop talking about "the kid". He was 19 years old, an adult.
ah88 writes:
I knew Pat and was just a few years older than him. He was a nice kid. I lived in the same neighborhood with both families, and after knowing what the Miseners have been through in the past, I myself would have done the same thing. Its a shame what happened to Pat, my heart does go out to his family, but if my family was held under gunpoint, and tied up; I wouldnt have second guessed to shoot!
NaplesOutlaw writes:
Are you suggesting we ask the lawbreakers their age before taking action to protect life and property?
torah101 writes:
Awe geez you got the berry patch. Good luck, slim pickins
Zoey writes:
This is the most astute post of the day, and from a dude who knows his way around firearms.
Zoey writes:
Oh, really? Is that precisely what he was doing in your world?
ZhuZhu writes:
I see no problem killing people who invade your home. Your driveway doesn't quite make the muster for a shotgun blast to the face of an unarmed teenager. Or back, I wasn't there. What's most lame about this tragedy is the time it took for authorities to submit this nonsense charge that the weapon was short. This is murder, at least in someone's definition. Let a jury decide.
kidsay writes:
I'm thrilled he is finally getting charged for something. The boy broke into his travel trailer not his home and the idea that the man had drugs has never been talked about again. This man sawed off his shotgun for what reason in the first place???? He should be in jail!!!!
beetlejuice writes:
Good attorney...or he'll be forever guuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuilty.
beetlejuice writes:
I see no problem killing ppl who invade your home hhmmmm...BUT kid was in shooter's stupid trailor. His trailor????? WTF is he thinking? He was protecting something? He was NOT thinking. Dunno.
brighteyes writes:
I agree with you totally. I was counting the months (almost a year) it took for charges to be brought. As for this "kid" being an adult at 19, I have two sons who are now 23 and 21. As I watched my sons and their friends grow up, when they were 19, they were still very immature and I would have had a hard time calling them "adults." Even though I was very proud of them, they thought they knew everything just as we did way back then even though we really knew very little as far as life is concerned. Certainly, this young man should not have been where he was or doing what he was doing; however, I do believe Mr. Misner could have stayed in his home and called the authorities. I, for one, would never want to kill a stupid, lost, young man that would hopefully grow a brain one day and straighten out. I also think that it is very strange that this home was previously targeted and robbed with the underlying reference to drugs in this residence.
missymoo writes:
My feelings exactly, brighteyes. You are right on the money with your final sentence.
Just_a_thought writes:
Arrested him on the technicality... I guess giving the cops your old single shot would beat handing over anything nicer...or not so "legal".
cyprus writes:
let's look at the facts. the man used a firearm to stop a forcible felony. The fire arm used was not legally possesed. If that weapon was not used, another one could/would have been used as apparently more were available since an alternate was produced to LEO. He was already commiting a felony by simply possesing the short barreled weapon without the proper paperwork. I can't find specific reference regarding the use of an illegally owned weapon, only illegal use of any weapon.
Carefully note the wording of section 3) below. It seems that justifiable use of force no longer applies due to the posession felony. If the posession charge sticks, that could change things a lot.
CRIMES Chapter 776
JUSTIFIABLE USE OF FORCE
776.08 Forcible felony.--"Forcible felony" means treason; murder; manslaughter; sexual battery; carjacking; home-invasion robbery; robbery; burglary; arson; kidnapping; aggravated assault; aggravated battery; aggravated stalking; aircraft piracy; unlawful throwing, placing, or discharging of a destructive device or bomb; and any other felony which involves the use or threat of physical force or violence against any individual.
Title XLVI
CRIMES Chapter 776
JUSTIFIABLE USE OF FORCE
776.013 Home protection; use of deadly force; presumption of fear of death or great bodily harm.--
(1) A person is presumed to have held a reasonable fear of imminent peril of death or great bodily harm to himself or herself or another when using defensive force that is intended or likely to cause death or great bodily harm to another if:
3) A person who is not engaged in an unlawful activity and who is attacked in any other place where he or she has a right to be has no duty to retreat and has the right to stand his or her ground and meet force with force, including deadly force if he or she reasonably believes it is necessary to do so to prevent death or great bodily harm to himself or herself or another or to prevent the commission of a forcible felony.
truplaya7272 writes:
Naples is having a huge problem with all these highschool kids doing drugs and acting like they are hard and going around and robbing houses and what not. I dont care what your age is, if any kid or adult ever enters my home and puts me or my family at risk i wouldnt hesitate 1 second to blow them away. These blasted parents need to get a hold of there kids before they end up in a grave. These punks need to be warned and told they arent gansters, and they need to get a job and be real MEN.
personalj writes:
Machine guns need to be manufactured before 1986 for you to purchase one unless you are a Class 3 dealer. The cheapest are generally UZIs and they sell for $8,000+, an actual M16 rifle is in the ballpark of $26,000.
Just_a_thought writes:
When you hear a bump in the night, or a thud in your garage, shed, or trailer. And, you feel your life is in danger and in harms way...You have a right to self-protection and self-defense... if the crooks, robbers, and drug addicts who rob and steal, violate and trespass, were shot at --- and shot--- more often, then being a criminal would be too risky.
MacGumbo writes:
Spock writes: why not just shoot him in the legs
Because he won't be shooting at yours.
My uncle's neighbor in Georgia shot a burglar in the thigh and after the burglar had fallen he shot the neighbor in the chest and then hobbled off. The cops and medics arrived and the neighbor told them what happened. He died before they got to the hospital.
Six years and they still don't know who killed him.
I'll shoot at the chest and I'll shoot several times!
Zoey writes:
If Misener is this trigger-happy, I certainly wouldn't drop in unannounced at his house if I were his neighbor. I wouldn't even give him his mail if it had been mistakenly delivered to my house.
Tell me this situation wouldn't have ended better if Misener had simply pointed the weapon at the kid coming out of his trailer in the driveway and said, "Get the f..k out of here, kid."
If he'd done so, instead of pulling the trigger so quickly, right now the 19 year old could be a freshman at FGCU, looking forward to a college basketball game next weekend.
Shame on you, Misener. I'm glad I won't have to live with your memories.
personalj writes:
The 19yr old wasn't smart enough to even get into technical college. Gee, maybe if he was smarter he wouldn't be breaking into people's property, last time Misener had that happen his wife got tied up.
MacGumbo writes:
Zoey writes: Tell me this situation wouldn't have ended better if Misener had simply pointed the weapon at the kid coming out of his trailer in the driveway and said, "Get the f..k out of here, kid."
And if the "ADULT" was armed then Misener might be dead.
Use your head, you can't give any space to these thugs or they could take your life and rape your spouse and children and then leave them dead!
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