NBC Miami reports that a 92-year-old Florida woman has been arrested after she opened fire with her handgun on a neighbor's house after he refused to give her a kiss.
Allegedly, the accused has had a crush on her neighbor since he moved in to the neighborhood.
It is reported that the alleged victim, who is about 40 years younger than the accused, was the object of the accused's affection. As well, the accused supposedly believed that the alleged victim should be in a relationship with her.
When the accused paid the alleged victim a visit, her advances were refused. The alleged victim reportedly told the accused to leave, but she refused until he gave her a kiss. The alleged victim declined, and the accused left angry.
Allegedly, what occurred next was that the accused returned to the alleged victim's home with a gun and fired several rounds into the house.
When police were summoned, the accused reportedly told police that she had gone to talk to the alleged victim, and that even though she knew he had a girlfriend, she refused to leave until he gave her a kiss.
The accused was charged with aggravated assault and shooting into an occupied dwelling.
While this case seems strange, it is likely that the 92-year old accused woman suffers from dementia or other mental infirmities brought on by her old age. If I were her criminal defense attorney, I would have her evaluated immediately. She may need special care, such as assisted living or mental health treatment.
The problem is, aggravated assault with a firearm carries a 3-year mandatory minimum sentence. At the age of 92, it's likely a death sentence. A good criminal defense attorney should be able to negotiate on behalf of this accused woman for a resolution that includes no prison, but perhaps mental health probation and a stay-away order from the alleged victim.
I have represented clients with mental illness or drug problems. I have filed downward departure motions with judges, as well as successfully negotiated with prosecutors, resulting in favorable resolutions for my clients. Often, this has resulted in a significantly lower sentence than what the State had originally sought.
If you or a loved one are facing criminal charges and there may be mental health issues present, call me. I represent clients in criminal matters in Miami-Dade and Broward.