INDIAN RIVER COUNTY — One man is dead following a shooting in the early morning hours of Thursday in an incident that involved his estranged wife and a man with whom she was in a relationship, the Indian River County Sheriff’s Office said Thursday afternoon. The man who fired the gun, killing the intruder, might not be charged in the death.
“At this point, everything looks OK,” said Sheriff’s spokesman Jeff Luther about the use of deadly force against the estranged husband in this case.
Sheriff Deryl Loar agreed, noting that, based on the preliminary investigation and known evidence, the shooter, identified as Chad Mallonee, 32, appears to have been within his rights to protect himself and the woman he was with. She has been identified as 36-year-old Margaret Caban.
The Sheriff’s Office laid out what happened in the hours leading up to the shooting death of 37-year-old Gilberto Caban Jr., who had a domestic violence injunction filed against him by his wife in mid-February. Under the injunction, he was not have contact with his wife nor go to the home, located in the 100 block of 38th Court in South Vero.
Wednesday evening, just before 7:30 p.m., an eye witness saw Mr. Caban vandalize Mallonee’s vehicle, beating it with a baseball bat, according to investigators. Mrs. Caban told investigators that she heard about the vandalism and asked Mallonee to stay with her that night for protection.
Shortly around 2:30 a.m. Friday, Mr. Caban, armed with a tire iron, entered the home, using a key to get in, according to the Sheriff’s Office. An alarm was sent to a security company at the same time that Mrs. Caban called 911.
Mr. Caban then proceeded into the home and broke down the locked bedroom door, according to the Sheriff’s Office. That’s when a confrontation ensued between Mr. Caban and Mallonee, who shot Mr. Caban with a Glock, striking him four times.
When authorities arrived on scene, they found Mallonee performing CPR on Mr. Caban. Neither Mrs. Caban, nor her 12-year-old daughter who was in the home, were injured in the incident.
Sheriff Loar said that, given the known facts of the case, this incident is an example of the use of the Castle Doctrine, also known as the Stand Your Ground law, that allows residents – and in this case an invited guest – to use force to protect themselves and their property against threat.
Both Mallonee and Mrs. Caban have been extensively interviewed, according to the Sheriff’s Office. Mallonee has not been charged for the shooting death of Mr. Caban, but could if evidence or information develops that runs counter to what is currently known about the circumstances.
This article has been edited to reflect the correct days of the week. The original report was a day off. VeroNews.com regrets the error.
