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20 years

Guard in La Fortuna who fatally shot US teen acquitted in retrial

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October 2nd, 2013 (InsideCostaRica.com) A former security guard at a hotel in La Fortuna de San Carlos who was formerly convicted and sentenced to 15 years in prison for the fatal shooting of 16-year-old Justin Johnston, a student from Kansas, was acquitted of any blame in a retrial which concluded on Monday.

 

Johnston was part of a group of 12 students who had come to Costa Rica to learn Spanish.

 

Johnston was shot dead by the Nicaraguan security guard, Jorge Eduardo Guevara.  Guevara said he thought the boy and his friend were attempting an assault or robbery.

 

Guevara was acquitted by Judge Luis Fernando Calderon, who determined it was unwise for Johnston and his friend to have ran through the hotel grounds in the pre-dawn hours wearing backpacks, and Guevara legitimately believed the pair were going to commit an assault or attack him.

 

The judge ordered Guevara’s immediate release, and dismissed a civil action for damages brought by Johnston’s family against the owners of the hotel.

 

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  • P mattingly

    Justice Costa Rica style.

  • PublicEnemy2u

    send your kiddies to Costa Rica, most survive. Just remind them that running at night with a backpack makes them legit targets for the highly trained hotel security staff

  • kohl

    The ‘chaperones’ FAILED dismally to do what they were supposed to do.

    Within most youth groups that travel, the students are required to sign that they understand and agree to abide by the written rules of behavior and they are liable to be returned to their home base, at their own expenses if they disregard the rules, such as breaking curfew etc,.

  • Jerry

    This place is damn scary.

  • roberto

    AKA. George Zimmerman

  • Ken Morris

    This is a tragic situation all around, but my sense from the outside is that the acquittal of the guard was the right verdict. He was just a poorly-trained guy trying to do his job and can’t be faulted for mistaking kids sneaking around with thugs. I am though curious why the civil action against the hotel was dismissed. Perhaps the facts weren’t there, and I doubt that the hotel owners are bad people, but the root problem seems to be the over-reliance by businesses on poorly-trained security guards. These guys are a disaster in the making, and some verdict needs to alert the country that the over-reliance on so-called security guards is not the way to provide security.

  • Frank Castle

    This is a totally ridiculous decision by the judge.

    1. Did the boys run at the guard to attack him. NO, they ran away to get into the hotel.
    2. Were the boys armed with machetes, clubs or firearms? NO.
    3. So, deadly force shouldn’t be used, period. The guard should have at least been charged with manslaughter.

    Oh, contrast this with the Trayvon Martin/ George Zimmerman tragedy. TM ASSAULTED GZ and started bashing his head in so GZ pulled out his legal firearm and shot the attacker, TM.

    I will agree it’s unwise to be running around late at night in either Costa Rica or one of America’s violent inner cities. If in Costa Rica, check out with the hotel when you leave if you plan on staying at until the wee hours. It can save your life.

  • LivingLifeInCostaRica

    Sad as it is, WTH were the boys doing running through the grounds at PRE-DAWN hours in the first place? Did they ever determine/say if they were drunk &/or if they did not respond to comments by the guard (even if they didn’t understand his language. LOGIC would tell ME, if someone was yelling ANYTHING to me if I were doing something like they were – I’d stop to hear what they were saying)??

    When YOUNG ADULTS (16 IS that – heck, you’re “responsible” enough to drive) are RAISED PROPERLY – to know the difference between “right & wrong”, be their own people – not be followers, know not to do STUPID things, respect the rules they’ve been given – I’ll be WAYYYY LESS of this type of stuff happens in kids lives!!! Isn’t it amazing how OFTEN parents don’t want to OWN where THEY screwed up & want to pass the blame onto others.

    Chaperones are not IN EACH person’s room 24/7!! PRE-DAWN is NOT a time ANY chaperone should need to be not sleeping. So I don’t see how someone would be blaming the chaperone.

    I’m a BIG ANTI-GUN person – ESPECIALLY when they’re in the hands of an UN-trained person – so to me, shooting someone direct on to kill (vs close by them to alarm/stop them) – is NOT an answer – but these 16 y.o.’s DO get to assume a GOOD portion of the RESPONSIBILITY in the situation THEY CREATED/NEED to be ACCOUNTABLE for!!!

    Sadly, putting guns in untrained hands is growing so this type of situation IS growing also!!!!!!! Peeps – do NOT put YOURSELF potentially in harms way – whatEVER side of the fence you’re on!

    It was a VERY SAD “lesson”/CONSEQUENCE I REALLY HOPE ALL the boys & people elsewhere learned!!!

    • PublicEnemy2u

      LOGIC would tell ME, if someone was yelling ANYTHING to me if I were doing something like they were – I’d stop to hear what they were saying)??

      In the real world (where I live) most teenagers would run FASTER, not stop, especially at night

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