A 15-year-old boy who broke into a Davenport home wearing a mask and was shot by a homeowner died Thursday and his three alleged accomplices have been charged with felony murder, authorities said.
Otilio Rubio's family asked that his life support be removed at 6 p.m., the Polk County Sheriff's Office said. Rubio had been at Lakeland Regional Medical Center since he was shot.
Rubio was shot after he and an accomplice broke a bedroom window Tuesday afternoon and climbed into the home, deputies said.
The homeowner, Jose Luis Oyola-Aponte, shot Rubio in the head and 16-year-old William Murphy in the abdomen. Murphy, who was discharged Thursday from Lakeland Regional Medical Center, has been charged with felony murder and burglary of an occupied dwelling, as have two teenagers who stood outside the home, Zachary Garcia, 17, and Austin Clements, 15.
Sheriff Grady Judd explained it like this. Anytime someone dies during the commission of a felony all the people involved in committing that crime can be charged with murder.
"If there's ever a classic example of how people will get you in trouble, this is it," Judd said.
All three teenagers were being held Friday at the Juvenile Assessment Center.
Murphy faced a judge Friday while his mom stood beside him crying and hoping he wouldn't have to stay behind bars.
Joyce Murphy asked if her son could be put on home detention so she could take care of him, but Judge Mark Carpanini said that wasn't possible at this point. He appointed Murphy a public defender to handle his case.
The other two teens had their court appearances earlier this week. Of the four involved in the break-in, only Rubio had a criminal record, deputies said.
Oyola-Aponte, 37, and his wife, Yahaira Cintron-Rivera, 38, weren't injured. However, investigators searched the house and found narcotics. Oyola-Aponte was arrested and charged with possession of cocaine, the sheriff's office said. He was released after posting $5,000 bail.
Judd said the drug arrest won't impact the investigation into the shooting.