CAPE CORAL, Fla. -- Fox4 taking a deeper look into the murder of a Cape Coral woman police say was stabbed to death at the hands of her boyfriend
Cape Coral Police Department responded to a call at the victim's apartment a month before the murder took place, but police claim they didn’t make an arrest because the dispute wasn’t considered domestic violence.
“They need to know the law book backwards and forwards in order to make those decisions for when they get into those types of situations,” said Dr. Dave Thomas, FGCU Professor and certified law enforcement expert.
Dr. Thomas says Cape Coral Police Department had jurisdiction to arrest Kyle Patrick Orr the night of May 8th when Jessica Landor called for help.
According to Florida Statute 901.5, an officer can arrest without warrant when they have cause to believe that person has committed an act of domestic violence or dating violence —the decision to arrest shall not require consent of the victim.
"The victim explained that she had been choked by the suspect. She also had been tied up at the ankles, and tied to the suspect, said Sgt. Allan Kolak, Cape Coral Police Department.
In a press conference Monday CCPD saying an arrest wasn't made because Landor didn't press charges.
"They never had children together, they also never lived together. Therefor by statute, not a domestic violence," said Sgt. Kolak.
“It’s still considered part of domestic violence because you are a couple, established as a couple, and the crime is inter partner violence,” said Lianna Calderin, Mental Health Counselor, ACT.
Abuse Counseling and Treatment Facility or ACR has emergency shelters, safety planning, counseling, and other services free of charge to help victims, “whenever they come to us, they are better equipped and more prepared to face the changes, they are going to be experiencing by leaving an abuser.”
Calderin says act helped more than 2,563 victims of domestic abuse across lee county in 2018 and 753 of them used the shelter's emergency shelter services.
“You don’t have to wait until it actually happens to you to find out what the end result could be,” said Calderin.
If you are subject to domestic violence, ACT has a 24-hour hotline that you can call, 239-939-3112.
Fox 4 reached out to CCPD asking them about Florida Statue 901.15. The agency has yet to respond.
Kyle Patrick Orr is being charged with second degree murder in the death of Jessica Landor.