Orlando Sentinel

An Osceola County man

- By Gal Tziperman Lotan Staff Writer glotan@orlandosen­tinel.com or 407-420-5774

was fatally shot during a confrontat­ion at his home Friday. The suspect also suffered gunshot wounds, deputies say.

An Osceola County man died Friday morning after someone who knew his wife drove through their gate and exchanged gunfire with him, Osceola County deputy sheriffs said.

Rodger Lingo, 60, was killed. Benton Clark, 75, of St. Cloud, was flown to a hospital with gunshot wounds and is expected to live, said Maj. Jacob Ruiz, an Osceola County sheriff ’s spokesman. Clark will face a first-degree murder charge when doctors release him from the hospital, Ruiz said.

The Sheriff’s Office received a report of a disturbanc­e on Cherokee Road, near Kissimmee Park Road, at 8:30 a.m. Friday, he said.

Deputies said they do not know how Clark knew Lingo’s wife or why he went to their house, Ruiz said. It is also unclear what happened before they began shooting at each another. Lingo’s wife was home during the shooting but was not injured, he said.

“This is an isolated incident, and detectives are currently not actively seeking any additional persons,” Ruiz said.

If Clark faces a first-degree murder charge, his case could be one of the first new cases to go before Orange-Osceola State Attorney Aramis Ayala’a death-penalty review panel.

She establishe­d the panel after the Florida Supreme Court ruled against her last month, saying Gov. Rick Scott had the authority to take capital cases away from her because of her blanket refusal to seek the death penalty.

Prosecutor­s will first have to determine whether there is enough evidence to charge him with first-degree murder or if another charge is more appropriat­e.

Seven prosecutor­s, one of whom will consult with each victim’s family, will look over the facts of future first-degree murder cases and decide whether to ask jurors to recommend the death penalty. The only penalties for first-degree murder in Florida are life in prison without parole or death.

Anyone with informatio­n about the case can call Crimeline at 1-800-423-8477.

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