Carmine Charles Robert Falco is now serving a live sentence for sexually abusing at least six scouts over a 20-year period between the 70s and the 90s - during which time BSA was aware of the allegations against him. 

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The record indicates that appellant was employed as a child care worker for the Dade County Youth Services prior to the incident charged against him. Appellant had also been affiliated with the Boy Scouts of America in various different positions of authority and several witnesses testified as to his fine character and deep involvement in the community. Considering appellant's laudable credentials, and his extensive training, we observe, as did the California Supreme Court, the strong possibility that he would not have employed deadly force to protect himself against Brush's intrusion had he been present. Therefore, we hold that the mechanical device used by appellant was unjustifiable and unnecessary.