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Old September 4, 2007, 10:44 AM   #6
Doggieman
Senior Member
 
Join Date: April 19, 2006
Location: San Diego, Calif.
Posts: 717
bad shooting

Quote:
(b) The requirement imposed by Subsection (a)(2) does not
apply to an actor who uses force against a person who is at the time
of the use of force committing an offense of unlawful entry in the
habitation of the actor.
The question here is, was the keyboardist guy "committing an offense of unlawful entry" in this situation? If it turns out that the "offense of unlawful entry" doesn't take place until you've actually ENTERED, then there's a problem. Or if he was just beating at the door out of frustration.. I know I've slammed my fist into doors without necessarily trying to enter through them.

Sounds like they're not going to press charges, especially if the girlfriend had been beaten up. However, I would suggest it's NEVER wise to shoot through exterior doors. You don't know what that bullet is going to do. Hell it could hit people in their yards, or go through the front window of the neighbor across the street, you never know.

I would have no qualms about shooting someone who's just entered the house, and I personally feel that once you've broken into somebody's house you have forfeited your right to live while you're inside, but this was very irresponsible IMHO.
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