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Old April 21, 2002, 11:14 PM   #3
Josh Smith
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Join Date: November 5, 2000
Location: Wabash IN
Posts: 740
I would have....

.... gotten to cover and called the cops while covering the room with my handgun (or better yet, long gun).

Legally speaking, what you did could have put you in a sticky situation should you have had to shoot.

Always assume shots fired means you're gonna go before a jury. This is doubly so if you actually hit the guy.

Let's examine what may have happened in court:

Prosecutor: Mr. Johncs, will you please describe the happenings of April _st to the court?

You: (recite your post)

Prosecutor: So, Mr. Johncs, what you are telling the court is that you willfully and intentionally took the life of another human being who was not directly threatening you, when you had an avenue of retreat? Answer truthfully, I remind you you're under oath.

You: Yes.

In short, the prosector could make you to look like a cold blooded killer, intent on taking human life over over a matter of property.

What would be the jury's reaction to that?

Now, if you had dialed 911 from behind cover, the jury would see that you were simply in fear for your life and defending yourself. It would look even better if you could introduce the 911 call as evidence, as the jury could hear you telling the intruder to drop the gun/crowbar/ax/whatever.

If I'm not too clear tonight I apologize- I'm a bit tired. This is my take on the situation. Summed up it is only this: Wait for the bg to come to you whenever possible. It just looks better in court and most likely won't hang you. Retreat whenever possible and let the cops handle it if they get there in time (big if, I know). If you're not a peace officer do not intentionally go into harm's way unless you have absolutely no other choice.

Discretion is the better part of valor.

EC
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