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Old January 23, 2005, 05:33 PM   #51
Derius_T
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Good or bad, for all you Rambo and Clint Eastwood Wanna-A-Be's out there, the day of shoot first and ask questions later – shoot ‘em on the porch and drag ‘em into the house – rig a trap on the basement door with a shotgun, etc., - - are gone – good riddance.

Welcome to the new "PC" (Politically Correct) world – for better or worse it’s here to stay.
You know, I just honestly don't understand these types of people. I kinda feel sorry for them in a way, because they are the ones who are victims most often for being to soft, or afraid, or ignorant to defend themselves.

Personally, if I'm asleep and someone comes into my darkened bedroom, is getting shot. They are an immediate threat to my life, and if they get past me, they could have their way with my wife and children. This is NOT going to happen, good Lord willing, be it by gun, fists, or TEETH.....

And as to your comment on name calling, thankfully I don't have to insult your intelligence, you have done that for me......
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Old January 23, 2005, 06:19 PM   #52
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Justified shooting

In my home state (Oklahoma) a law was passed aptly named the "make my day law". If someone breaks into your home while you are there you are legally justified to use deadly force on them. I was working as a homicide detective at the time. We rarely arrested someone under the circumstances described even prior to the make my day law. Manslaughter? I dont think so. Of course things vary from state to state and as expressed here opinions vary.
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Old January 23, 2005, 06:33 PM   #53
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The only thing wrong here is that the lawyers will be fighting among themselves about who to charge and why! Lawyers are a bunch of sneaky creatures some good and some bad! I hope the homeowner gets off, maybe the DA has a mind, and not looking for glory and headlines.
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Old January 23, 2005, 09:12 PM   #54
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I have two things to say,first to Chrisinva,It's better to be tried by 12 of your peers than to be carried by 6 friends and laid to rest.Now to JohnStlmo,you must have a crimminal past or have family that is, cause a break in by any at any age is a crime.That man did something no judge or laywer could ever do,he stopped the thieve from thieving anymore,and I can't feel anything for the kid.I hurt for the parents.My kids were taught from an early age to respect other peoples property as well as the person.If that would have been me I would have emptied my clip and grabbed another.I'm sorry you can't see that,mabe you know something we don't?Did you know the man or the kid?I've worked a lifetime to accumulate a few things and would die or kill to keep them,just my opinions,and opinions are like elbows,we all have more than one and lean on them too much some times.Drop-Shot
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Old January 24, 2005, 07:31 PM   #55
Guy B. Meredith
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Phil306,

I am (pleasantly) surprised by the information you gave. I had thought we are a limited retreat state. Our handgun defense instructor at Chabot Gun Club gave us info on establishing a safe fallback area and stressed the cost of legal defense so I probably saw that as a statement that the law required retreat.

That and we were told that if gangbangers walked in and did nothing more than steal your television it is illegal to use lethal force. Course I'm not sure how the home owner goes about determining whether the television is the only object of the entry.

Hmmm. What IS forceful? Breaking down the door like a home invasion or forcefully removing the door lock with a crowbar? Or both?

Personally I would assume the worst in the case of an intruder as juveniles are used for capital crimes by gangs with the idea that the juveniles are less likely to get stiff sentences. I am under the impression that the largest percentage of breakins are done by BGs on drugs. Some of these speed freaks exhibit super human abilities due to their temporary ability to ignore pain and I wouldn't want to waste time in slowing them down or in conversation to determine whether they are feaked out. Safe assumptions or not?

The law you cited says that the intruder is only liable to deadly force if they realize they have made forceful or unlawful entry. Seems the resident might be put in a postition of being responsible to determine whether the intruder has blundered in due to an overdose of merlot or is a full scale freak??

Last edited by Guy B. Meredith; January 24, 2005 at 08:40 PM.
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Old January 24, 2005, 08:35 PM   #56
InToItTRX
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The kid got what he deserved, I would not have arrested the guy either, I have actually been called on something very similar here in Arizona. The kid had ample time to grab something steal it and run, its not like the home owner went around his house looking for someone to kill, he only shot the kid when he entered the bedroom.
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Old January 25, 2005, 01:07 AM   #57
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i'd say the fact that he only fired 1 shot was evidence that he didn't intend to kill (regardless of using deadly force and shooting at shadows...)

of course, he could have been trying to empty the magazine, but using a jennings bryco or something


and I'd cut John a little slack. i don't think the homeowner should be charged of anything, but some of us seem a bit too cavalier about taking another life. i certainly would have shouted at the guy when i heard the glass breaking. i don't think it would put me in more danger and it stands a real good chance of scaring the BG off. if the BG entered the bedroom after my warning, I'd still hesitate to shoot at a shadow.

sure would suck to kill a "BG" and find out it was just a relative or neighbor coming in drunk to the wrong house. IDing a target is a good rule. Bad things happen when you break it, especially under duress
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Old January 25, 2005, 01:57 AM   #58
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The pure fact the intruder entered the bedroom is very odd, I don't know how is home is laid out, but something does not smell right.
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Old January 25, 2005, 11:17 AM   #59
Greg Bell
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I can tell you that this fellow would be fine in Georgia. My brother in law, just the other day, had a man sneak into his house. He has no gun but he is a fairly skilled jiujitsu fighter/wrester. After a judicious application of "whoop-ass," he called the cops and told them to come collect the trash. I'm sure some think he should be jailed for battery. Luckily, Georgia is pretty sane when it comes to defending one's self/home.
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Old January 25, 2005, 11:43 AM   #60
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Because of the "liberals" I have reached the point in my life, that if the neighbor is being "raped/killed" and their screams are disturbing my sleep, I might pick up the phone and call 911...because I know a liberal court will inform me while I am sitting in jail, that "I" didn't have the right to take the law into my own hands!

Therefore, in today's society, I turn a blind eye unless it is affecting me or mine!

Yes, your honor I though I "heard" something, but just figured they were watching a scary movie or something...no, your honor, I didn't go and investigate, I'm not a LEO and I'm not qualified to "get" involved.

Yes, I understand that the noise from the biker gang breaking into my neighbor's house should have raised an alarm, but at 02:30, just figured they were having some kinda party...

So, that "person" who feels that the homeowner wasn't justified in shooting a home invader, just reafirmed my decision not to get involved...so, if I happened to live next to a "liberal" and his house is being broken into I certianly wouldn't want to be the cause of so much grief...break into my house and you will discover a 357 mag. and I will pull the trigger, not once, but until there is only one moving thing in the house (myself)!
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Old January 26, 2005, 05:26 PM   #61
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Well, this thread has probably been "talked out," but as I just now stumbled onto it, I need to give an AMEN to most of the folks who realize that, accepting the few details of this case that were given, this guy had every right - legal and moral - to do what he did.
It was said many times, and I agree.....when a person breaks into someone's home at an hour where they should expect the owner to be present, he will be ready to deal with that homeowner in a violent way. The old man did nothing wrong at all by staying in his room. I seeeeeeriously doubt he was "laying in wait" for the intruder. He was most likely hoping the guy would leave!
A man's home is his castle. Special laws apply to a person's own home. The kid checked his rights in at the door.
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Old January 26, 2005, 05:52 PM   #62
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Quote by tjhands:
"The old man did nothing wrong at all by staying in his room. I seeeeeeriously doubt he was "laying in wait" for the intruder. He was most likely hoping the guy would leave!"

Old man! The guy was only 51 years old you young whipper snapper. If 51 is old I'm in deep S##T!
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Old January 26, 2005, 06:03 PM   #63
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LOL!!!

No, 51 isn't old....for some reason I was thinking he was older! Funny!
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