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Old May 13, 2012, 12:32 PM   #10
Senior Member
Join Date: April 28, 2000
Location: Mississippi
Posts: 705
IMO, there are several things about this case that smell funny. I consider the garage as part of the living space of the home (especially when the wife is ticked-off). I’m assuming there would be no difference between going to a closed garage and any other room the house. Leaving the room where the confrontation occurred was the sticking point.

Castle doctrine doesn’t apply when both parties have a right to be in the castle… And … Stand your ground applies inside the house with respect to those having a right to be there … but … each separate area of the house becomes "different ground". Stand your ground doesn’t apply if you’re advancing, only defending … so … she needs a legally justified reason to advance.
The warning shot was a stupid move, and carries a stupidly high sentence, but doesn’t enter the argument for/against justification.

Why the claim of advancing to defend the kids was apparently not made is curious… I suspect th+ere’s a lot more to the domestic side of the story than has been reported. Also suspect the kids might contradict that story.
Keep smiling ... it'll just make 'em wonder what you're up to...
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