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May 17, 2012, 02:24 PM | #1 |
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Join Date: November 1, 2011
Location: Near St. Louis, Missouri
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self defense shooting in St. Louis
http://www.stltoday.com/news/local/c...9bb30f31a.html
Note the skewed description of Missouri's Castle Doctrine... but other than that it is reasonably good reporting. According to the report, the self defense shooter chased the criminal out of the house and shot him. In a general sense, this is not advisable... but we do not know all the circumstances. Its a good thing the shooter had access to a firearm and was willing to make a confrontation... otherwise we might be reading about the multiple homicides of a 66 year old man, a 22 year old woman, a 19 year old woman, and a 7 month old baby girl. |
May 18, 2012, 07:44 PM | #2 |
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I am thankful to live in a state the still protects the rights of the victims to defend themselves!
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May 18, 2012, 09:23 PM | #3 |
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Sounds like it ended well
Just glad no one else was hurt.
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May 19, 2012, 01:06 AM | #4 |
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Unfortunately, Castle Doctrine-wise, I live in California, and there's no way one can chase an intruder down the street and shoot him / her and be protected by the Castle Doctrine.
Funny coincidence but I travel to STL next week for business. Last edited by Frank Ettin; May 19, 2012 at 09:59 AM. |
May 19, 2012, 10:20 AM | #5 | |
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In general, chasing the BG down the street, after he has left the premises and broken off his misconduct, would not be covered by a Castle Doctrine.
Here's the Missouri law, Section 563-031 (emphasis added): So I wonder if there's not more to the story.
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"It is long been a principle of ours that one is no more armed because he has possession of a firearm than he is a musician because he owns a piano. There is no point in having a gun if you are not capable of using it skillfully." -- Jeff Cooper |
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May 19, 2012, 10:35 AM | #6 |
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One other thing: the latest relevant jury instructions reportedly add some requirements pertaining to the defender's ability to articulate a reasonable belief of having been endangered; these are not available on-line and are quite costly, and I have not read them myself.
Which takes precedent, the black law or the jury instructions? Hint: the jury instructions have been approved by the Missouri Supreme Court. Guess who would rule on any appeal on the subject. My take on this case is that the charging authority either used some discretion or made an assessment about the likelihood of a successful prosecution. |
May 21, 2012, 01:17 PM | #7 |
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... and we don't necessarilly know the whole story. It is possible that the self defense shooter ran outside the home with no intention of shooting anyone, but once outside, one of the aggressors did something to give him reasonable cause to fear.
OldMarksman: That is very interesting information regarding jurry instruction. I was not aware of that. |
June 2, 2012, 05:01 PM | #8 | |
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Join Date: May 10, 2011
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Quote:
PC ยง9.51. ARREST AND SEARCH (b) A person other than a peace officer (or one acting at his direction) is justified in using force against another when and to the degree the actor reasonably believes the force is immediately necessary to make or assist in making a lawful arrest, or to prevent or assist in preventing escape after lawful arrest if, before using force, the actor manifests his purpose to and the reason for the arrest or reasonably believes his purpose and the reason are already known by or cannot reasonably be made known to the person to be arrested. You quoted the Missouri Law for the Castle Doctrine. Unless the homeowner is protected as doing say a citsen's arrest, if Missouri has one, I don't see how come he is not in jail now, unless the prosecutors just don't want to file charges against him. |
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June 2, 2012, 05:06 PM | #9 | |
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Quote:
And that's not usually the case. |
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