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August 3, 2014, 12:29 AM | #1 |
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lethal force to stop felony crime?
stumbled on a website called gunssavelives.net which purpose is to provide a repository, among other things, of real stories of guns used in self defense. But a particular article stood out, short story: single mom grabs her gun and runs outside to stop someone from stealing her vehicle. When the suspect does not comply she empties the gun into the drivers side door.
http://gunssavelives.net/self-defens...teal-her-jeep/ According to the source article no charges filed. http://www.wtvm.com/story/26124805/m...-steal-her-car My question is, how is it possible she could be allowed to use lethal force to stop a vehicle theft if she was not in jeopardy? Neither article is clear if the suspect was attempting to run over the victim, however I'm going on a limb here that if she can empty her gun into the drivers door she wasn't in a position to be ran over! I should note that I understand that media and blog reporting is not always accurate so for the purpose of my question I'm taking the referenced articles alone at face value but if someone knows more to the story please share.
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August 3, 2014, 02:07 AM | #2 |
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Depends on the state laws. It's for certain she couldn't prove Ability, Intent, and opportunity in the courts. Sometimes the police and prosecutors exercise discretion in these cases, and we'll probably never know all of the facts in the case you have brought forth. A friend of mine many years ago shot someone trying to break down his door. The guy trying to break down the door was unarmed. (years later he was shot and killed by another man) The "victim" was a known hard case, and later ended up in prison. Neither my friend,or the man who killed the guy were ever charged. As much as I hate to say it, there are just some people that this world is better off without. In some cases the prosecutors and police recognize those things and act accordingly.
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August 3, 2014, 07:08 AM | #3 | |
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http://www.cnn.com/interactive/2012/...fdefense.laws/
Georgia... Quote:
Some states recognize that lethal force may be necessary to stop certain crimes that are deemed of significance including property crimes. Often there are specific conditions pertaining to the use of lethal force, unique to each state.
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August 3, 2014, 08:14 AM | #4 |
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In this country I suspect, with a great deal of confidence, that this would not wash.
As it happens my gun licence, which can have different tiers of activities permitted is primarily a licence for self and property defence, yet I think that if someone were to shoot to prevent such a theft they'd be in deep do-do.
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August 3, 2014, 08:45 AM | #5 | |||||
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Quote:
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August 3, 2014, 09:14 AM | #6 |
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Right, details matter. The article says she ran out of the front of the house and caught the guy coming down her driveway. At that point, I am sure it will be argued or has been argued that she was in fear for her life from the thief, undoubtedly in using her own vehicle against her, at which point it would be a forcible felony.
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August 3, 2014, 09:26 AM | #7 |
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Thanks for the replies. Frank is right my question is premature in light of the ongoing investigation. I was just surprised that she wasnt arrested because I dont think being able to shoot into a drivers door one would be in a position of danger..... but we dont know all the facts the suspect could could have had a weapon who knows.
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August 3, 2014, 09:48 AM | #8 |
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I do have a question about the law as Frank cited, similar wording as in my home state but I'd rather start a new thread.
unless someone has a followup article that could add to the discussion I think it could be misleading to readers to attempt to conclude anything without all the facts. I wouldnt be offended if this was closed.
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August 3, 2014, 09:50 AM | #9 |
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Closing this is a fine idea -- before we start speculating.
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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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