TN Deputy shot in an unfortunate event.

This is a discussion on TN Deputy shot in an unfortunate event. within the Carry & Defensive Scenarios forums, part of the Defensive Carry Discussions category; Looks like the owner over reacted and the LEO decided to break the law and tresspass on someones property late at night. Both made bad ...

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Thread: TN Deputy shot in an unfortunate event.

  1. #31
    Senior Member Array High Altitude's Avatar
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    Looks like the owner over reacted and the LEO decided to break the law and tresspass on someones property late at night. Both made bad judgements.

    Of course the deputy did not deserve to be shot but when you make the decision to go snooping around someones house late at night, you definitely increase your risk of something bad happening to you.

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  3. #32
    Member Array Augrunt's Avatar
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    Quote Originally Posted by BW113 View Post
    The homeowner should be charged with murder.

    For anyone actually trying to justify the actions of the homeowner: The penalty of Death far exceeds the supposed crime of trespassing. Some people seem to think that claiming they thought their life was in danger is a free pass to fire away. If anyone is that jittery, I don't want the nervous nellie carrying while is the same zip code as me.
    It's an unfortunate event no matter how you look at it. A young off-duty LEO made a bad judgment call. A family lost a son and a father.
    But I feel we may never get the real answers.
    How is the home owner a "nervous carrying nellie"? He was in his home, late at night , and dealt with a trespasser. By law, within his rights in TN. As for the moral and ethical questions, its a burden the homeowner will have to deal with. This event MAY affect legislation in the future since it was an LEO involved.
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  4. #33
    VIP Member Array Janq's Avatar
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    We do not shoot to kill. We shoot to stop.
    Sometimes but not always people who are shot die of the injury upon being shot, tased, hit, bit (by a protective animal) and/or sprayed.

    Unfortunate as death of a human being may be death of the person acting criminally does not obviate that persons act, as related to action by such a degree resulting in lawful and moral defense of self by he that made the wound.

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  5. #34
    Member Array mcgyver210's Avatar
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    The LEO in this case was a bad guy with backup as far as the homeowner was concerned. Don't forget the LEO entered the property by going around a gate so as far as I'm concerned he was breaking & entering IMO although maybe not in the legal since.

    I had a similar situation recently with a Repo-Thief trespassing on my property caught trying to climb a locked drive gate. He ended up being at my house because of very bad info. Either way he blocked my drive with his truck & was at least thinking of breaking & entering on my property. I didn't shoot him because he was alone & posed no real threat but I feel like the law should allow me to if I felt threatened.

  6. #35
    Senior Member Array dsee11789's Avatar
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    Quote Originally Posted by bsms View Post
    Actually, Exodus 22 reads: "2 If a thief is found breaking in and is struck so that he dies, there shall be no bloodguilt for him, 3 but if the sun has risen on him, there shall be bloodguilt for him." - ESV

    As Matthew Henry puts it: "If a thief broke a house in the night, and was killed in the doing of it, his blood was upon his own head, and should not be required at the hand of him that shed it, v. 2. As he that does an unlawful act bears the blame of the mischief that follows to others, so likewise of that which follows to himself. A man's house is his castle, and God's law, as well as man's, sets a guard upon it; he that assaults it does so at his peril. Yet, if it was in the day-time that the thief was killed, he that killed him must be accountable for it (v. 3), unless it was in the necessary defence of his own life. Note, We ought to be tender of the lives even of bad men; the magistrate must afford us redress, and we must not avenge ourselves."

    The guy in this case did NOT break in, so there were still options left. Had he threatened the homeowner's life, THEN he'd be fair game in my book - but NOT for trespassing.

    What does Tennessee law say?

    From T.C.A. 39-11-614: "A person is not justified in using deadly force to prevent or terminate the other's trespass on real estate or unlawful interference with personal property."

    Excerpts fron the Code

    Sounds to me like this homeowner has some explaining to do, and "He was trespassing" won't cut it.

    Thats just my signature. I wasn't applying it to this scenario.
    Exodus 22:2 "If a thief is caught breaking in and is struck so that he dies, the defender is not guilty of bloodshed"

  7. #36
    Member Array bsms's Avatar
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    Quote Originally Posted by Augrunt View Post
    ...He was in his home, late at night , and dealt with a trespasser. By law, within his rights in TN...
    Tennessee law does NOT allow you to kill a trespasser unless you are threatened. Since the guy was in the back yard and not the house, claiming he was a threat to the life of the owner is a bit of a stretch.

    I don't know of any state in the US that allows you to kill someone for trespassing, except for self defense. The LEO was being stupid, but we aren't allowed to kill people for that, either.

  8. #37
    Member Array wormtown's Avatar
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    In Belvidere, the cops are more than just minutes away.

    Misunderstandings are easy in the dark of night.

    The devil is in the details, none of which we are privy to.

    We can all agree, it is a tragedy.
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  9. #38
    Member Array Augrunt's Avatar
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    ARMY INFANTRY 11c

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  10. #39
    VIP Member Array paaiyan's Avatar
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    Family is filing suit.

    Family Of Slain Deputy Files Lawsuit Against Alleged Shooter - NewsChannel5.com | Nashville News, Weather & Sports

    FRANKLIN COUNTY, Tenn. - The family of a Franklin County Sheriff's Deputy shot and killed in June have filed a $10 million lawsuit against the alleged shooter.

    The family of Deputy Michael Claiborne filed the suit on Tuesday against Larry White and his wife, Delores. The suit calls the shooting "intentional, malicious, or reckless".

    The lawsuit came on the same day that a grand jury decided to not indict White on second degree murder charges.

    Investigators said Deputy Mike Claiborne had gone to Larry White's home on Rowe Gap Road on June 26 because he was interested in buying it. Police said White opened the back door, believing he was an intruder and shot him.
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  11. #40
    Distinguished Member Array SpringerXD's Avatar
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    I don't know if this has been covered anywhere publicly, but I see a real possibility that what may have added to the problem is the homeowner seeing guns drawn by either this deputy he shot or the others. Again, I haven't seen this in print or even suggested, but I think it's a safe bet that the deputies and his friends were carrying (rightfully so).

    Now, let's say that one or more of the deputies suddenly heard a noise, so they drew weapons. Meanwhile, the homeowner "knows" two things: "There are three men trying to enter my house with guns drawn."

    This is a terrible tragedy and I hate when it's one of the confirmed good guys who goes down, but I can also easily see how it happened.

    We'll eventually have more details, from the civil suit if nothing else.
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  12. #41
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    I'd imagine the report would have said something about guns on the ground or in their hands...
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