Another one for the good guys
This is a discussion on Burglers try to break in home of ex-cop, ex-cop holds them at gunpoint. within the Carry & Defensive Scenarios forums, part of the Defensive Carry Discussions category; This is my wife's cousin. He used to be a cop and now works at home with his computer business. While he was at home ...
This is my wife's cousin. He used to be a cop and now works at home with his computer business. While he was at home working during the day, 2 guys tried to break into his home through the basement. As he runs outside with his gun, the guys jump in their car. For some reason, even though they had the car cranked, they complied with him when he commanded them to get out of the car and get on the ground. Pretty cool.
Another one for the good guys
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Good thing he's an ex-cop. Pulling your gun outside on fleeing suspects would land the average guy in jail.
"WHEAT RIDGE, Colo. - Admitted thieves are going free, while an elderly Wheat Ridge man is facing the possibility of spending the rest of his life behind bars, all, he says, for trying to defend his property and his life..."
The instance you cite involves shots fired at fleeing susps who were no threat, by the home owner, whole different thing.
As I posted, if the ex-cop had used the gun instead of just pointing it, it would be completely analogous. He would have been firing at suspects who were "bolting for their car"...almost by definition, suspects bolting away from you are NOT a significant threat of death or serious bodily harm. The 82-year old old man in Colorado who did so is now in danger of being sent to prison for life for going outside and shooting at thieves in a car leaving. Either way, both cases involve BGs getting away as quickly as they could.
Quick thinking and an excellent outcome for this ex-cop.
Not much will happen to these young thugs though, if they don't change their ways, they'll eventually meet the wrong home owner 'inside' the dwelling.
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I misunderstood how you were defining "using".
In the Colorado case with the 82 year old man, he made the claim of them trying to run him down a couple days after the incident. He was caught changing his story a time or two and I think there is legitimate doubt as to whether he was genuinely in fear for his life. Thus the charges filed against him.
The law gives one the right to attempt to stop people who break into your house. I am aware of no laws which state you must stand there and wave bye bye to your stuff driving off down the road.
It may be the wise thing to do, but you do have the right to use reasonable force to stop a person who is stealing your stuff.
Where shooting at fleeing burglars or robbers is a No Go in most states; Attempted murder on the homeowner by those trying to flee is a separate event and should be viewed separate from the events of the burglary.
The physical location of where of all the players involved is standing is the critical determining factor. If you are legally trying to stop them by blocking their avenue of escape, and they try to kill you because you are physically blocking their escape and you are unable to get out of the way of their speeding car, you have a legitimate case of self defense.
Now if you are standing at the side, and you shoot at them as they are driving past you, and you were not in the direct path of the car, then I believe it is not going to be a justifiable use of lethal force.
These types of incidents quickly become very complex and again, it all tends to hinge on the physical positioning of the parties involved at the time the shots are fired.
"The gun is the great equalizer... For it is the gun, that allows the meek to repel the monsters; Whom are bigger, stronger and without conscience, prey on those who without one, would surely perish."
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As mentioned above, you have the right to use reasonable force to protect your propert. Being an ex-cop had nothing to do with the legality of what happened in this case as nothing illegal was done on his part.
From what I remember from my CC class, you can hold a suspect at gun point until the cops get there, but you just wouldn't be able to actually shoot them if they did flee. My wife spoke to the ex-cop from this scenario and he even said he was very surprised that they didn't drive off b/c they were in the car already and if they had've drove off there was nothing he couldn've done.
He had the right to point his gun at them b/c they were on his property. He couldn't shoot them unless he felt his life was in danger, but he has the right to protect his property so he can point his gun b/c he would need to shoot them if they decided to harm him in order to take his property.
Also, I think you could do this if you caught a guy inside your car trying to steal it while in a parking lot. You could hold him at gunpoint until cops got there. You would still just be protecting your property.
Basically, from the point of view of what is permissible by Georgia law, the relevant facts follow: the offenders forcefully entered the home owners' home with the intent to commit a crime. Said offenders were confronted by the armed victim while still on the victim's property. Right away, Georgia castle doctrine applies. Drawing his weapon and confronting the burglars is fully covered by the law given the fact that his home was forcibly entered while he was there. The outcome for the home owner still having his freedom really has nothing to do with his former occupation.
Having said that, I personally would have done things differently. Holding people at gunpoint is not my job. Getting them to cease their criminal actions is what I aim to achieve.
Gunsandmore, I also have a FL CWP and am familiar with the provision in Florida Statutes that would punish a man for three years for pointing his weapon at some one without proper cause. We don't have a similar stipulation to deadly force use in Georgia.
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In Tx they might be leaving a blood trail for cops to follow
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