Home invasion in my town. Should the homeowner have shot???

[Thanis]

I would not shoot. I don't want to take a life.

As a side note, legal fees might total around that much after the shooting (not saying it would, just saying it could). Then there are other potential legal issues (no argument on castle law etc. wanted). Just saying, you never know what the aftermath is after you shoot someone outside your home in the back. You can post all you want about cases here or there where it is within your legal right, there are just as many other factors that could work against the homeowner.

However, I hold nothing against someone who thinks they would shoot. Who wants the criminal walking around to do this again. A person should have the right to protect property.

I just value life, and would not want the criminal to meet his maker having broken a commandment. The answer, for me, is I would have shot during, but by the time the guy is leaving, just 911.

[DefensiveCarry.com]

[jumpwing]

I believe the term "forcible felony" covers the ENTIRE crime, start to finish. I'm not a lawyer, though, and I have to assume that definitions may vary by state.

Nevertheless, let's say he takes one (or five) in the back. It's going to take some work proving that the shots were fired after he was past the threshold and he didn't simply run out after sustaining the wounds while still inside the house. Generally speaking, that's not a great case for a DA to tackle because even if he wins it could end up being a PR nightmare come election time.

[oneshot]

Hard to believe that he gets into the house without getting shot several times on his entry. But if I had to, I would say hey you forgot something, as he turned around, well let’s just say he would see the error of his ways.

^^^^^^^^YEAH^^^^^^^^^^^^


Yeah, Dats it, you could nonchalantly tell the Mrs., "thank goodness he didn't get YOUR 40k in the other bedroom",,,, wink, wink, and as he storms back in, you just happen to have the shotty in hand and stoked, and you feared for the safety of you and your wife, so you ventilated the guy.

[RevolvingMag]

Bark'n, our Castle Doctrine covers to the edge of the property as well. It's just much harder to show justifiable fear for your life when he's outside the house, walking away.

[Bark'n]

Bark'n, our Castle Doctrine covers to the edge of the property as well. It's just much harder to show justifiable fear for your life when he's outside the house, walking away.

I agree. And once they flee the confines of the house, I'll let them go.

Inside the house, there is still a significant threat, whether they have their back to me or not. I still may not shoot them in the back even inside. But by the same token, I may shoot them. It just depends on what they are doing at the time. Inside the home, it's considered to be a "close quarters battle" type event and deadly things can happen in the blink of an eye.

Once they leave the house, as far as I'm concerned, the "immediate and otherwise unavoidable threat of death or serious injury" is not immediate anymore, and I am more protected inside the house with them on the outside.

But they better be bookin down the road once they make it outside of the house. If they think they are gonna reconnoiter and try and come back on me from say another side door or window, then I may take advantage of the Castle Doctrine statute extending to include the property outside my house. (Although for a simple robbery, I doubt that is going to happen).

[SamRudolph]

I just wouldn't have had $40,000 in cash lying around, and if I did, the cleaning lady sure wouldn't know about it.

[TedBeau]

I believe the term "forcible felony" covers the ENTIRE crime, start to finish. I'm not a lawyer, though, and I have to assume that definitions may vary by state.

Nevertheless, let's say he takes one (or five) in the back. It's going to take some work proving that the shots were fired after he was past the threshold and he didn't simply run out after sustaining the wounds while still inside the house. Generally speaking, that's not a great case for a DA to tackle because even if he wins it could end up being a PR nightmare come election time.

I don't know, but from what I see on CSI, (it is accurate right?) they can tell by the blood splatter where you were standing, the speed he was moving and what your wife had for breakfast.

Seriously, I think in this case the blood pattern, and the final location of any through the body shots that stike him would show if he was in or out of the house.
I suppose you could make sure to shoot him with a slow heavy 45 caliber and argue that he was ninja like and turned away from you just as you pulled the trigger.

[ontarget1911]

I would have set off my Claymore before he entered. Then give him a good raking with my MG42. If he is still breathing I would light him up with my restored M2 flame thrower. Then I would put two .45 ACP, two 10MM and two 12 ga. slug into his head. I am sure that the local police would have no prob with my claiming self defense. At least he didn't get the gold bars and 1 million in cash I had in the sock drawer.

;)

[Guantes]

I suppose you could make sure to shoot him with a slow heavy 45 caliber and argue that he was ninja like and turned away from you just as you pulled the trigger.

Not as outrageous a concept as you might think.

http://www.forcescience.org/articles/shotinback.pdf

[jumpwing]

I don't know, but from what I see on CSI, (it is accurate right?) they can tell by the blood splatter where you were standing, the speed he was moving and what your wife had for breakfast.

Seriously, I think in this case the blood pattern, and the final location of any through the body shots that stike him would show if he was in or out of the house.
I suppose you could make sure to shoot him with a slow heavy 45 caliber and argue that he was ninja like and turned away from you just as you pulled the trigger.

1. I spit coffee through my nose, thanks for that.
2. As a matter of fact, that IS what I shoot.

Blood spatter is a good tool for forensics, however it has severe limits; particularly if the bad guy is wearing clothes and I'm using a bullet that tends not to penetrate completely.

[KTCameraman]

In Texas, our Castle Doctrine extends to protecting one's property. You can absolutely use deadly force to protect your property, and 40 thousand dollars is significant "property". He would have been absolutely justified in shooting the assailant.

[oakchas]

I ain't in Texas, and I ain't 90. The OP asked what I would do... right now, if I had that $40K in the house.

If he's in the house, he's dead. If he's in the yard, after he walked out, he's dead. I got neighbors with pigs that would like such a feast. And if CSI want to sift through the pig slop, more power to 'em. Don't mean he ever made it here...

What, somebody's gonna report him missing?
He never made it here... I mean, here's the $40K... if he'da got here, he'da took, it right?

Nope, I ain't seen him... don't know him. good luck.

[Bark'n]

I don't know, but from what I see on CSI, (it is accurate right?) they can tell by the blood splatter where you were standing, the speed he was moving and what your wife had for breakfast.

Seriously, I think in this case the blood pattern, and the final location of any through the body shots that stike him would show if he was in or out of the house.
I suppose you could make sure to shoot him with a slow heavy 45 caliber and argue that he was ninja like and turned away from you just as you pulled the trigger.

Blood spatter analysis is a pretty intense science. I have a good friend who is chief investigator at a major mid-west metropolitan medical examiners office who is a member of the IABPA (International Association of Bloodstain Pattern Analysts) and testifies frequently on the subject in homicide cases.

IABPA

[oakchas]

Okay, so CSI shows up... Why?

"Well, we had a person file a missing person's report, and they said he was heading to your house, sir."
"I don't know the man, officer. Why was he coming to my house?
"The person filing the report indicated that he was coming here to rob you."
"Really, is that so? I ain't got much. What was he gonna rob me of?"
"$40K"
"Oh, THAT... Well I still got it, so he musta never made it... Pulled it outta my old bank 'cause they put up one of them gunbuster signs... And I didn't think that was very wise, so I moved my money to another bank. But I did that a couple a weeks ago, I got receipts here if you want to see 'em."
"Gunbuster sign? What's that?"
"Oh, you know... one of them red circles with a gun in the middle, like a no smoking sign."
"I see sir. "Do you mind if we come in and look around?"
"Sure, come in! Can I get y'all a cup of coffee or sumpin'?"

Cut to commercial.... Pilot for CSI IOWA... all rights reserved....

[obxned]

I don't know all the facts, but legally the homeowner probably would get in trouble for shooting the scumbag. On the other hand, he could have done Mr, Pondscun as he deserved, and problably spun the justice system out until after he was dead and gone. I know how I would have reacted,