Premeditated murder or Self-Defense?

This is a discussion on Premeditated murder or Self-Defense? within the Carry & Defensive Scenarios forums, part of the Defensive Carry Discussions category; Wondering how y'all thought this would play out. Let's say your sister is dating some low life and moves in with him. You two have ...

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Thread: Premeditated murder or Self-Defense?

  1. #1
    Senior Member Array BRTCP88's Avatar
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    Premeditated murder or Self-Defense?

    Wondering how y'all thought this would play out. Let's say your sister is dating some low life and moves in with him. You two have some disagreements, maybe even a physical altercation or two. Your sister tells you to stay out of her business. Then she shows up at your house black and blue and tells you that you were right about him.

    She asks you to get her stuff from his house. You grab your gun because, as mentioned, he's threatened or maybe even carried out violence against you. You go and he comes at you with a knife. You shoot him. Would a jury see this as murder or self-defense?
    Last edited by JD; November 15th, 2011 at 08:23 AM.
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    Member Array Aaron1100us's Avatar
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    Guessing murder. If asked to get her things out and there is concern, have the police go with you.

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    Castle doctrine and common sense prevent me from playing into your scenario.
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    VIP Member Array high pockets's Avatar
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    Quote Originally Posted by Aaron1100us View Post
    Guessing murder. If asked to get her things out and there is concern, have the police go with you.
    Quote Originally Posted by Mike1956 View Post
    Castle doctrine and common sense prevent me from playing into your scenario.
    Both of these. Let the police entertain this matter. Sister beat up, call 911.
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    Senior Member Array bbqgrill's Avatar
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    Quote Originally Posted by high pockets View Post
    Both of these. Let the police entertain this matter. Sister beat up, call 911.
    Then get her stuff while he is in jail
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    Depends on where you are at.

    We have had several cases like this over the years.

    Most of them even went to court.
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    I'm with bbggrill. Sister needs to report it IMMEDIATELY so he gets a ride to jail for domestic assault. While he's there you AND your sister go get her stuff.

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    VIP Member Array dukalmighty's Avatar
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    I'm afraid that a jury would consider the fact your sister showed up after being beaten so you grabbed your gun to go shoot him,I believe in the right to self defense,and I hate woman beaters,but you wouldn't want me on your Jury
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    Call 911 and stay out of it. What else needs to be said?
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    Distinguished Member Array GunGeezer's Avatar
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    By the fact that you picked up your gun, I would have to say you intended to shoot and would have to go with premeditated murder. Call the cops next time.

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    Almost this exact scenario played out in my family. Thankfully I live in another state so I didn't have to be directly involved but my sister called my parents saying she'd locked herself in the bathroom with her daughter and her husband was drunk and passed out in their living room after assaulting her and she was scared and needed help.

    My father took a gun (he didn't have a permit to carry for) up to the house along with my mother and while my mother and sister packed some things my father sat on the couch with the soon-to-be ex-husband until the women-folk were out of the house.

    I was pretty darned furious when I found out. There are a WHOLE lot of ways this could have gone very wrong and he put my Mom in danger as well by taking her with.

    Yes, his daughter was still in the house and felt trapped and he was going to get her and while I don't think a jury would have been too hard on him if he had to shoot my soon-to-be-ex BIL he still went about it in a VERY stupid manner... the gun, taking my mom, etc.

    If my BIL came to and they started fighting (to my knowledge my BIL does not own a firearm and it was not clear as to how my father was carrying or if he even took the firearm into the house with him) and my BIL got the upper hand and seriously hurt or killed my father then my sister, niece and mother would all have been at his mercy if they couldn't have gotten out of the house. Now he would have gone from having two hostages to three and possibly a fourth victim on the living room floor.

    They should have called the police and met them at the house. It would have gotten my sister and niece out of the house and Mom and Dad could have helped her get her stuff without fear of my BIL waking up and starting something.

    Same for this scenario.

    This is when you impart your smarts upon your sister. You tell her stuff is only stuff and you will help her get her things legally with help of police. If she doesn't want to press charges and doesn't want the police involved then she might as well say goodbye to her stuff. I'm not going over there without legal backup and plenty of witnesses.

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    Senior Member Array ntkb's Avatar
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    Getting law enforcement involved is a must in this! Going there on your own is not going to work out in your favor.
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    I'm not entering property owned by someone else without their permission, even in this scenario. Call Johnny Law and go from there.
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    "moves in with him." His house... I call 911.

    If I go, and I wouldn't; if I was armed and went, which I also wouldn't; if anything "happened," and it would; I expect to be tried for murder, but probably get off with a somewhat lesser charge.
    It could be worse.
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    Senior Member Array BRTCP88's Avatar
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    Thanks for indulging my curiosity. Honestly didn't think about calling the cops...D'oh *facepalm* I just saw my mom watching a lifetime movie with a similar plot (don't know the name.) The guy didn't take a gun and nothing happened, but it made me wonder what if. Don't know why he didn't call the cops either.
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