scenerio where you AD into the perp

[farronwolf]

This is getting way, way out there.

First your wife should not be in front of you when shooting the BG, or immediately following the shooting of the BG. That is unless your some kind of moron that told the wife, "hey go see what that noise is while I stay here with the gun". That ain't going to happen in my house.

Second, if by chance you shot someone accidentally during the commision of a crime. Generally the person committing the crime would be held responsible. This will vary from state to state I am sure.

As far as the original scenario, well if you can see the BG has a gun, you should be able to see what your doing well enough not to trip fall and put one in his noggin.

[DefensiveCarry.com]

[raytracer]

Once the assailant is down, you have no reason to approach him so that this could even happen. If you trip, it should be on your way out of the house to wait for the police to get there.

What if you AD your wife when you trip? Are you charged with murder, or the perp?

Technically, both of you could be. You, for being a negligent skillethead and ND-ing (not AD-ing) your spouse, if the DA wanted to bring charges. And, the burglar because anytime someone dies during the commission of a crime, the perpetrator can be charged with murder - say your wife had had a heart attack; extra murder charge along with the B&E.

Joe

[treksouth]

this thread is cracking me up. I appreciate everyone playing along.

[ccwchris]

You are standing near the door as he enters and you immediately notice he is armed with a pistol. You fire COM killing/wounding/whatever the intruder. Then, you stumble, fall forward onto and beside the body and AD the guy right into the head.

1st off I would not want to talk details untill I spoke with a lawyer.

2nd) pistol in hand + breath in lungs + BG in my bedroom = threat in my eyes

Did I trip and fall or did the BG trip me as an agressive act? Was it an AD or did the BG still have gun in hand and finger on trigger? Obviosly facts need to match your story but this is why I would not want to talk details untill the adreniline calmed and I talked to a lawyer. I see this as a case where actions are justified but your story could land you deep dodo.

[Captain Crunch]

I strongly advise you, or anyone else, to be very careful about accidentally shooting anyone who has ceased to be a threat.

And discussing it in an open forum.

[dukalmighty]

1st off I would not want to talk details untill I spoke with a lawyer.

2nd) pistol in hand + breath in lungs + BG in my bedroom = threat in my eyes

Did I trip and fall or did the BG trip me as an agressive act? Was it an AD or did the BG still have gun in hand and finger on trigger? Obviosly facts need to match your story but this is why I would not want to talk details untill the adreniline calmed and I talked to a lawyer. I see this as a case where actions are justified but your story could land you deep dodo.

Like he said,they can tell from trajectory at what angle the bullet was fired,but on the other hand just because a guy has been shot and is on the ground if he still has his gun and is trying to shoot you then he's a threat and you may end up having to shoot him again,is a head shot a good idea that's something you may have to defend in court as it will look like you executed him unless he's wearing body armor.When I was an Leo about 30 years ago we were told no head shots, it will really look bad

[Janq]

If you had this happen in Las Vegas or Miami and during the shifts that Gus Grissom or Horatio Caine's crew are working, then you have no worries as they would figure out what had happened anyway.
Otherwise though well tell the truth, the whole truth, and nothing but the truth...to you attorney who during the murder trial will in kind on your behalf relay same for a jury or judge to buy.

- Janq is pretty nimble on his feet and rarely stumbles muchless falls

[farronwolf]

If you had this happen in Las Vegas or Miami and during the shifts that Gus Grissom or Horatio Caine's crew are working, then you have no worries as they would figure out what had happened anyway.
Otherwise though well tell the truth, the whole truth, and nothing but the truth...to you attorney who during the murder trial will in kind on your behalf relay same for a jury or judge to buy.

- Janq is pretty nimble on his feet and rarely stumbles muchless falls

Yep, and by the end of the day you would be free to go on your way. No worries. Funny how our local PD's don't work that fast. It took our local department 3 weeks to track down the guy who burgalarized my neighbor, but hey they got him. The officer got a chuckle when we asked him if they would have the prints run and the guy in custody by the end of his shift.

I bet there are lots of crime labs that wish CSI or NCIS or those type of shows didn't exist.

[KenInColo]

I'm w/Miggy.

[Hopyard]

Wild scenario, way out. Shooting the dead corpse --assuming a heart shot first one out the pipe--wouldn't be much of a crime and wouldn't likely be prosecuted.

The Medical Examiner's determination of exactly when the perp expired might play a big role in how a case like this is handled.

Elsewhere in the thread someone mentioned ND into wife; someone else said wife shouldn't be in the way.

Hmmm, you don't know mine. "Shouldn't
has nothing to do with it. What do you do if yours is curious as h and does something goofy -like you say, "get out of this room now," and she proceeds to walk between you and perp?

Strange improbable stuff happens all the time.

Anyway, it all boils down to intent, as best the jury can figure out what the intent was. If the intent was a coup de grace and the jury thinks so, it is not going to be a nice ending for the homeowner.

[mlr1m]

Tell them the BG was a zombie and the chest shots only knocked him down. You needed the head shot to keep him down. I've used this excuse many times. The officers will thank you for your actions.

Michael

[atctimmy]

This will not be a problem for me cause he would get all six COM (minus any strays). So when he is down and I trip there will be no ND cause my gun will be empty. :)

[retsupt99]

Standing, falling, moving on the ground...the BG is going to keep attracting lead from any of those positions if he is still moving in my home...the threat will be stopped.

[MP45Man]

Standing, falling, moving on the ground...the BG is going to keep attracting lead from any of those positions if he is still moving in my home...the threat will be stopped.

Seems logical, I'm thinking possum here.

[Rusty Bouquett]

Note to self: Don't ND the perp! (Especially if he's already been put down)