scenerio where you AD into the perp

This is a discussion on scenerio where you AD into the perp within the Carry & Defensive Scenarios forums, part of the Defensive Carry Discussions category; The scenerio goes like this: Intruder breaks into your home. You awaken, grab iron, and the intruder walks right into your bedroom. You are standing ...

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Thread: scenerio where you AD into the perp

  1. #1
    Member Array treksouth's Avatar
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    scenerio where you AD into the perp

    The scenerio goes like this: Intruder breaks into your home. You awaken, grab iron, and the intruder walks right into your bedroom. 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.

    So, you justifiably shot him once in the chest. Would you then be charged for any reason for his head being blown off?

    This discussion, as odd as it may seem, really happened and turned into a heated discussion. I'm telling the guy that the second shot to the head would not matter. he says that in the least you'd be charged with desicrating a corpse.

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    That would depend entirely on the Prosecutor,CLEO and how they want to handle it.

    Me personally, I say it shouldn't matter, but I am not the one checking all the facts either,what I say or think is irrevelant.
    I would rather stand against the cannons of the wicked than against the prayers of the righteous.


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    You would have a tough time proving that it was an ND rather than a coup de grace. Police would assume that the second shot was done in anger and any SD scenario would go out the window.

    So... keep your booger hook off the bang stick.
    You have to make the shot when fire is smoking, people are screaming, dogs are barking, kids are crying and sirens are coming.
    Randy Cain.

    Ego will kill you. Leave it at home.
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    Even within a group that deals with improbabilities (us), this is so improbable as to border on impossible. I'd like to see a link to this case, if it actually exists.

    I, for one, would have a seriously hard time believing it was an ND, and not an execution. I'm quite sure I'm not alone in this.

    I strongly advise you, or anyone else, to be very careful about accidentally shooting anyone who has ceased to be a threat.
    A man fires a rifle for many years, and he goes to war. And afterward he turns the rifle in at the armory, and he believes he's finished with the rifle. But no matter what else he might do with his hands - love a woman, build a house, change his son's diaper - his hands remember the rifle.

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    VIP Member Array ccw9mm's Avatar
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    Quote Originally Posted by treksouth View Post
    So, you justifiably shot him once in the chest. Would you then be charged for any reason for his head being blown off?
    The powder marks/burns would clearly show the head shot as being up close and personal, as compared to the other. In situations where guilty-until-proven-innocent (as often occurs), I'm with OPFOR in believing you'd be hard-pressed to support your claim it was accidental and erasing from the minds of the Grand Jury, prosecution or jury of your peers the image of how different that last shot was.

    The one saving grace in this situation would be that it's inside the home. There's a presumption in the minds of most citizens of the right to defend yourself inside your own home. That might be enough to call a spade a spade: it was an attack against innocents inside your home; you didn't murder the attacker, you defended against him/her; you're still standing and the perpetrator of the attack is not. Beyond that are mere details, really, but the Devil's in those little buggers.
    Your best weapon is your brain. Don't leave home without it.
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    Senior Member Array sjones's Avatar
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    Two in the chest,one in the head,thats the way to be sure,who can tell when or in what order they were done.sj

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    Quote Originally Posted by sjones View Post
    Two in the chest,one in the head,thats the way to be sure,who can tell when or in what order they were done.sj
    Trajectory , angles, powder burns , blood splatter.
    I think it would be difficult to justify a "trip and shot" to a jury.
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    Member Array treksouth's Avatar
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    This is not an actual case. Just a thought a guy had here at work. I think that if I shot him in the chest at 5 feet with my .45 the ND to the top of his head would be irrelevent. Also, the perps priors and history would play into this. If the home owner didn't know the perp and the perp had prior B&E charges then you might be in the clear.

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    Quote Originally Posted by treksouth View Post
    This is not an actual case. Just a thought a guy had here at work. I think that if I shot him in the chest at 5 feet with my .45 the ND to the top of his head would be irrelevent. Also, the perps priors and history would play into this. If the home owner didn't know the perp and the perp had prior B&E charges then you might be in the clear.
    WE DO NOT SHOOT TO KILL. WE SHOOT TO STOP THE THREAT.

    You'd be mistaken. Even though he could be Hitler reincarnated, the second shot would be considered unnecessary. Again, I am not saying you popped the guy on purpose but that is the way it will come across investigators. For police, BG was down and no longer a threat and the second shot will be viewed as murder, maybe not first degree but certainly outside the scope of legitimate self defense. At a minimum you might be charged with manslaughter.

    As for the following:
    Also, the perps priors and history would play into this. If the home owner didn't know the perp and the perp had prior B&E charges then you might be in the clear.
    In how many trials have you seen that prior acts have no relevance and are not to be used during the proceedings? If you have any doubts about this, do a Google search for Harold Fish.
    You have to make the shot when fire is smoking, people are screaming, dogs are barking, kids are crying and sirens are coming.
    Randy Cain.

    Ego will kill you. Leave it at home.
    Signed: Me!

  11. #10
    Member Array treksouth's Avatar
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    Good Point Miggy.
    Just to clear things up a bit, I try my hardest to keep my finger off the trigger. I hope in this case I won't forget. Also, I'm not stepping over the body of a perp, dead or alive. I've seen too many scary movies where the guy reaches up and grabs you when you step over him. I also do not think I would only fire one round. but, again I'm talking about what I think, not what I've done.

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    Distinguished Member Array GWRedDragon's Avatar
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    There is only one thing you do after any SD situation. It does not matter if it went easily (hah) or if you screwed up big time.

    Ask your lawyer before saying anything.
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    Read some of Mas Ayoob's files about real trials that he's testified in. If you still think that "a good shoot is a good shoot" after doing so, I don't know what to tell you. Shooting someone in the head after they are down and out of the fight WILL be looked at harshly, at the very very least. "Whoops!" is not a very strong defense in a court of law...
    A man fires a rifle for many years, and he goes to war. And afterward he turns the rifle in at the armory, and he believes he's finished with the rifle. But no matter what else he might do with his hands - love a woman, build a house, change his son's diaper - his hands remember the rifle.

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    I think in the scenario you gave, you can expect to spend your life savings and probably have "Bubba" as a room mate for a LONG time.
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    Wow...this scenario is say 'mind boggling'. I think you would be hosed, if not criminally, for sure financially. I can see the prosecution: "So Mr. treksouth, why didn't you have a flashlight?"

    Rick

  16. #15
    Member Array treksouth's Avatar
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    Quote Originally Posted by bandit383 View Post
    Wow...this scenario is say 'mind boggling'. I think you would be hosed, if not criminally, for sure financially. I can see the prosecution: "So Mr. treksouth, why didn't you have a flashlight?"

    Rick
    Why would I need a flashlight? I shoot the guy, the trip on him and AD into his forehead.
    Now, this is gonna sting you. What if you AD your wife when you trip? Are you charged with murder, or the perp?

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