Charlotte Home Invasion Shooting

Charlotte Home Invasion Shooting

This is a discussion on Charlotte Home Invasion Shooting within the Carry & Defensive Scenarios forums, part of the Defensive Carry Discussions category; Interesting local story here . Originally Posted by Charlotte Observer CHARLOTTE, N.C.-- An elderly man who was tied up and robbed in his own home ...

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Thread: Charlotte Home Invasion Shooting

  1. #1
    Ex Member Array Karter's Avatar
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    Jul 2009
    North Carolina

    Charlotte Home Invasion Shooting

    Interesting local story here.

    Quote Originally Posted by Charlotte Observer
    CHARLOTTE, N.C.-- An elderly man who was tied up and robbed in his own home by four teens may face charges after police say he chased the suspects down and shot one of them to death.
    The story reads like its a legal quagmire. The legal story seems totally crystal clear to me. I'm curious what others think.

  2. #2
    Distinguished Member Array pcon's Avatar
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    Nov 2008
    San Angelo, Texas
    I voted no simply on the limited facts present. However, the article reads:

    North Carolina law allows a homeowner to defend himself against an intruder who is breaking into his home, but not necessarily one who is running away, defense attorney George Laughrun told Newschannel 36.

    Since the confrontation between the elder McClure and Fluker happened after they left McClure’s property, other factors will determine whether McClure is charged.

    The most prominent factor is whether McClure faced a threat of imminent death or serious bodily injury, said Laughrun.

    If the teen was pulling out a gun or preparing to fire when McClure shot him, the shooting could be ruled as self-defense.

    Police said at least one of the teens possessed a gun when they allegedly broke into McClure’s home, but don’t say whether they possessed the gun during the confrontation or pointed it at McClure
    that's the key...I think that will be the tipping point on if he's charged or not.
    Μολὼν λαβέ

    memento mori

  3. #3
    Senior Member Array aimhigh's Avatar
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    Feb 2007
    If the person is leaving is not consider a danger anymore...
    "You can say 'stop' or 'alto' or use any other word you think will work but I've found that a large bore muzzle pointed at someone's head is pretty much the universal language."

    NRA Member

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  5. #4
    VIP Member Array edr9x23super's Avatar
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    Jun 2006
    If they had robbed him of property and especially money, which can be of short supply for an elderly person, I would say absolutely.

    But then again, I am from Texas, where we shoot thieves even if they are robbing our neighbors' homes.....
    "Guard with jealous attention the public liberty. Suspect everyone who approaches that jewel. Unfortunately, nothing will preserve it but downright force. Whenever you give up that force, you are inevitably ruined". - Patrick Henry

  6. #5
    EdC is offline
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    Sep 2008
    Speedway, Indiana
    No. The immediate harm/castle doctrine protection, was over when the BG's left the house. Even if his story was that he followed them to get an i.d., and the BG he shot pulled a gun, the shooting wouldn't be justified, at least under Indiana law. The shooter voluntarily put himself back into a deadly situation. If he was so worried about his wife upstairs, he should have called the cops and stayed with her. What was he thinking? It looks very bad for him, and I'd be interested to what the additional facts turn out to be. I think he's screwed.

  7. #6
    Senior Member Array TucAzRider's Avatar
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    Apr 2009
    I say yes it is,.. But I know the law will not say the same thing... .

  8. #7
    Senior Member Array scgunlover1's Avatar
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    In the Lowcountry of SC
    Quote Originally Posted by TucAzRider View Post
    I say yes it is,.. But I know the law will not say the same thing... .
    Same here on your comment. If I were on the jury I would not vote to send the old man to the bighouse.

  9. #8
    Distinguished Member Array tiwee's Avatar
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    Apr 2009
    If charges are filed, the old gentleman needs to ask for a jury trial. Based upon these facts, I would have a hard time voting to convict.

  10. #9
    New Member Array TRUEFLUSH21's Avatar
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    Jun 2009
    Yea its sad that we live in a time where theives and punks end up dragging other good (albeit stupid) people down with them.
    but from a legal standpoint I think he is screwed. although pcon brought up an interesting point about how he wasn't sure if the thieves were still armed. If he is able to articulate that he was in fear of his life, he MIGHT have a leg to stand on. But I wouldn't bet on it.

  11. #10
    Member Array fox2102's Avatar
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    Feb 2009
    vestavia hills, AL
    This is why you dont mess with old people........

  12. #11
    Ex Member Array quantum36's Avatar
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    Feb 2006
    Southern Alabama
    This is one reason to always carry, even at home. Had he been carrying when they broke in..........

  13. #12
    Senior Member Array KimBobTex's Avatar
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    Jun 2009
    I wish the old man could've taken care of all 4 while in his home ... end of story!

    My wife thinks I'm crazy, but this is why I've started carrying full time around the house the last few months. Used to keep it in my night stand full time while at home, but any front-door attack into my home puts the BG between me & my gun unless I'm in bed ... not any more.

    Even thinking about 2 or 3 more guns to "plant" strategically in the kitchen & front living areas.

  14. #13
    VIP Member Array miklcolt45's Avatar
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    @ Wits' End
    Based upon the information available, no, the shooting is not legal.

    Should it be allowed? Perhaps that is a different story.
    He is no fool who gives what he cannot keep to gain what he cannot lose. - Jim Elliott

    The world is a dangerous place to live; not because of the people who are evil, but because of the people who don't do anything about it.
    Albert Einstein

  15. #14
    VIP Member Array David in FL's Avatar
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    Nov 2007
    Central Florida

    Of course not. Retaliation is not self-defense. Whether we'd like it to be, or not.

    It concerns me that of those that have answered thus far, half of the people on this forum don't understand that.
    Last edited by David in FL; August 24th, 2009 at 05:46 PM.
    "Far better it is to dare mighty things, to win glorious triumphs, even though checkered by failure than to rank with those poor spirits who neither enjoy much nor suffer much, because they live in a grey twilight that knows not victory nor defeat."

    Theodore Roosevelt

  16. #15
    Member Array steelhawk's Avatar
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    Feb 2009
    The old man may be in legal trouble, but, realistically, gang crime is out of control and increasing. The politicians have no stones, the judges are weak, and the police only get there after it has happened.

    The only way gang crime is going to be ended is with citizen action.

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