Hummm I like the way this DA thinks but I am not so sure he's 100 percent correct

This is a discussion on Hummm I like the way this DA thinks but I am not so sure he's 100 percent correct within the Home (And Away From Home) Defense Discussion forums, part of the Related Topics category; Not sure if the underlined part is 100 percent correct: Happened in Michigan, suspect breaks glass to gain entry, first shots in hallway outside home ...

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Thread: Hummm I like the way this DA thinks but I am not so sure he's 100 percent correct

  1. #1
    VIP Member Array TedBeau's Avatar
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    Hummm I like the way this DA thinks but I am not so sure he's 100 percent correct

    Not sure if the underlined part is 100 percent correct:

    Happened in Michigan, suspect breaks glass to gain entry, first shots in hallway outside home owners bedroom.

    Then the DA says this:

    "Authorities say the homeowner fired at the suspect as he came down the hallway, then also as he tried to flee and jump out a window. The homeowner was yelling at the suspect to "get down."

    Jaklevic said a homeowner has a right to defend himself from harm from an intruder and stop a fleeing felon.

    "It sounds like some of the shots happened when the guy was trying to exit the home, but it doesn't matter," he said.

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    RGC
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    He may not be right, but he sure as hell should be. Don't want to get shot fleeing...don't break into the house in the first place..

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    Ex Member Array azchevy's Avatar
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    Research Tennessee v. Garner 1985 for the answer.

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    Senior Member Array canav844's Avatar
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    Link to a news story accompanying this? Not that I doubt you but that I'm hungry for more facts relating to the situation.

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    An intruder may still turn and shoot back while inside my castle...I will continue to stop the threat while it is inside my castle.
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    RKM
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    Quote Originally Posted by RGC View Post
    He may not be right, but he sure as hell should be. Don't want to get shot fleeing...don't break into the house in the first place..
    I agree 100%

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    VIP Member Array TedBeau's Avatar
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    Someone asked for the link to the article:

    Here it is, your going to love the Bg's comments, "I was drunk and I think maybe I wanted to ask for a ride home" and "I don't think you cna just shoot an unarmed guy"

    Duh! 12:30 AM Break my window to gain entry into my house, you betcha I'm shooting!

    http://www.mlive.com/news/grand-rapi...ner_fires.html

    And more:

    http://www.wwmt.com/articles/intrude...ay-called.html

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    Senior Member Array ep1953's Avatar
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    Quote Originally Posted by azchevy View Post
    Research Tennessee v. Garner 1985 for the answer.
    This refers to a policeman shooting a fleeing felon outside of a house that had just been broken into. As I read it, it also only allowed for a civil judgement not a criminal conviction. This is entirely different from a home owner defending himself in his own home.

    Also from the article:

    http://www.mlive.com/news/grand-rapi...ner_fires.html

    Police think the suspect was not more seriously injured because he was wearing heavy clothing that stopped some of the birdshot. The homeowner did not return a phone message.
    Tisron, 48, was staying at the Paris Motel. His criminal past includes multiple drunken driving convictions, breaking and entering, larceny, assault with intent to do great bodily harm less than murder and auto theft.
    Tisron figures prosecutors would not consider any possible wrongdoing on the homeowner's part, given his appearance and past.
    "I've got long hair and tattoos and I just got off parole, so I'm the bad guy automatically," he said.


    The two things I get from the article is that this was just another case of a poor misunderstood drunk asking for a ride by breaking into a home. He is really a fine upstanding citizen with only a short rap sheet of a few drunken driving convictions and the odd occurrence of assault with intent of great bodily harm. How can the home owner live with himself for making such a major mistake? He should have used 00 Buck instead of birdshot.

    His rap sheet for those you are interested:

    http://www.state.mi.us/mdoc/asp/otis...cNumber=175181

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    Ex Member Array azchevy's Avatar
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    Quote Originally Posted by ep1953 View Post
    This refers to a policeman shooting a fleeing felon outside of a house that had just been broken into. As I read it, it also only allowed for a civil judgement not a criminal conviction. This is entirely different from a home owner defending himself in his own home.

    Also from the article:

    http://www.mlive.com/news/grand-rapi...ner_fires.html

    Police think the suspect was not more seriously injured because he was wearing heavy clothing that stopped some of the birdshot. The homeowner did not return a phone message.
    Tisron, 48, was staying at the Paris Motel. His criminal past includes multiple drunken driving convictions, breaking and entering, larceny, assault with intent to do great bodily harm less than murder and auto theft.
    Tisron figures prosecutors would not consider any possible wrongdoing on the homeowner's part, given his appearance and past.
    "I've got long hair and tattoos and I just got off parole, so I'm the bad guy automatically," he said.


    The two things I get from the article is that this was just another case of a poor misunderstood drunk asking for a ride by breaking into a home. He is really a fine upstanding citizen with only a short rap sheet of a few drunken driving convictions and the odd occurrence of assault with intent of great bodily harm. How can the home owner live with himself for making such a major mistake? He should have used 00 Buck instead of birdshot.

    His rap sheet for those you are interested:

    http://www.state.mi.us/mdoc/asp/otis...cNumber=175181
    So the supreme court found it unreasonable for a trained police officer to shoot a fleeing felon, what do you think they would say about a civilian? Case law. learn it before it is used against you.

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    VIP Member Array Supertac45's Avatar
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    He's a total scum bag. Too bad the victim wasn't using double OO buck.
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    Senior Member Array canav844's Avatar
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    Quote Originally Posted by TedBeau View Post
    Someone asked for the link to the article:

    Here it is, your going to love the Bg's comments, "I was drunk and I think maybe I wanted to ask for a ride home" and "I don't think you cna just shoot an unarmed guy"

    Duh! 12:30 AM Break my window to gain entry into my house, you betcha I'm shooting!

    http://www.mlive.com/news/grand-rapi...ner_fires.html

    And more:

    http://www.wwmt.com/articles/intrude...ay-called.html
    Thanks the article put it all into perspective.

    Interesting how much the guy who didn't remember what happened could provide so much detail on what happened.

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    Senior Member Array ep1953's Avatar
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    Quote Originally Posted by azchevy View Post
    So the supreme court found it unreasonable for a trained police officer to shoot a fleeing felon, what do you think they would say about a civilian? Case law. learn it before it is used against you.
    Tennessee Code Annotated 39-11-611. Self-defense. —

    I have read it and believe I have a reasonable understanding.

    And once again, the ruling you refer to was in regard to civil liability, not criminal liability. It's a shame that the SCOTUS decided to give a monetary settlement to the family of a dirt bag but such is life.

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    VIP Member Array TedBeau's Avatar
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    I just read his rap sheet, I see he also has a charge there for escaping prison, obviously another case where he was just trying to get home, and thought maybe if he scaled the fence he could thumb a ride home. Does this idiot really think the police are stupid enough to buy his bull?

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    VIP Member Array dukalmighty's Avatar
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    In Texas if he is fleeing with any of my property I can use deadly force to stop the theft,as long as he is visible and in gun range he is a threat
    "Outside of the killings, Washington has one of the lowest crime rates in the country,"
    --Mayor Marion Barry, Washington , DC .

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    VIP Member Array mcp1810's Avatar
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    Quote Originally Posted by azchevy View Post
    So the supreme court found it unreasonable for a trained police officer to shoot a fleeing felon, what do you think they would say about a civilian? Case law. learn it before it is used against you.
    Big difference between a trained police officer acting as an arm of the state who has all of the resources of the state ( back up units, K-9, helicopters etc.) and a private citizen.
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