Defense attorney: How much time did you have,

Defense attorney: How much time did you have,

This is a discussion on Defense attorney: How much time did you have, within the Home (And Away From Home) Defense Discussion forums, part of the Related Topics category; ...before you shot, to call 911? The homeowner (according to the article) shot one of three home invaders.... In this story: http://www.abc57.com/news/local/Home...220716021.html Regardless of the ...

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Thread: Defense attorney: How much time did you have,

  1. #1
    VIP Member Array oakchas's Avatar
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    Defense attorney: How much time did you have,

    ...before you shot, to call 911?

    The homeowner (according to the article) shot one of three home invaders....

    In this story: http://www.abc57.com/news/local/Home...220716021.html

    Regardless of the details of this particular shooting... If you should have to shoot your very own home invader, how would you answer the question?
    Yeah, I got tapatalk, too. So what?
    Rats!
    It could be worse!
    I suppose


  2. #2
    VIP Member Array OutWestSystems's Avatar
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    You should answer it the same way you answer all questions to police and prosecutors; "I do not answer questions, I want my lawyer".
    Arborigine likes this.

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    VIP Member Array tdave's Avatar
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    I do not have any intention of giving away my position or capabilities to some one who has broken into my house. The defense attorney's position seems heads I win tails you lose. If he had stated "I have a gun" Would this be inspiring fear and justifying violence on the part of the intruder?

    Edited mine to.
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    VIP Member Array oakchas's Avatar
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    Quote Originally Posted by OutWestSystems View Post
    You should answer it the same way you answer all questions to police and prosecutors; "I do not answer questions, I want my lawyer".
    In court? You say I want my lawyer? Hmmmm. That's an interesting tactic....

    I did correct the title. But what if it were the prosecutor asking the question?

    Yeah, I got tapatalk, too. So what?
    Rats!
    It could be worse!
    I suppose

  5. #5
    VIP Member Array Brad426's Avatar
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    Like calling 911 woulda made it all different. He still would have had to wait for the police to get there.
    I have a very strict gun control policy: if there's a gun around, I want to be in control of it.
    Clint Eastwood

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    VIP Member Array Gene83's Avatar
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    The defense is grasping at straws. They were inside the house....inside his home...
    He's not obligated to do anything. He doesn't have to call 911 or announce that he has a gun...
    It's just another silly attempt by a defense lawyer to make a criminal out of the victim of the crime...


    (1) is justified in using deadly force; and
    (2) does not have a duty to retreat;
    if the person reasonably believes that that force is necessary to prevent serious bodily injury to the person or a third person or the commission of a forcible felony. No person in this state shall be placed in legal jeopardy of any kind whatsoever for protecting the person or a third person by reasonable means necessary.
    "The superior man, when resting in safety, does not forget that danger may come." ~ Confucius

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    VIP Member Array BugDude's Avatar
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    "Not enough"
    Know Guns, Know Safety, Know Peace.
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    Senior Member Array USM1976's Avatar
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    Tell anyone..."I don't know"...you were asleep and awakened by an unknown noise...you were disoriented...the 9-1-1 tapes don't not know when you shot...it's only a recording of what you said when you called. There is no manner by which to determine exact times except for the call.
    paramedic70002 likes this.

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    Member Array F350_6's Avatar
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    I don't know... It all happened so fast... I thought they were going to kill me...

    The interesting part of the article though, is that the shooter was not the one on trial, but the actual bad guys who were being charged in the death since they were participating in the breaking and entering.

    It does bring up another interesting angle though. If you are testifying on behalf of the prosecution to help convict bad guys after you had to shoot one of them, can your testimony be used against you in a civil trial later?

  10. #10
    Ex Member Array IndianaSig's Avatar
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    This case has become well-known here. The 3 suspects broke into the home, were discovered by the homeowner, and the homeowner shot one of the suspects. The 2 surviving suspects are on trial for murder, even though they did not pull the trigger. Under Indiana law, if you are committing certain felonies that result in a death, you can be tried for murder even if you had nothing to do with the act that caused the death.

    The defense attorney is grasping for anything available.....there isn't anything. As a case to be adjudicated, this one is very simple. They're guilty.

  11. #11
    Member Array Orangeman's Avatar
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    How do some of these defense attorneys sleep at night?
    mr.stuart likes this.
    The pen may be mightier than the sword, but a .45 caliber sword on the right hip can come in pretty handy sometime.

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    I would suggest that one's recollection would be so potentially inaccurate it should never be the subject of speculation. After traumatic events memories and the time lapsed from A to B might be terribly distorted due to stress.

    Why speculate?

    There is no upside, and a lot of downside.
    BugDude likes this.


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    Quote Originally Posted by oakchas View Post
    ...before you shot, to call 911?

    The homeowner (according to the article) shot one of three home invaders....

    In this story: Homeowner testifies about fatal shooting | ABC57 | South Bend IN News, Weather and Sports | Local News

    Regardless of the details of this particular shooting... If you should have to shoot your very own home invader, how would you answer the question?
    Yeah, I got tapatalk, too. So what?
    That one is easy. When someone was trying to get in my home, I had, at most ten seconds from the time I was awakened until I was standing near the door he was attempting to enter. There was absolutely no time for me to call 911. It took my wife about forty-five seconds to get a 911 operator on the line. By then, as a result of my actions, he had retreated from the door. If he had continued through the door, he would have already been shot well before the call was completed. I did not announce to the attempted intruder that I was armed. The sheriff's deputies were there in fifteen minutes.
    "If I had my choice I would kill every reporter in the world, but I am sure we would be getting reports from Hell before breakfast."
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    1 (boom) have (boom) a (boom) gun. Simple enough.
    BugDude likes this.
    When you have to shoot, shoot. Don't talk.
    "Don't forget, incoming fire has the right of way."

  15. #15
    Member Array Voice's Avatar
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    Quote Originally Posted by Orangeman View Post
    How do some of these defense attorneys sleep at night?
    By knowing they're protecting our rights. Remember, if they get to decide that *someone* doesn't deserve a fair trial with competent and quality defense, then they can decide that for *anyone*. Even you.

    EVERYONE deserves a good defense, especially those who are obviously guilty. Shy? Because they are the thin edge of the wedge which could be used to deny that right to the rest of us.
    sdprof and Xader like this.

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