Would-be Home Defense Shooting In Huntington, WV Results in Murder Charge

Would-be Home Defense Shooting In Huntington, WV Results in Murder Charge

This is a discussion on Would-be Home Defense Shooting In Huntington, WV Results in Murder Charge within the Home (And Away From Home) Defense Discussion forums, part of the Related Topics category; A shaky shooting from start to finish. It appears a resident fired through the front door of a home at an intoxicated, naked man who ...

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Thread: Would-be Home Defense Shooting In Huntington, WV Results in Murder Charge

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    Would-be Home Defense Shooting In Huntington, WV Results in Murder Charge

    A shaky shooting from start to finish.

    It appears a resident fired through the front door of a home at an intoxicated, naked man who was attempting to enter. He then went outside into the street and fired more shots into the man, killing him.
    We were visiting friends in the same neighborhood and I had the scene pointed out to me this morning:
    UPDATE: Probable Cause Found in Shooting Death of Joshua Martin
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    Quote Originally Posted by Mike1956 View Post
    A shaky shooting from start to finish.

    It appears a resident fired through the front door of a home at an intoxicated, naked man who was attempting to enter. He then went outside into the street and fired more shots into the man, killing him.
    We were visiting friends in the same neighborhood and I had the scene pointed out to me this morning:
    UPDATE: Probable Cause Found in Shooting Death of Joshua Martin
    Not a surprise that probable cause was found and a murder charge filed. If the state proves those facts, I expect a conviction - absent some other bizarre circumstances.
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    Detective Null says that three of the shots came from inside LeMaster’s home and went through the front door and the screen door.

    Null says the blood trail went from the front porch, down the front steps, and across the street to a neighbor’s house.

    He said shortly after, the initial shots from inside the home, evidence showed that Lemaster pursued Martin outside where he continued to fire several shots, ultimately killing him.
    I think therein lies the problem, had he have stayed inside the house and called 911 instead then it would be considered a justified shoot.
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    I would guess the adrenaline dump got the better of the guy doing the shooting. Another story said he got his concealed carry license in 2008 and renewed it in 2013, so he should have some idea of what would wash legally. I wouldn't want to have to explain firing through the door at an unarmed man, naked or not. Going outside to continue firing is pretty indefensible, I would think.
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    Why I always shoot a naked man beating on my door a 3AM then chase him across street shooting more. I thought that was normal every where. Now if a pretty young woman I would invite her in for hot cocoa and cookies. . Might even find a wash cloth for her to cover up and warm up with.

    This guy had to be on some kind of drugs . I not sure I would have even shot threw door. Be on phone with 911 and if he broke thru . Well different story. But still no chasing and back shooting. One thing for sure Don't think trial be held their. What if was really something wrong and he was needing help.
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    He's going to jail.If the intruder was in the house the shooting justified.Going outside and shooting someone who's impaired wrong.He probably could of kick his ass because of his intoxicated state.It was his duty to get the family members out of the house.He should of called the cops as this guy was trying to get in.I'll see you in 25 to life.Stupid move that destroyed his world.

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    #1 reason I will not shoot through my door: I don't want to have to fix or replace my door.

    I can actually understand a lady home alone perhaps doing this but a guy shooting at an unarmed naked guy? Sort of pictured an actual breaking into the house first I guess. Then the gloves are off...well, you know.
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    Generally I don't thinking shooting through the door is a great idea most of the time (although sometimes it almost certain is). However, that wasn't the problem- it was going outside to finish the guy off. I can't fathom why he did that. Fear? Lack of judgement?
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    shooting through the door. that's some Hollywood right there.

    guess they didn't cover the 4th cardinal rule when he got his permit?

    must've gotten extra pissed at the guy for making him blow his door away and chased him down.
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    Maybe his defense will be He thought he was dreaming . It was 3 am.
    He went on in this vein for a long time, urging them over and over, "Get out while you can; get out of this sick and stupid culture!"
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    No telling what the actual evidence shows, at this point ...


    But if there is clear evidence violent kicking in of the door was occurring that night, then I don't have much problem with firing upon the intruder at that point. It's not as though violent entry can be mistaken for the Avon Lady, particularly if any threatening words are heard at the time from the assailant.

    Much preferable to await entry, from a strictly legal standpoint, but not required by the statutes. Have yet to read any such use-of-force statute that disallows firing at the threat simply because the door hasn't caved in just yet.

    Heading outside to pursue, however, that's a very good way to be seen as deliberating over killing, premeditation, going way beyond need, going way beyond what's justifiable and authorized in the statutes for use-of-force. Plus, heading outside and away from the family he ostensibly is trying to protect is, for the time he's gone, leaving that family unprotected.

    Good example of how heading out to pursue can be the worst of all choices.


    However it turns out, the guy's going to have a front-row seat to the legal process, along with having a lot of time to think about his dilemma.
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    Senior Member Array pickwick's Avatar
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    Yeah, I wouldn't be pumping extra rounds into the guy when he is laying face down in my yard. Really tacky if nothing else...
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    yeah...bad shoot according to the report.

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    Quote Originally Posted by pickwick View Post
    Yeah, I wouldn't be pumping extra rounds into the guy when he is laying face down in my yard. Really tacky if nothing else...
    The difference between shooting to kill and shooting to stop the threat, I'd say. Classic example, from the initial reporting.
    Your best weapon is your brain. Don't leave home without it.
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    I typically shy away from the "this makes us all look bad" mindset, but I'm afraid examples like this one actually do--Lawfully-armed citizen, long-time license holder snaps under pressure and executes a defenseless, unarmed deranged-person-turned-victim.
    "For someone who is nearly as smart as I am, how can you be so wrong about this?"

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