Good: Comanche County, OK DA Rules Shooting Justified

This is a discussion on Good: Comanche County, OK DA Rules Shooting Justified within the In the News: The Good, the Bad and the Ugly forums, part of the The Back Porch category; The Comanche county prosecutor ruled the killing of intruder was self defense. The shooting happened on Monday: The DA announced his ruling on Thursday. No ...

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Thread: Good: Comanche County, OK DA Rules Shooting Justified

  1. #1
    VIP Member Array Sig 210's Avatar
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    Good: Comanche County, OK DA Rules Shooting Justified

    The Comanche county prosecutor ruled the killing of intruder was self defense. The shooting happened on Monday: The DA announced his ruling on Thursday. No grand jury, no nothing: As it should be.


    Local - Lawton Constitution - Lawton, OK

    The Comanche County District Attorney has ruled that a Monday morning shooting was justified and no charges will be filed against a homeowner for killing the suspected robber.

    District Attorney Fred C. Smith said on Thursday that he has determined that the use of deadly force was justified and no charges will be filed against the owner of the home.

    He reviewed the information from police and said, "I didn't find anything that concerned me about the homeowner's actions."

    Charles Deon Johnson, 31, was pronounced dead around noon Monday following the incident, according to police.

    Investigators believe that Johnson was attempting to rob a house in the 1800 block of Northwest Lincoln Avenue around 9:30 a.m. when the homeowner responded with gunfire. According to police, the homeowner, who was remodeling the house, and Johnson got into a scuffle and, after he felt what he thought was a gun, the homeowner grabbed his own pistol and shot three times. No weapon was recovered from Johnson.

    LPD Lt. Larry Lafrance said that investigators believe that Johnson is connected to "several open investigations." Johnson was out on $2,000 bond for an August arrest for knowingly concealing stolen property, according to court records.

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    Home owner 1, Scumbag 0.
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    Another future Nobel Peace Prize recipient cut down before his real potential was reached
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    Quote Originally Posted by dukalmighty View Post
    Another future Nobel Peace Prize recipient cut down before his real potential was reached
    That the way I see it also!!!!
    NOT LIVING IN FEAR, JUST READY!!!
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    Homeowner cleared several cases at no expense to the taxpayers!
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    Does OK have a sketchy castle doctrine or something?
    Sticks

    Grasseater // Grass~eat~er noun, often attributive \ˈgras-ē-tər\
    A person who is incapable of independent thought; a person who is herd animal-like in behavior; one who cannot distinguish between right and wrong; a foolish person.
    See also Sheep

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    Yup, as it should be... The dirtbag is worm food and the home owner is free of charges...
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    Quote Originally Posted by Sticks View Post
    Does OK have a sketchy castle doctrine or something?
    No, Oklahoma Law allows you to stand your ground, no duty to retreat and you are allowed to meet force with deadly force.


    Title 21. Crimes and Punishments

    Oklahoma Statutes Citationized
    Title 21. Crimes and Punishments
    Chapter 53 - Manufacture, Sale, and Wearing of Weapons
    Oklahoma Firearms Act of 1971
    Section 1289.25 - Physical or Deadly Force Against Intruder
    Cite as: O.S. , __ __


    A. The Legislature hereby recognizes that the citizens of the State of Oklahoma have a right to expect absolute safety within their own homes.

    B. A person is presumed to have held a reasonable fear of imminent peril of death or great bodily harm to himself or herself or another when using defensive force that is intended or likely to cause death or great bodily harm to another if:

    1. The person against whom the defensive force was used was in the process of unlawfully and forcefully entering, or had unlawfully and forcibly entered, a dwelling, residence, or occupied vehicle, or if that person had removed or was attempting to remove another against the will of that person from the dwelling, residence, or occupied vehicle; and

    2. The person who uses defensive force knew or had reason to believe that an unlawful and forcible entry or unlawful and forcible act was occurring or had occurred.

    C. The presumption set forth in subsection B of this section does not apply if:

    1. The person against whom the defensive force is used has the right to be in or is a lawful resident of the dwelling, residence, or vehicle, such as an owner, lessee, or titleholder, and there is not a protective order from domestic violence in effect or a written pretrial supervision order of no contact against that person;

    2. The person or persons sought to be removed are children or grandchildren, or are otherwise in the lawful custody or under the lawful guardianship of, the person against whom the defensive force is used; or

    3. The person who uses defensive force is engaged in an unlawful activity or is using the dwelling, residence, or occupied vehicle to further an unlawful activity.

    D. A person who is not engaged in an unlawful activity and who is attacked in any other place where he or she has a right to be has no duty to retreat and has the right to stand his or her ground and meet force with force, including deadly force, if he or she reasonably believes it is necessary to do so to prevent death or great bodily harm to himself or herself or another or to prevent the commission of a forcible felony.

    E. A person who unlawfully and by force enters or attempts to enter the dwelling, residence, or occupied vehicle of another person is presumed to be doing so with the intent to commit an unlawful act involving force or violence.

    F. A person who uses force, as permitted pursuant to the provisions of subsections B and D of this section, is justified in using such force and is immune from criminal prosecution and civil action for the use of such force. As used in this subsection, the term "criminal prosecution" includes charging or prosecuting the defendant.

    G. A law enforcement agency may use standard procedures for investigating the use of force, but the law enforcement agency may not arrest the person for using force unless it determines that there is probable cause that the force that was used was unlawful.

    H. The court shall award reasonable attorney fees, court costs, compensation for loss of income, and all expenses incurred by the defendant in defense of any civil action brought by a plaintiff if the court finds that the defendant is immune from prosecution as provided in subsection F of this section.

    I. The provisions of this section and the provisions of the Oklahoma Self-Defense Act, Sections 1290.1 through 1290.26 of this title, shall not be construed to require any person using a pistol pursuant to the provisions of this section to be licensed in any manner.

    J. As used in this section:

    1. "Dwelling" means a building or conveyance of any kind, including any attached porch, whether the building or conveyance is temporary or permanent, mobile or immobile, which has a roof over it, including a tent, and is designed to be occupied by people;

    2. "Residence" means a dwelling in which a person resides either temporarily or permanently or is visiting as an invited guest; and

    3. "Vehicle" means a conveyance of any kind, whether or not motorized, which is designed to transport people or property.
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    I guess I am perplexed why there would be any question about homeowners actions. It's nice to see that a home defense went the way it should have, and did not list the perp as a "Victim", just strikes me as odd that it would make the media.
    Sticks

    Grasseater // Grass~eat~er noun, often attributive \ˈgras-ē-tər\
    A person who is incapable of independent thought; a person who is herd animal-like in behavior; one who cannot distinguish between right and wrong; a foolish person.
    See also Sheep

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    I think the reason it made a media write up is that the BG was a suspect in several other crimes in recent weeks. Of course the Lawton Constitution hasn't always been gun friendly, just a case of a small town paper wanting to be "main stream" syndrome.

    I think to DA's comments pretty well sum up OK self defense laws:

    District Attorney Fred C. Smith said on Thursday that he has determined that the use of deadly force was justified and no charges will be filed against the owner of the home.

    He reviewed the information from police and said, "I didn't find anything that concerned me about the homeowner's actions."
    Freedom doesn't come free. It is bought and paid for by the lives and blood of our men and women in uniform.

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    I wonder if they were in the house, or if they were in the yard?

    Doesn't seem like a lot of info;
    Sounds like I would have sided with the DA on this though.








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    The perp was in the house.


    What Archer 51 said.

    The Lawton Constitution is not exactly Second Amendment friendly. They used to be downright anti-gun: Think that cost them some readers and they toned it down.

  14. #13
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    Quote Originally Posted by Sticks View Post
    I guess I am perplexed why there would be any question about homeowners actions.
    When one person is killed by another, it needs to be investigated no matter how obvious the circumstances appear to be. People have claimed self-defense in an attempt to beat a murder rap (like two thugs arguing over a dope deal, for example). In this case the investigation revealed (very quickly) that the homeowner was legit, the intruder was a criminal, and there did not appear to be any personal ties between the two that might have suggested foul play.

    The fact that this never even went before a grand jury indicates that the DA believed 1)it was justified; and/or 2)there was no way he could get a conviction if he tried to prosecute.

    A human being died. Checking out the survivor's story is prudent and appropriate; it's also how we identify that the dead human being was a scumbag. :-)
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    The way the Oklahoma law is written it seems it is the responsibility of the State to prove it was not self-defense if they disagree with the homeowners claim. That was the intent when it was written but one never knows how the government will choose to apply it.

    Michael

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