Calif. Homeowner May Face Charges for Shooting at Suspected Burglars

Calif. Homeowner May Face Charges for Shooting at Suspected Burglars

This is a discussion on Calif. Homeowner May Face Charges for Shooting at Suspected Burglars within the In the News: The Good, the Bad and the Ugly forums, part of the The Back Porch category; Calif. Homeowner May Face Charges for Shooting at Suspected Burglars: ?Make Sure You Call Us First? | Liberty Update...

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Thread: Calif. Homeowner May Face Charges for Shooting at Suspected Burglars

  1. #1
    VIP Member Array ExactlyMyPoint's Avatar
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    Member Array GetSmith's Avatar
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    Well IF what's in the article has ANY truth to it that guy was STUPID. You don't go out of your house to confront a suspected burgler and them shoot at them as thier fleeing in thier car. I know that may fly in the dark at Texas but its still stupid. You bet he will be on the hook for that head shot. I'm thinking these suspected burglers may soon own his home and savings account.

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    Ex Member Array Mr B's Avatar
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    Im not surprised, it is kalifornia after all, were you don`t have the right to protect your self and are expected to call the police before you do anything. And the old saying that when seconds count - the police are only minutes away (or longer).

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    VIP Member Array dukalmighty's Avatar
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    I know that may fly in the dark at Texas but its still stupid
    You might want to do a little more research on TX law.Even in Tx you can only use deadly force to prevent the theft of property during the night(It doesn't say that they had a chance to steal anything) so even in Tx ain't gonna fly,So they drive the car at him,doesn't say if he walked in front of the car to stop them or not,but once the car had passed him it was no longer a threat,therefore he was shooting at some suspected burglars that were no longer a threat.Even in Tx once the threat is over you can't shoot,and yes you will more than likely get charged with reckless endangernment,and the fact he hit one of them he is looking at Aggravated battery minimum and possibly attempted murder
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    Well, if it was TX, he would be much safer from DA over-reach.

    However, in CA the laws are written against the person who is outside of the home. Inside the home is usually OK, even without the Castle Doctrine in any CA laws. Very few if no judges have ruled against an inside the home defense in CA in written history.

    In CA, the law is written so that you do not have the right to defend yourself outside of your home, if the land (your front porch or lawn) is accessable to the public (meaning you do not have a 6 foot fence with wire to keep idiots out). You almost do not own the rights in your home if you do not 'retreat' before defending yourself. Insanity! Especially as the are letting more violent criminals out of jail because the Prison Guard Unions cost so much.........................................

    The guy is going to be charged and will be found guilty of assualt with a deadly weapon in this case, according to current CA laws and legal precidence.

    Those little state lines, drawn on maps, mean quite a bit for personal liberties and the ability to defend life and property. CA is not a state where you are allowed to defend youself. It is a state where the Socialist Progressives want you to be the willing crime victim.

    CA is a heck hole on personal liberities = but is very Progressive, I might add.
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  6. #6
    Member Array 91wm6's Avatar
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    Dumb move by the homeowner IMO.

  7. #7
    VIP Member Array ccw9mm's Avatar
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    Quote Originally Posted by From the article
    The vehicle the men were in sped off and Monroe was able to get out of the path of the car and fire two shots through the back window. One of the shots hit the front passenger in the head, though he is expected to live. The two female suspects were arrested, one of whom had a felony warrant for grand theft auto.

    ...

    Was the man justified in using deadly force, or should he have shown restraint with his firearm as the car sped away?

    Conflicting portrayals, and we might not know what really occurred. It's claimed he had to "get out of the path" of the onrushing getaway car, yet then it's questioned whether he should have shown restraint as the car sped away (when he fired).

    Interestingly, the claim of being run down by a getaway car is often the justification used by police for using deadly force upon fleeing felons known to be felons. This guy apparently had just witnessed them in the commission of grand theft from a neighboring home.

    Still, that being said, this is not a situation in which I'd have been heading outside to be firing upon multiple miscreants. Not in an urban or suburban California setting. Might well have headed outside to demand they cease their activities, presuming I was in a community where police coverage was nonexistent or typically took hours, but that would depend on the community and its support for upstanding citizens and them acting strongly against known criminal activities. But, generally speaking, this is the sort of situation where I would call 911, remain armed and inside (or at least on my property) and await the cavalry.

    Makes one realize the value of a good "BlackFlag Alert" type texting of all neighbors' phones, whenever some sort of crime is witnessed in the neighborhood. Imagine, on a typical street of ~30-50 homes, in which every single resident comes out to the front lawn with their shotguns in tow, placing a few "spike strips" across the road to slow/stop the escape, etc. If every single community did this, I imagine that would have an instant deterrent effect on the miscreants who believe they "own" our butts in the 'burbs. Country folk have been supporting each other in threatening situations for a long time. City folk have forgotten they're still citizens, in this regard. Might be a very effective means of mobilizing the militia, in communities where the Sheriff, DA and others get it, where the citizens have had enough, and where they're prepared to stand shoulder to shoulder to take back their streets.
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  8. #8
    VIP Member Array suntzu's Avatar
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    This is not a Cali issue. More of an issue of a person using poor judgment regardless of what state they were in.
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  9. #9
    Member Array Vuva3rae's Avatar
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    ccw9mm, what you are describing corresponds to a "hue and cry" in common law.

  10. #10
    VIP Member Array ccw9mm's Avatar
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    Quote Originally Posted by suntzu View Post
    This is not a Cali issue. More of an issue of a person using poor judgment regardless of what state they were in.
    Agreed. Myself, I also wouldn't jump into the middle of the street in an attempt to stop a burglary's escape car from escaping, nor would I try to use the "LE excuse" of being "run down" by the car as justification for shooting upon that car. Not in CA or anywhere. But that's just me.

    Still, if he truly was nearly run down deliberately, it's hard to say that some protected class of people get to claim that's justification but all other citizens don't. Doesn't really matter whether he was on his street or not.

    Though, all of that being said, you're still right: in a situation in which 911/cavalry has been called and is (presumably) inbound to stop a robbery/burglary in progress, heading out fully armed into the street doesn't typically equate with safety or sanity in a suburban/urban setting. For the vast majority of situations like that, it's in everyone's best interests to remain inside.

    Can't recall the exact incident, but in the past few weeks some guy was reported to have come out while responding LE were arriving at a neighbor's home for a reported (alarm response?) burglary/robbery, and the guy got shot dead in his own driveway. Wasn't armed, apparently wasn't threatening in the least, yet he got shot and killed for being present when the inbound cavalry arrived. That, alone, is food for thought, for anyone seeking to head out into the street with a known situation going on. Might well be worth it, situation depending. Might well be not. Thankfully, we're all citizens and free, and we get to judge.
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  11. #11
    VIP Member Array high pockets's Avatar
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    Quote Originally Posted by suntzu View Post
    This is not a Cali issue. More of an issue of a person using poor judgment regardless of what state they were in.
    ditto - don't blame this one on California.
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  12. #12
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    I don't believe I would have jumped in front of the vehicle, but this should be exhibit A, that if you do shoot, shoot prior to the car passing you.

    He will be convicted.
    Would he have stood a better chance in another state, perhaps a slim one.
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  14. #14
    Distinguished Member Array Dan060's Avatar
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    Unless i missed something and going by the article,the man was an idiot.I believe in protecting myself,but,shooting at them leaving was just plain stupid.

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