Man kills sledgehammer wielding intruder - Page 3

Man kills sledgehammer wielding intruder

This is a discussion on Man kills sledgehammer wielding intruder within the In the News: The Good, the Bad and the Ugly forums, part of the The Back Porch category; In Ohio, a four-part test is used to prove whether a shooting is in self-defense: The person who shot did not cause the violent encounter; ...

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Thread: Man kills sledgehammer wielding intruder

  1. #31
    Senior Member Array Smith&Wessonfan's Avatar
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    In Ohio, a four-part test is used to prove whether a shooting is in self-defense: The person who shot did not cause the violent encounter; the person had reason to believe he was in imminent danger of great bodily harm; the person used reasonable force to repel the attack; and the person didn't violate a duty to retreat.
    When one is in one's home, there is no duty to retreat provided a certain few circumstances are met. There is also no civil liability attached is the shooting meets the same circumstances.

    Refer to Ohio Revised Code 2305.40


  2. #32
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    The tricky part of 2305.40 is in the B1C section.

    "The owner, lessee, renter, or family member uses reasonably necessary force to repel the trespasser from the building"
    "Just blame Sixto"

  3. #33
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    Quote Originally Posted by SIXTO View Post
    The tricky part of 2305.40 is in the B1C section.

    "The owner, lessee, renter, or family member uses reasonably necessary force to repel the trespasser from the building"
    I don't think it is that tricky once you read B(2). But I am not a lawyer........

  4. #34
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    It isnt tricky to you and I, but it may become one if the grand jury is a dumb one, and a whole lot of them are.
    "Just blame Sixto"

  5. #35
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    Quote Originally Posted by SIXTO View Post
    It isnt tricky to you and I, but it may become one if the grand jury is a dumb one, and a whole lot of them are.
    Ayup......

  6. #36
    Senior Member Array TonyW's Avatar
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    Late to this story, but it looks like a good outcome. I don't cheer the death of anyone either, but the right outcome in the end. Glad to know the guy is OK and won't be going to trial. Is Ohio one of the states that any shooting has to go to a Grand Jury for review? I think some states are like that.

    I must be in a negative mood today though since this jumped out at me:

    But that’s not always the case. Damon Lloyd, 39, goes on trial Monday in Warren County. He is charged with voluntary manslaughter for shooting David Brian Richardson, 46, in the side yard of his Turtlecreek Township home last fall.
    What the heck does that have to do with this article? No details, no idea of what really happened in this unrelated case. Let's just throw something in this good self-defense story to make sure everyone realizes guns are evil.
    <a target="_top" href="http://www.cybernations.net/default.asp?Referrer=TonyW"><img src="http://i227.photobucket.com/albums/dd188/18932471/imgad2-1.png" border="0"></a>

  7. #37
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    Quote Originally Posted by TonyW View Post
    Is Ohio one of the states that any shooting has to go to a Grand Jury for review?
    Nope. District Attorney decides.

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