GOOD: Oakland Man Stops Home Invader - Oakland, KA

GOOD: Oakland Man Stops Home Invader - Oakland, KA

This is a discussion on GOOD: Oakland Man Stops Home Invader - Oakland, KA within the In the News: The Good, the Bad and the Ugly forums, part of the The Back Porch category; Oakland man shoots would-be burglar - Inside Bay Area OAKLAND An armed East Oakland homeowner who tried to dissuade a burglary suspect with several ...

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  1. #1
    Distinguished Member Array CT-Mike's Avatar
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    GOOD: Oakland Man Stops Home Invader - Oakland, KA

    Oakland man shoots would-be burglar - Inside Bay Area

    OAKLAND An armed East Oakland homeowner who tried to dissuade a burglary suspect with several warning shots ended up shooting the man in the leg Monday in the most recent in a string of incidents in which victims have shot suspects.

    Neighbors of the home on the 2200 block of 100th Avenue said the house had been broken into before.

    "The guy is exasperated because they target his house," said the shooter's next-door neighbor, who declined to give her name. "There's got to be somebody watching him, because the minute he leaves the house it's targeted to be broken into. It's between five and six times, quite a few attempts at it, no matter what he does."

    Police said the 37-year-old homeowner, who has lived in the house most of his life, was home a little before 11 a.m. Monday when he saw someone walk toward his garage, then reappear and try to pry open a back window with a garden tool. The homeowner walked to his deck and fired warning shots with a pistol, which seemed to drive the man away.

    But when the homeowner stepped out his front door, the suspect reappeared and began moving toward the house, as if determined to get in, according to a statement the man gave police. The homeowner fired two more warning shots into the ground, but the suspect kept coming forward, at which point the homeowner shot the suspect in the upper leg.

    Neighbors said they came out to find the suspect lying on the sidewalk, shouting that he hadn't
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    known anybody lived there. Medics with the Oakland Fire Department arrived and treated the wounded man briefly before taking him to Highland Hospital; they left the suspect's shoes on the sidewalk in front of the house near a small bloodstain.

    Police identified the burglary suspect as Marcus Holoman, 51. He did not have a gun.

    Officials said he has a criminal record that includes arrests and convictions for burglary. He was under police guard at Highland on Monday and was being detained on suspicion of burglary.

    The homeowner's handgun is legally registered, and police did not arrest the homeowner or charge him with anything.

    Neighbors said their once-quiet neighborhood has seen a rash of thefts.

    The man's next-door neighbor said that when her husband died in 2004, thieves almost immediately began jumping the fence into her front yard, stealing a car from the driveway and trash bags filled with cans.

    "I want to get my fence fixed and put up some of that barbed wire," she said. "I can't keep them out, but I can make them ask, 'How much do I want to hurt myself?'"

    Other victims have turned guns on criminals in recent months.

    On April 17, a man who allegedly tried to rob Wah Fay 8th Avenue Corner Market was shot by a clerk; and on April 19, the owner of Ed's Liquors on 23rd Avenue shot a robber three times in the chest after the assailant shot him. Then, on April 22, a North Oakland homeowner shot a burglar at his home on the 600 block of 59th Street.

    Experts say the high crime rate may play a role in these incidents.

    "It's not unlike post-traumatic stress disorder from being in a war zone," said Darryl Stallworth, who worked for the Alameda district attorney's office for 15 years before quitting a year ago to become a defense attorney.

    "If I get mugged at gunpoint on a particular corner, and the next week I'm threatened or my car is broken into at that same corner, two months later I might be so traumatized by that experience that I get in an argument with someone there, they don't present an immediate threat to my life, but I believe they do because I've had these experiences, so I strike out," Stallworth said. "Technically, there's no self-defense. But because of what I've gone through, those are mitigating circumstances."

    The perception of danger sometimes can be as effective a legal defense as the actual presence of danger. In self-defense cases in which, for example, a homeowner is charged with the shooting of an intruder in his or her home, juries are instructed that "if the defendant's beliefs (of imminent danger) were reasonable, the danger does not need to have actually existed."

    Someone who fires a gun in self-defense is given much greater latitude if his perceived attacker is in the shooter's home, said Norbert Chu, senior deputy district attorney for Alameda.

    "If you're willing to breach the castle moat, so to speak, it shows you're an imminent danger that subjects you to almost any force, at a far greater level than once you leave the house," Chu said.

    Oakland residents fearful of crime may buy guns for self-defense, but Stallworth urged caution.

    "The problem is that this particular event is "... the exception," Stallworth said. "More often, guns come out in domestic disputes, or someone (angers) them, hurts their ego or bravado, and they bring it out. Then they go to court and say they bought the gun for defense. (People) having a gun in the home most often leads to violence that doesn't have to do with defending themselves. It's part of the tragedy."
    Wow, a self-defense shooting in the republic of Kali, and the shooter was not arrested or charged. I did not think such common sense was possible in Kali.

    How about the quote by the BG, "I did not think anyone lived there," as if that justified his crime?
    "The natural progress of things is for liberty to yield, and government to gain ground."

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  2. #2
    Member Array biasedbulldog's Avatar
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    Given that it's California, I'm surprised that he's not arrested, especially since it wasn't direct "self"-defense but home defense. Can't say the guy didn't do his best to avoid killing the burglar (who, incidentally, sounds like a complete moron).
    "War necessarily brings with it some virtues, and great and heroic virtues too. What horrid creatures we men are, that we cannot be virtuous without murdering one another?" -John Adams

  3. #3
    Senior Member Array rdoggsilva's Avatar
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    If you also notice that the citizens are starting to fight back. But the BG's are to stupid to see that.
    John Steinbeck: Don't pick a fight with an old man. If he's too old to fight, he'll just kill you.

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    Member Array brokenbow's Avatar
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    Quote Originally Posted by rdoggsilva View Post
    If you also notice that the citizens are starting to fight back. But the BG's are to stupid to see that.
    AND the report stated that "VICTIMS have shot SUSPECTS".

  5. #5
    Member Array madmunky40's Avatar
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    "Experts say the high crime rate may play a role in these incidents."

    So low crime rates wouldn't end the same way????
    "It is better to live one day as a lion than a hundred years as a sheep."
    - Italian proverb

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    VIP Member Array goldshellback's Avatar
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    Oakland's getting pretty nasty from what I've seen and read.....and that was a rather positive spin the paper put on the whole story, AND the cops are not shouting about victims shooting back.



    Wonder what's going on out there?
    "Just getting a concealed carry permit means you haven't commited a crime yet. CCP holders commit crimes." Daniel Vice, senior attorney for the Brady Campaign to Prevent Gun Violence, quoted on Fox & Friends, 8 Jul, 2008

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    Senior Member Array Old Sarge's Avatar
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    Goldshellback; Oakland is not "just now" getting nasty. They've been that way for the past 35 or 40 years. It's just that they are getting WORSE at being nasty. It wasn't safe to walk their streets that long ago, I can only imagine what it's like today.

  8. #8
    Senior Member Array press1280's Avatar
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    How about the quote by the BG, "I did not think anyone lived there," as if that justified his crime?

    As stupid as it sounds, some of these punks have been able to use this against homeowners in lawsuits. I think that's why Castle Laws are being passed everywhere.
    "The right of the whole people, old and young, men, women and boys, and not militia only, to keep and bear arms of every description, not such merely as are used by the militia, shall not be infringed, curtailed, or broken in upon, in the smallest degree..."
    Nunn v. State GA 1848

  9. #9
    VIP Member Array Ridgeline's Avatar
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    Mark another up for the good guys... will the bg's never learn?
    "Eternity is Too Long to be Wrong"

    Texas CHL Instructor & Holder & Utah CFP Instructor
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  10. #10
    Member Array cl00bie's Avatar
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    Quote Originally Posted by madmunky40 View Post
    "Experts say the high crime rate may play a role in these incidents."

    So low crime rates wouldn't end the same way????
    No. Because of the high crime rate, many of the are getting off their asses and arming themselves.
    -Tony

    "Those who beat their guns into plowshares will plow for those who didn't." -- Thomas Jefferson

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