February 4th, 2009 01:39 AM
What the heck is "shoot to kill"?
People who say such things clearly have no clue what they are talking about, by the fact that they have stated such ridiculousness.
Meanwhile cops are shot and killed, as well as civilians and BGs, by relativley low powered rounds and hit in what would initially be considered to be a non-fatal area only to have the bullet or fragments travel around inside the body and even exit out of areas non linear to that of the entry point. Hell watch one season of any version CSI and this should be a known.
Nobody shoots to kill. Except for criminals and murders with intent.
everybody else though GGs and LEOs shoot to stop. Even when the shot is a head shot.
They simply want the BG to stop doing what he or she is doing, and thus they shoot.
Shoot to kill is such a garbage statement intent to appeak to the emotions of the unthinking or ignorant.
"Killers who are not deterred by laws against murder are not going to be deterred by laws against guns. " - Robert A. Levy
"A license to carry a concealed weapon does not make you a free-lance policeman." - Florida Div. of Licensing
February 4th, 2009 07:06 AM
Somebody's trying to turn this event into a referendum on the new statute, which as I read it, doesn't really apply here. This was a case of the use of deadly force to prevent a serious felony, from the homeowner's point of view, and their reasonable apprehension of a burglary in progress based on objective fact is all that matters. Unless, of course, Colorado is going to start prosecuting cops who don't take the time and trouble to determine whether the person they reasonably believe is about to shoot them is underage, drunk, and really and truly armed with a deadly weapon.
Daniel L. Hawes - 540 347 2430 - HTTP://www.VirginiaLegalDefense.com
Nothing I say as "user" should be taken as either advertising for attorney services or legal advice. Legal questions should be presented to a competent attorney licensed to practice in the relevant state.
February 4th, 2009 07:29 AM
"It gets murky if the door is broken but not open,"
This is the part that got me. I don't know about anyone else, but if a door is broken in Texas, that means it is no longer a deterrent to stopping someone from coming in, thus breaking and entering has already been committed by breaking the door.
I'm glad, I don't live there. I hope it works out for the couple, sad story all the way around.
"I dislike death, however, there are some things I dislike more than death. Therefore, there are times when I will not avoid danger" Mencius"
February 4th, 2009 08:34 AM
Once again the press and their "sensational headlines" are in the wrong.
"Make My Day" is not the phrase that should be used here. Nobody of reasonable mind would use that phrase in a tragedy like this.
"Stand Your Ground" or "Castle Doctrine" would be a better term.
But the Anti's in the media get their jollies by just this type of reporting.
Does it make me angry, you bet it does.
Disclaimer: The posts made by this member are only the members opinion, not a reflection on anyone else, nor the group, and should not be cause for anyone to get their undergarments wedged in an uncomfortable position.
February 4th, 2009 09:15 AM
Jan 27, 2009 -- District Attorney not prosecuting homeowner who shot intruder: click.
D.A.'s announcement (WAV file): click.
Your best weapon is your brain. Don't leave home without it.
self defense (A.O.J.).
How does disarming
the number of victims?
Reason over Force: The Gun is Civilization (Marko Kloos)
NRA, SAF, GOA, OFF, ACLDN.
February 4th, 2009 10:24 AM
But once again, " maintained he was intoxicated and believed he was in his own home"
Even after, "When police arrived at the scene of the crime, Mr. Allen was on top of the woman on her bed with a knife in his hand, according to authorities."
Only 10 to 13!!!
Worcester Telegram & Gazette News
If this is
Wednesday, February 4, 2009
Man sentenced to 10 to 13 years in home invasion
By Gary V. Murray TELEGRAM & GAZETTE STAFF
WORCESTER — A 24-year-old Southbridge man was sentenced to 10 to 13 years in state prison yesterday after a judge found him guilty of breaking into a woman’s home, arming himself with a knife, and assaulting her in her bedroom.
Deric Allen of 221 Everett St., Southbridge, was convicted after a two-day, jury-waived trial of breaking into the 22-year-old victim’s house on Central Street in Southbridge during the early morning hours of Dec. 16, 2006, grabbing a knife from a butcher block in the kitchen, and assaulting the woman in her second-floor bedroom while her 9-month-old daughter slept downstairs.
Judge C. Brian MacDonald found Mr. Allen guilty of armed burglary and assault and battery, after hearing evidence in the Worcester Superior Court trial. Judge MacDonald found Mr. Allen not guilty on a charge of assault with intent to rape. The assault and battery charge for which Mr. Allen was convicted was reduced by the judge from assault and battery with a dangerous weapon (knife).
Judge MacDonald sentenced Mr. Allen to 10 to 13 years’ imprisonment on the armed burglary charge, which carries a mandatory minimum sentence of 10 years. The judge placed Mr. Allen on probation for three years, to begin upon his release from custody, on the assault and battery charge.
Mr. Allen, who maintained he was intoxicated and believed he was in his own home, smashed a first-floor window with a brick to get into the victim’s residence, according to police. The victim said she was awakened by sounds she heard on her baby monitor and called 911.
A tape recording of the 911 call was played during the trial, as it had been during an earlier court hearing in the case. The victim, who remained on the line with a dispatcher until officers arrived, could be heard on the recording pleading with her assailant not to harm her baby.
Judge MacDonald described the tape during the sentencing phase of the trial as “an extraordinary piece of evidence” that reflected the “depth and duration” of the victim’s “psychic injury.”
When police arrived at the scene of the crime, Mr. Allen was on top of the woman on her bed with a knife in his hand, according to authorities.
Assistant District Attorney Paula J. Frasso recommended that Mr. Allen be sentenced to 15 to 20 years in prison with probation to follow.
Mr. Allen’s lawyer, John P. Morris, recommended a prison term of 10 years to 10 years and a day and a period of probation to begin upon his client’s release.
I hope local folk see that for what it is and support/maintain their "Stand Your Ground" or "Castle Doctrine" by what ever name.
Originally Posted by user
I'm just one root in a grassroots organization. No one should assume that I speak for the VCDL.
I am neither an attorney-at-law nor I do play one on television or on the internet. No one should assumes my opinion is legal advice.
Veni, Vidi, Velcro
February 4th, 2009 10:38 PM
The cop who was quoted here absolutely doesn't know what he's talking about. It's not murky, it's crystal clear Breaking & Entering, from the moment the perp broke the glass or from the moment any prep touches any part of a door or window with the intent of forcing entry. Colorado is no different from any other state on this law.
Originally Posted by Guardian
An armed populace are called citizens.
An unarmed populace are called subjects.
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