Homeowner Charged After Shooting Intruder - Page 2

Homeowner Charged After Shooting Intruder

This is a discussion on Homeowner Charged After Shooting Intruder within the In the News: The Good, the Bad and the Ugly forums, part of the The Back Porch category; Originally Posted by gasmitty My former state of Connecticut specifically allows you to use deadly force on a person outside your home if you know ...

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Thread: Homeowner Charged After Shooting Intruder

  1. #16
    VIP Member Array Janq's Avatar
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    Quote Originally Posted by gasmitty View Post
    My former state of Connecticut specifically allows you to use deadly force on a person outside your home if you know he is about to commit arson on your dwelling. (I have to wonder what case law prompted the inclusion of that particular circumstance!) Seems like a reasonable exception, but probably not embraced by MA , NJ or CA.
    Arson is not relevant to this thread subject in specific...But to go there, such an action would definitely be a furtive attempt to take life.

    But again that's a whole other matter, and news account.
    Another might be slipping a bag full of know to be poisonous snakes into ones air vents or... :p

    - Janq
    "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

  2. #17
    VIP Member Array packinnova's Avatar
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    Smack in the middle of wealthy on one side and dirt poor on the other
    odd...how did this end up in this thread...self deleting...
    Last edited by packinnova; September 11th, 2009 at 09:16 PM. Reason: edit...odd

  3. #18
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    Once I'm locked in my bedroom with the family and someone is trying to get through the door, he is getting numerous warnings while on the cell with 911. Once he comes through the door, if the first magazine doesn't stop him, the second one in my left hand will hopefully do the trick and stop the attack.

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  5. #19
    Member Array DaveInTexas's Avatar
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    re similar attack, San Marcos Tx last week
    How would Texas view such a homeowner?
    The San Marcos guy got off I heard.

  6. #20
    VIP Member Array ccw9mm's Avatar
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    Quote Originally Posted by Moga View Post
    I'm not following the introduction of whether banging on a wall constitutes a break in. Do you know something about the incident that I don't?
    Nope. I wasn't very clear, in my writing. My apologies.

    As it relates to Georgia law, banging on a person's wall is not a felony of any type, much less a forcible felony ...
    That was my point. It's the basic distinction made by Ayoob and countless others, when they suggest that waiting until a criminal attacker actually comes through the barrier is safer, legally, and helps ensure a person is meeting the A.O.J. standard prior to unleashing death on their fears. This case of firing through the door early is a good example of how A.O.J. isn't yet met, and how a zealous DA can hang you by your toenails for it.

    A.O.J. The criminal in question had the ability to harm the occupants of the house, but he didn't yet have the opportunity because of proximity. By still being on the other side of a closed/locked door, the would-be felon was as of that moment unable to reach the occupants. As of that moment, as you say, there was no forcible felony. Forcible felony on a door is irrelevant. Forcible felony laws are there to protect persons, and prior to the door being broken down the occupants of the home were not yet threatened sufficiently to take life.

    Holding themselves to the "higher" standard of waiting until the door was breached, the occupants could have (a) ensured they were not firing on someone else, (b) ensured they were not putting anyone else at immediate risk, and (c) were demanding the attacker breach the door and thereby cross over the line into the realm of forcible felony on persons.

    Quote Originally Posted by Moga View Post
    Say the home owner in the latest case has the door reinforced, and that's the only reason that it wasn't kicked off the hinges during the attempted breach. I could see how it could be enough that an unknown person made a determined effort to enter the dwelling in a violent and tumultuous manner, irrespective of whether the door actually opened, to satisfy the requirement for the use of deadly force.
    Depends on the circumstances, you're right.

    If you are the person on the inside of the door, are you supposed to wait until the person makes entry to find out whether he intends to rape or kill you before you attempt to stop them?
    If you want to ensure you're standing in the realm of the "higher" standard and doing everything you can to delay using deadly force, yes, you are supposed to wait until the standards are met before acting. Of course, the strength of the statutes in most states is that it allows the citizen in question to make a reasonable judgment at the critical moment as to whether it was justified or not, since obviously ONLY the citizen can know everything there is to know at that point as to whether the threat is deadly enough to respond to. Fact is, all a DA and investigating officers are doing is second-guessing anyway, since none of them were there.

    Which is one of the reasons I'm so adamant about why strong "Castle" and "Stand Your Ground" laws are so important, including making the simple statement that a claimed justifiable self-defense use of lethal force should not in and of itself be cause to force the defender to justify the actions taken. I still believe that it's the citizen being put under the jeopardy of law, thus the STATE must (as in every other type of case) prove beyond a reasonable doubt the criminality of the person claiming self-defense and that the citizen's actions could not possibly have been justifiable self-defense. But, that's just me. I'm appalled that Oregon does not have such statutes on the books. It's one of the things that keeps me up at night, trying to help my legislature see the stupidity of such a thing, leaving citizens out to dry when it comes to self-defense actions against violent criminals.

    Anyway. I think we're saying the same thing.
    Your best weapon is your brain. Don't leave home without it.
    Thoughts: Justifiable self defense (A.O.J.).
    Explain: How does disarming victims reduce the number of victims?
    Reason over Force: Why the Gun is Civilization (Marko Kloos).

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