Homeowner Shoots Drunks Beating on Door , Murder Charge - Page 2

Homeowner Shoots Drunks Beating on Door , Murder Charge

This is a discussion on Homeowner Shoots Drunks Beating on Door , Murder Charge within the In the News: The Good, the Bad and the Ugly forums, part of the The Back Porch category; Yeah I wouldn't have shot in this instance. He should have had the gun on stand by and called the police. He could have also ...

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Thread: Homeowner Shoots Drunks Beating on Door , Murder Charge

  1. #16
    Member Array Cippee's Avatar
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    Yeah I wouldn't have shot in this instance. He should have had the gun on stand by and called the police. He could have also opened the door and been like what the hell is going on. It could have been there was an accident, a fire or medical emergency. My friend fell off his bike when we were young and I banged on a guys door. He opened it and I told him my friend hit his head and was bleeding. The guy was a retired army medic. Best door to bang on he patched him up and sent us on our way. If it was this fools door I could have been ventilated.
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  2. #17
    Distinguished Member Array GpTom's Avatar
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    It sounds like you have to wait until you have been beaten half to death in Mass. before you are allowed to defend yourself. There are so many things wrong with the story about mistaking the house for one a friend lives in. If your friend had lived in this house would you have to break into it? I hope the homeowner gets off because breaking the glass in the door showed an intent on breaking in where you are not wanted. I wonder what the other teen was doing while this one went to the front door. He could have been trying to enter more quietly though the back door or a window. If we get caught we will tell them that we thought a friend lives here. It is real easy to second guess what you would have done in this case but if it had been suggested that the homeowner had the right to defend himself you would have been making jokes about the teen that got shot who "din do nuffin" Tell me how you would have made the punk aware that you intended to defend yourself. Maybe a warning shot into your floor?

  3. #18
    Ex Member Array MainframeCoder's Avatar
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    In one of the other threads, there's discussion of whether one would want a trial by jury or by judge. In this case, I'd definitely want the jury. In a lot of states, this would have been a good shoot. No jury is going to convict with so many mitigating factors.
    ep1953 likes this.

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  5. #19
    Senior Member Array Bandit99's Avatar
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    Very sad situation for all involved. I wouldn't shoot someone for banging on my door. If he makes entry his first encounter would be with my 85lb Shepherd. If I didn't have that extra layer of protection I would maybe react differently, what do you have to do, wait until the BG breaks the door in and starts shooting? Would be a difficult call.

  6. #20
    Ex Member Array BadgerJ's Avatar
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    Agree, homeowner likely made his own arrest possible due to excited utterances to the cops. So he failed to know the law, failed to know it's never good to talk to the cops, have your lawyer do it. Sorry to hear of the death, but it's the kid's own fault, IF indeed, he did break the glass with intent.

  7. #21
    Distinguished Member Array ep1953's Avatar
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    Quote Originally Posted by MainframeCoder View Post
    In one of the other threads, there's discussion of whether one would want a trial by jury or by judge. In this case, I'd definitely want the jury. In a lot of states, this would have been a good shoot. No jury is going to convict with so many mitigating factors.
    In the Peoples Republic I wouldn't expect an out right acquittal, but a hung jury should be a pretty safe bet.

  8. #22
    Senior Member Array Poppy42's Avatar
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    Quote Originally Posted by BadgerJ View Post
    Agree, homeowner likely made his own arrest possible due to excited utterances to the cops. So he failed to know the law, failed to know it's never good to talk to the cops, have your lawyer do it. Sorry to hear of the death, but it's the kid's own fault, IF indeed, he did break the glass with intent.
    Home owner made his arrest possible by shooting a kid for knocking on a door. Homeowner broke one of the big 4. Know your target and beoned. I think it's a bad shoot. The homeowner had to many options he could have used before shooting. Hopefully he doesn't get convicted of murder. It's a tragedy for all involved.
    Long, Wide, Deep, and without hesitation.

  9. #23
    Distinguished Member Array Shootnlead's Avatar
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    Quote Originally Posted by ep1953 View Post
    In the Peoples Republic I wouldn't expect an out right acquittal, but a hung jury should be a pretty safe bet.
    Bingo!

    He will walk on this...wrong charge, if nothing else.

    In my county, they would not even get an indictment.

  10. #24
    Ex Member Array TeflonDon's Avatar
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    He shot a kid who bagged on his door and broke the glass. I don't see him walking or getting off Scott free, and I hope he doesn't.

  11. #25
    Senior Member Array Petroleum 1's Avatar
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    The kid was banging on the screen door (with a glass panel installed). You have the solid door right behind it probably with a dead bolt too. Call 911 and stand by with your gun. The kid would prob never have made it thru the other door. Sad situation but I can see this guy getting off with a good lawyer.

  12. #26
    Member Array packnrat's Avatar
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    would be interesting to know ALL the facts, not just hear-say.
    how big-small was the "kid".
    what was said by both parties?
    who sold/gave this "kid" booze? if gun dealers and gun makers can be sued. why not the liquor store and distillery?
    was the "kid" using his fists? a stick, club, crow-bar/tire iron??

    some "kids" can be huge and rippling with more than enough oomph to do great bodily harm with hardly a thought.
    was the glass, just glass or wire glass, shatter resistant glass, bullet resistant, etc.

    had the guy been attacked?
    death threats (other than this day).


    in two weeks it will be forgotten if the boy was white. as something else bad will take center stage in the "news".


    if it bleeds, it leads.




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  13. #27
    VIP Member Array bigpapa's Avatar
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    Maybe he should have waited until the guy come in or something but either way it's a done deal.
    Luke 22:36
    Then said he unto them, But now, he that hath a purse, let him take it, and likewise his scrip: and he that hath no sword, let him sell his garment, and buy one.

  14. #28
    Distinguished Member Array GpTom's Avatar
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    I guess this is a good lesson for us when we read about somebody trying to break into homes. Make sure that you know and heed the law in your state concerning protecting yourself and your property. In Florida the sheriff would say that people should not try to break into other people's homes or they can expect to be shot. I think in Illinois they have to be inside your home but I don't think that they have to harm you first. I think that you have a duty to retreat into the bedroom or bathroom in some states so you better have locks on interior doors and hope that the intruder doesn't shoot through the door first. One thing to consider while somebody is trying to break in is do you want to pay attention to them or do you want to be talking to a 911 operator while they are kicking your door in. Just wondering if it makes difference if the intruder falls inside or out side once he kicks the door in and you shoot him.

  15. #29
    Ex Member Array TeflonDon's Avatar
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    Quote Originally Posted by GpTom View Post
    I guess this is a good lesson for us when we read about somebody trying to break into homes. Make sure that you know and heed the law in your state concerning protecting yourself and your property. In Florida the sheriff would say that people should not try to break into other people's homes or they can expect to be shot. I think in Illinois they have to be inside your home but I don't think that they have to harm you first. I think that you have a duty to retreat into the bedroom or bathroom in some states so you better have locks on interior doors and hope that the intruder doesn't shoot through the door first. One thing to consider while somebody is trying to break in is do you want to pay attention to them or do you want to be talking to a 911 operator while they are kicking your door in. Just wondering if it makes difference if the intruder falls inside or out side once he kicks the door in and you shoot him.
    Bedroom, locked door, calling police, firearm in hand, avoiding conformation, a gun fight, murder charges, and jail time if possible.

  16. #30
    Member Array keepitsimple's Avatar
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    Quote Originally Posted by lordofwyr View Post

    ...... Sorry, but once they get inside, all bets are off.

    This is exactly the point of Castle Doctrine in several states, as it should be everywhere all the time. In Ohio, the law presumes you to have acted in self-defense or defense of another when using deadly force if the intruder had unlawfully and without privilege entered or was in the process of entering the residence (or vehicle) you occupy**. The presumption of self-defense is a rebuttable presumption here meaning the prosecutor, not the defendant, carries the burden of producing evidence contrary to the facts that the law presumes.

    **Since the young man had indeed broken the window, Ohio law would likely presume that condition 1 was met for Castle Doctrine to apply as the young man was in the process of entering a residence that he had no privilege or right to enter. At this point the homeowner would only have to say, "I told them to stop and I couldn't locate my telephone to call police. Then they broke the window and I heard, 'you're gonna die'. I was in fear for my life and fired one shot." to meet the other conditions. At that point the burden of proof would shift to the prosecution to prove that, based on a reasonable preponderance of evidence, the homeowner did not actually fear for their life.
    With the first link, the chain is forged. The first speech censured, the first thought forbidden, the first freedom denied, chains us all irrevocably. The first time any man's freedom is trodden on, we're all damaged.

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