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Maybe, unless the auto occupants are felons, with a long list of priors.
 

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Same here.... not enough info.

Personally if I shot at someone trying to rob my home. I not so sure I would call the police. Robbers are not going to call the police and tell them that someone shot at them while they were casing the joint.
 

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"The resident called Temecula Police reporting an attempted break-in to his home about 10:30 p.m. "
"As the resident approached the unfamiliar vehicle..."

"...He observed what he thought was a hand emerging as if the person in the car had a weapon and discharged a round at the vehicle..."



Kinda scary...Maybe I missed something, but how were they trying to break in if they were sitting in a car in the driveway?

:icon_neutral:


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kansas_shooter said:
Personally if I shot at someone trying to rob my home. I not so sure I would call the police. Robbers are not going to call the police and tell them that someone shot at them while they were casing the joint.
That is unwise thinking.

"Robbers" are not going to tell call the police, but sweet innocent youths "just driving through the area" are very likely to call the cops if they get shot at.

Potential robbers possibly casing the joint are much lower on the police list of things to do than "man with a gun shooting up the place".



Most often, he who calls 911 first gets treated like a victim, he who calls last (or doesn't call) gets treated like a perp.


ANY TIME you have to clear leather and discharge a round you MUST call the police.
 

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Yeah, not enough info. Did they just run back to the car after prying on his door, or were they just parked in his driveway being suspicious? Did the hand have a weapon or a religious tract? Need more info on this one.
 

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Why did he walk up on the car and not stay in his home untill the police arrived, assuming he called the cops first and then wen to investigate?
If he called the cops after the fact then why did he not call the cops first and remain inside his home safe and safest?

Those were the first questions to come to my own mind and likely would be that of the defense if he had by chance hit one of the persons in the car.
If he feared for his life, the only legal excuse to shoot someone, then he should have stayed inside his home and called/awaited police assistance.

In real life people drive into my driveway often (i's a very large entry way) to turn around and on ocassionI've had them stop to consult a map or evenin one case to make a cell call and chat with someone...and this occurs even as I'm out in my yard highly visible doing things myself (!).

Playing Devils Advocate if I were a defense attorney, which BTW I am not, I'd claimmy client had infact pulled in upon being lost and was consulting a map or with the passenger as to where to turn next. I'd also argue that shooting at my client was unlawful as the shooter had no reason to be in fear of his life and if he had been then any reasonable person wouldhave stayed in his home behind locked doors awaiting the police than to step outside and confront what he deemed prior to be life endangering men.

If by chance they had in fact been casing his home he would have no idea there aren't a third, fourth or sixth persons out of his view and poised to get the drop on him.
If I really thought these people looked dangerous I'd stay inside my home checking perimeters, turn on the exterior/porch lights (assuming they weren't already on which almost always they are at my house), and await the arrival of police to question them while safe ly barricaded and armed inside one's own defensive shell aka home.

The citizen might not be in trouble as current but if a body pops up he just might find himself being judged by 12. :|

- Janq
 
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