Burglar Dies - Self Defense or No?

[Nate Dogg]

http://www.kgw.com/news-local/stories/kgw_102809_news_burglar_shot.25f2e9f95.html?npc#at
My basic understanding is that a home owner must be threatened by an intruder welding a weapon then it can be counted as self defense. However if the intruder is just walking around in his house then its only trespassing. When more facts come out I have a feeling that the home owner might be at fault. There was a story similar to this several months ago.

 

[Buzz Killington]

I think they should let people shoot all invaders even when they're running away.

 

[BLAZER PROPHET]

In this case the homwowner should be fine.

Although the courts have varied widely on this issue, as I understand it, the general rule is whether or not the home invader poses a direct threat. By virtue of being at home when a person is breaking in makes it so and to kill them is fine.'

The problem is when a person booby trtaps their house and leaves. Since no one is at home, there is no direct threat.

Then there is the case a few year sback in Portland when a home owner chased a kid who was breaking into his car a block, trapped him and shot himto death. A jury found it was self defense.

Go figure.

 

[maxiep]

If someone breaks into your house, you have no idea of their intent. When you have a family to protect, you should err on the side of caution. Do you ask "kind sir, may I inquire as to the reason for your presence in my ever so humble abode?" Or do you take action? I choose to protect my family and deal with the consequences later.

If you break into someone else's house and they shoot you, it's your fault.

 

[Colonel Ronan]

I don't think I could even kill a person if they broke into my house. I'd probably shoot him a couple of times in the legs and hit him over the head with something -- Definitely more humane.

 

[BrianFromWA]

No offense Ronan, but people with that philosophy end up dead a lot. Two shots center-mass, one in the head. Repeat as required.

 

[Colonel Ronan]

No offense Ronan, but people with that philosophy end up dead a lot.

I would agree with you if I was living in Compton, Detroit, or another major city. Sitting here in my suburban home, I think that is the appropriate philosophy.

Two shots center-mass, one in the head. Repeat as required.

Where I'm from, we'd call that overkill.

 

[BrianFromWA]

With a 9mm, you might need 2 reps. What size weapon are you firing that three shots is overkill?

And if you're aiming for kneecaps, you'll need a lot more than 3 shots.

 

[bluefrog]

No offense Ronan, but people with that philosophy end up dead a lot. Two shots center-mass, one in the head. Repeat as required.

This guy from my high school got shot in the head point blank when he was robbed at a gas station. The bullet entered by his ear, traveled between his skin and skull and only caused a concussion. The doctor said he must have a frickin think skull.

They never did catch the guy...

 

[bintim]

I would agree with you if I was living in Compton, Detroit, or another major city. Sitting here in my suburban home, I think that is the appropriate philosophy.



Where I'm from, we'd call that overkill.

We call it insurance.

 

[speeds]

It seems that if you break into someone's home you take your chances. Still, the police are right to investigate as to whether the homeowner's response was excessive.

 

[BengalDuck]

Aiming for legs/non-vital extremities = you'll miss. Better hope the intruder runs away, instead of towards you, or you will in fact end up dying.

 

[BLAZER PROPHET]

We call it insurance.

HAHAHAHAHAHA!!

 

[hasoos]

I think they should let people shoot all invaders even when they're running away.

If they did that though, what is to stop somebody from inviting somebody over, and then when they get there, blow their head off if they are unarmed or not? It would be just like giving a license to murder by inviting somebody over to kill. There have to be guidelines to go by.

You are much better off getting your gun, calling the cops and shouting out of your room that if anybody comes in they are going to die. No need for you to go to jail on their part. Keep the 911 operator on the line until it is over to keep your line of communication with the cops open so they understand you are armed and where you are holed up.

 

[rocketeer]

You are much better off getting your gun, calling the cops and shouting out of your room that if anybody comes in they are going to die. No need for you to go to jail on their part. Keep the 911 operator on the line until it is over to keep your line of communication with the cops open so they understand you are armed and where you are holed up.

and what if you have a family?

if someone breaks into your house, i have absolutely no problem with them getting shot and killed. and you're right that there's no need for you to go to jail on their part. you're doing nothing wrong, why would you end up in jail?

 

[MARIS61]

I would agree with you if I was living in Compton, Detroit, or another major city. Sitting here in my suburban home, I think that is the appropriate philosophy.

Even with these impressive comparisons:

http://www.clrsearch.com/RSS/Demographics/VA/Ashburn/Crime_Statistics

You still might have to deal with this kind of thing.

http://www.wjla.com/news/stories/0409/613700.html

http://loudounextra.washingtonpost.com/news/2009/mar/10/ashburn-home-invasion/

 

[hasoos]

and what if you have a family?

if someone breaks into your house, i have absolutely no problem with them getting shot and killed. and you're right that there's no need for you to go to jail on their part. you're doing nothing wrong, why would you end up in jail?

It all depends on the layout of your house. If you can keep your family upstairs and guard a stairway, that can work. But to fathom every single persons living arrangements and assume that a given tactic would work is folly. But make no mistake. If you use what is deemed unjustified force on an intruder, you will be prosecuted and go to jail. Go ahead and shoot them if you want. I know I don't have to worry about it, it's not like I am robbing anybody in the middle of the night. Shoot away. Empty your clip. Have a great time!

 

[MARIS61]

You are much better off ... calling the cops and shouting out of your room that if anybody comes in they are going to die. ... Keep the 911 operator on the line until it is over to keep your line of communication with the cops open so they understand you are armed and where you are holed up.

Plenty of time for all that CYA nonsense after you eliminate the immediate threat by killing the intruder.

 

[Colonel Ronan]

Americans are crazy.

 

[Colonel Ronan]

Even with these impressive comparisons:

http://www.clrsearch.com/RSS/Demographics/VA/Ashburn/Crime_Statistics

You still might have to deal with this kind of thing.

http://www.wjla.com/news/stories/0409/613700.html

http://loudounextra.washingtonpost.com/news/2009/mar/10/ashburn-home-invasion/

I knew the people who performed that robbery, funny enough, Maris.

And those apartments are about a five-minute walk from me.

 

[MARIS61]

I knew the people who performed that robbery, funny enough, Maris.

And those apartments are about a five-minute walk from me.

When BB guns are outlawed, only outlaws will have BB guns.

 

[barfo]

Aiming for legs/non-vital extremities = you'll miss.

Not if you use a fully-automatic weapon.

barfo

 

[bintim]

Not if you use a fully-automatic weapon.

barfo

You should start shooting low and to the left, by the time you are done, you will be high to the right, but a fair number of bullets should impact in crucial areas.

 

[bodyman5001]

I don't see anything in that story that makes me think the homeowner will get in trouble. Some scumbag's family might sue claiming their son had a chemical imbalance or was a good kid but just went with the wrong crowd or some other nonsense. Blah blah blah dead, good.

 

[Eastoff]

I just hope I don't come "home" drunk to your place by accident!

 

[bodyman5001]

I just hope I don't come "home" drunk to your place by accident!

I was thinking about that when I wrote what I did, then I thought about it and figured that it isn't any different than drinking and driving. If you are going to get that wasted and lose control of yourself you have to accept what happens to you if you do.

 

[Eastoff]

I was thinking about that when I wrote what I did, then I thought about it and figured that it isn't any different than drinking and driving. If you are going to get that wasted and lose control of yourself you have to accept what happens to you if you do.

What if you live in an apartment complex, and all the places look the same? I know a guy who did that in a dorm, luckily he was just in trouble with the staff, not shot. I also know about a friend of a friend that woke up in a drunk tank, only to find out he broke into someone's house, made nachos, and got naked. turns out there was a sheriff across the street.

 

[azsun67]

I live in Arizona, I think here intent is not needed. The running joke here is if you shoot them as they run out the door just make sure they don't leave your property and everything is ok.

 

[bodyman5001]

What if you live in an apartment complex, and all the places look the same? I know a guy who did that in a dorm, luckily he was just in trouble with the staff, not shot. I also know about a friend of a friend that woke up in a drunk tank, only to find out he broke into someone's house, made nachos, and got naked. turns out there was a sheriff across the street.

I went to high school with a kid who got drunk and jumped off of the bridge over Paradise Point between Woodland Washington and Vancouver. He died. Shit happens when you get drunk.

If you are so drunk you go into the wrong house you might think that the real homeowner broke into your house and want to fight him. Sorry, if the guy has a gun and shoots you it is your problem.

 

[barfo]

he broke into someone's house, made nachos, and got naked. turns out there was a sheriff across the street.

Wait, you mean that's illegal? What am I supposed to do with my Tuesday nights now?

barfo