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#42
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11-29-2024, 07:56 AM
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| My Rank: CORPORAL Poster Rank:1635 Join Date: Mar 2013 Posts: 336 Mentioned: 0 Post(s) Quoted: 121 Post(s)
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Re: Attempted Break In Ends Badly for 1
This case appears to have a lot of similarities to a Minnesota case that was featured on one of those Discover ID shows a few years back. The homeowner shot two teenaged cousins who had broken into his home on Thanksgiving day in 2012. He was convicted of double homicide. https://www.investigationdiscovery.c...ng-day-murders The article also discusses the case in terms elements of proof required in Minnesota (Castle Doctrine) and Florida (Stand Your Ground) at the time of the article. If both of states still require an attempt to retreat prior to firing, I think this homeowner will probably be charged. I'm sure somebody here will tell me if this is still the case. |
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#46
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11-29-2024, 02:30 PM
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| My Rank: CORPORAL Poster Rank:1635 Join Date: Mar 2013 Posts: 336 Mentioned: 0 Post(s) Quoted: 121 Post(s)
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Re: Attempted Break In Ends Badly for 1
Have you ever tried typing something that long on a phone? I think I did pretty well. (BTW, you omitted the period after "karma", which I find to be somewhat ironic). I'm not a know it all, but I am very analytical. I've also never hesitated to acknowledge when I was wrong. I also inquired about whether the laws I referenced in my most recent post have been updated. In this case, I was simply pointing out that there may be more to this particular case than it initially seems. I live in a suburb in the Midwest and it's not unusual for the neighbor's kids to be playing, goofing around, or cutting across my property. If were to open the door and take someone's life and told law enforcement that I opened the door and fired because I heard someone jiggling my door knob in the middle of the day, I'm not so sure I could claim self-defense. On one hand, I see the swingset in the yard and I can empathize with the homeowner. I just find it unfortunate that people cannot have rational discussions about things anymore. |
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#47
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11-29-2024, 04:13 PM
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| My Rank: STAFF SERGEANT Poster Rank:836 Join Date: Jun 2017 Posts: 919 Mentioned: 1 Post(s) Quoted: 289 Post(s)
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Re: Attempted Break In Ends Badly for 1
I looked up the self-defense/stand your ground, civil and criminal justice website. I'm saying "I looked it up" for the simple reason of regardless of what anyone's opinion is, the law is the last word on the matter. There are variants to the language based on the state but the common thread appears to be: "...cannot use deadly force unless he has reasonable belief of imminent death or injury, and either he or she cannot retreat in safety or the attacker displays or uses a lethal weapon" I think the "reasonable belief" caveat provides enough protection in most scenarios to protect the homeowner if they use deadly force. In this case, looks like it was a split second between intruders seeing the homeowner, gun in hand their decision to abandon so I'm leaning towards the law siding with the homeowner. But that said, if I'm the homeowner I'm yanking down the cameras before the police arrive to prevent a prosecutor showing the replay in super slow motion to a jury. I think I could wimper my way through a "reasonable belief of imminent danger" that would leave a jury in tears, especially if my 2 year old granddaughter was in the house with me. I think I have enough sense to discern a threat vs my 14 year old neighbor with his buddy hoping my slider is open so they could pilfer some beer from my fridge. |
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#48
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11-29-2024, 04:35 PM
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| My Rank: PRIVATE Poster Rank:33471 Join Date: Jul 2021 Posts: 1 Mentioned: 0 Post(s) Quoted: 0 Post(s)
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Re: Attempted Break In Ends Badly for 1
Look at how high his fences are. He clearly has an expectation of privacy. People saying “bad shoot” are idiots. I could see it being questionable if it were the front door |
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#50
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11-29-2024, 06:05 PM
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| My Rank: STAFF SERGEANT Poster Rank:787 Join Date: Jun 2020 Posts: 994 Mentioned: 1 Post(s) Quoted: 420 Post(s)
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Re: Attempted Break In Ends Badly for 1
hope the home owner gets off, Far as I can see they were trying to break in and the intent was there so fuck them. Opt for a jury any worth their salt would say intent was there and fuck him. He only ran when he spotted the gun. it was so quick it could be argued he fired the shot just as the perp run. Id find him not guilty and I hope a jury will too. Scumbag burgling cunts eat shit and die.
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