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re: Homeowner for the win

Posted on 3/13/16 at 10:33 pm to
Posted by jmarto1
Houma, LA/ Las Vegas, NV
Member since Mar 2008
33908 posts
Posted on 3/13/16 at 10:33 pm to
I'm sure she yelled "it's coming right for us"
Posted by RogerTheShrubber
Juneau, AK
Member since Jan 2009
260203 posts
Posted on 3/13/16 at 10:34 pm to
quote:

You can't defend property with deadly force.


You damn sure can
Posted by Thib-a-doe Tiger
Member since Nov 2012
35348 posts
Posted on 3/13/16 at 10:35 pm to
They cross that threshold while I'm inside and I can shoot for whatever reason I want, as long as it isn't in the back
Posted by TigernMS12
Member since Jan 2013
5530 posts
Posted on 3/13/16 at 10:36 pm to
quote:

so guy breaks into my house but im not supposed to shoot him? LOL


If your inside the house, at least in MS where I live, then there is a rebuttable presumption that your life is in danger if an unlawful entry occurs (FL has this presumption too). You have to be in the house though when the unlawful entry occurs. You cannot find out someone is breaking into your home and then go home and shoot them. You have to call the police and let them handle it. This women could be charged with manslaughter.
This post was edited on 3/13/16 at 10:41 pm
Posted by bendellee
Member since Aug 2006
2428 posts
Posted on 3/13/16 at 10:39 pm to
quote:

You can't defend property with deadly force.

quote:

You damn sure can

Well, technically, yes. You can.

Just not with impunity.
Posted by TigernMS12
Member since Jan 2013
5530 posts
Posted on 3/13/16 at 10:40 pm to
quote:

You damn sure can


No you cannot. Castle doctrine only applies when the person claiming it is physically inside the dwelling when the illegal entry occurs.
Posted by TheAlmightySmash
New Orleans
Member since Jun 2014
5479 posts
Posted on 3/13/16 at 10:42 pm to
Justice was served. say hi to treyvon martin for me.
Posted by Gen Satterfield
Texarkana
Member since Feb 2016
239 posts
Posted on 3/13/16 at 10:53 pm to
quote:

she should have waited until I think he walked out the yard to try to shoot him


Yeah OK. Criminals should have a better opportunity to get away with stealing other people's belongings before the people having the stuff stolen should fight back.

frick that mess

Posted by Clames
Member since Oct 2010
16556 posts
Posted on 3/13/16 at 10:57 pm to
quote:

You can shoot when defending yourself or others, but you can't shoot someone just because they are committing burglary. Context matters


Know what matters more? Knowing the actual laws. Quite a few states do indeed mention burglary and other types of robberies as situations where armed self-defense is justified. Maybe you should share Trevon's love of learning sometime.
Posted by Clames
Member since Oct 2010
16556 posts
Posted on 3/13/16 at 10:58 pm to
quote:

No you cannot. Castle doctrine only applies when the person claiming it is physically inside the dwelling when the illegal entry occurs.


You and the Vol fan know far less than you should on this topic.
Posted by AndyCBR
Baton Rouge, LA
Member since Nov 2012
7545 posts
Posted on 3/13/16 at 10:58 pm to
Not much detail on the "confrontation" that took place prior to the shooting.

But many posters are correct in stating witnessing a theft outside your home is not legal justification for the use of lethal force.

I carry, and I believe in the right to bear arms. But the fact remains you can be the one in the pokey if you are quick on the trigger in a questionable circumstance.



Posted by retired trucker
midwest
Member since Feb 2015
5093 posts
Posted on 3/13/16 at 10:59 pm to
quote:

I smell litigation. Ambulance chasers, assemble.


yeah, with the family nipping at the heels of the litigation all along

yup, she gonna have a hard time...she best plan for the worst and hope for the best
Posted by TigernMS12
Member since Jan 2013
5530 posts
Posted on 3/13/16 at 11:00 pm to
quote:

Clames


Ok, please enlighten me?
This post was edited on 3/13/16 at 11:07 pm
Posted by TigernMS12
Member since Jan 2013
5530 posts
Posted on 3/13/16 at 11:02 pm to
quote:

Know what matters more? Knowing the actual laws. Quite a few states do indeed mention burglary and other types of robberies as situations where armed self-defense is justified. Maybe you should share Trevon's love of learning sometime.


This is only available if you are physically in the dwelling, vehicle, or place of employment that the crime is being committed upon. There is a big difference in that, and driving up to your house getting out of your car and shooting the burglar.

See Castle Doctrine

Miss. Code Ann. 97-3-15(e-f)
This post was edited on 3/13/16 at 11:07 pm
Posted by retired trucker
midwest
Member since Feb 2015
5093 posts
Posted on 3/13/16 at 11:03 pm to
quote:

“What’s wrong with her,” asked Johnson’s sister Nisha Johnson. “She did not have to shoot him.” “It’s no reason she should have waited until I think he walked out the yard to try to shoot him,” said Harris. “If she called the police already why would she shoot him?”


surprised the count didn't say, he just needed a few dollars , she should have given him some...
Posted by Coach72
Lafayette
Member since Dec 2009
1427 posts
Posted on 3/13/16 at 11:05 pm to
Posted by RogerTheShrubber
Juneau, AK
Member since Jan 2009
260203 posts
Posted on 3/13/16 at 11:09 pm to
quote:

You damn sure can



No you cannot.


You claimed you cannot defend property with deadly force. You're wrong. There are varying circumstances from place to place but yes, you can defend property with deadly force. I'm not sure this case was one of those times.
This post was edited on 3/13/16 at 11:12 pm
Posted by Paige
Vice President of the OT
Member since Oct 2010
84748 posts
Posted on 3/13/16 at 11:11 pm to
Well obviously the police disagree since they didn't arrest her
Posted by VOLhalla
Knoxville
Member since Feb 2011
4399 posts
Posted on 3/13/16 at 11:11 pm to
quote:

Clames


You seem angry and dumb. A bad combination.

No one ever said you can't defend yourself from a burglar. Only that you can't shoot a burglar when that burglar poses no threat to you or anyone else. If you came home from work one day and found someone who just robbed you dangling from a window you can't chuckle to yourself and then shoot them to death. If you do expect some criminal charges.
Posted by LuckySo-n-So
Member since Jul 2005
22079 posts
Posted on 3/13/16 at 11:14 pm to
I'd be willing to bet that the responding officer asked the lady several times if there was a confrontation.

"Now are you SURE there wasn't a confrontation that made you fear for your life? Did he try to attack you? Force you to defend yourself? Are you sure?"
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