re: Shreveport teen fatally shot in attempted carjacking

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urban youths coming into the neighborhood and looking for easy targets

mostly lock checking vehicles parked on the street or bikes left in the front yard

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I've seen them riding around the neighborhood on bikes. The tip off is the rag they carry to check door locks and prevent laying finger prints.

There was a big stink on one of the facebook neighborhood groups because some were calling it "profiling".

I'll just say this, a pack of 16 year olds riding odd bikes like girls bikes or beach cruisers in all black with "sweat rags" is quite obvious.

Yeah you have some crazies that live near you!

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If someone comes into your home unwelcome in LA you can absolutely defend it.

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BIG difference between someone coming into your home and what we are talking about here. When I said "property" I was referring to an object you own and not your "property" as in your home. The classic case of this is the homeowner that runs into his driveway and shoots a guy stealing his lawnmower. These cases happen frequently and even though you sympathize with the homeowner it still is an illegal killing absent a threat to the homeowner. This is why you should never give a statement to police until you have had time to cool down and confer with an attorney. How you phrase your version of the story can very much decide whether you get charged or not.

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Was it self defense if he was out of the vehicle and they were fleeing?



yes

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seems you are correct.

RS 14:20



§20. Justifiable homicide

A. A homicide is justifiable:

(1) When committed in self-defense by one who reasonably believes that he is in imminent danger of losing his life or receiving great bodily harm and that the killing is necessary to save himself from that danger.

(2) When committed for the purpose of preventing a violent or forcible felony involving danger to life or of great bodily harm by one who reasonably believes that such an offense is about to be committed and that such action is necessary for its prevention. The circumstances must be sufficient to excite the fear of a reasonable person that there would be serious danger to his own life or person if he attempted to prevent the felony without the killing.

(3) When committed against a person whom one reasonably believes to be likely to use any unlawful force against a person present in a dwelling or a place of business, or when committed against a person whom one reasonably believes is attempting to use any unlawful force against a person present in a motor vehicle as defined in R.S. 32:1(40), while committing or attempting to commit a burglary or robbery of such dwelling, business, or motor vehicle.

(4)(a) When committed by a person lawfully inside a dwelling, a place of business, or a motor vehicle as defined in R.S. 32:1(40) when the conflict began, against a person who is attempting to make an unlawful entry into the dwelling, place of business, or motor vehicle, or who has made an unlawful entry into the dwelling, place of business, or motor vehicle, and the person committing the homicide reasonably believes that the use of deadly force is necessary to prevent the entry or to compel the intruder to leave the dwelling, place of business, or motor vehicle.

(b) The provisions of this Paragraph shall not apply when the person committing the homicide is engaged, at the time of the homicide, in the acquisition of, the distribution of, or possession of, with intent to distribute a controlled dangerous substance in violation of the provisions of the Uniform Controlled Dangerous Substances Law.

B. For the purposes of this Section, there shall be a presumption that a person lawfully inside a dwelling, place of business, or motor vehicle held a reasonable belief that the use of deadly force was necessary to prevent unlawful entry thereto, or to compel an unlawful intruder to leave the dwelling, place of business, or motor vehicle when the conflict began, if both of the following occur:

(1) The person against whom deadly force was used was in the process of unlawfully and forcibly entering or had unlawfully and forcibly entered the dwelling, place of business, or motor vehicle.

(2) The person who used deadly force knew or had reason to believe that an unlawful and forcible entry was occurring or had occurred.

C. A person who is not engaged in unlawful activity and who is in a place where he or she has a right to be shall have no duty to retreat before using deadly force as provided for in this Section, and may stand his or her ground and meet force with force.

D. No finder of fact shall be permitted to consider the possibility of retreat as a factor in determining whether or not the person who used deadly force had a reasonable belief that deadly force was reasonable and apparently necessary to prevent a violent or forcible felony involving life or great bodily harm or to prevent the unlawful entry.

Added by Acts 1976, No. 655, §1. Amended by Acts 1977, No. 392, §1; Acts 1983, No. 234, §1; Acts 1993, No. 516, §1; Acts 1997, No. 1378, §1; Acts 2003, No. 660, §1; Acts 2006, No. 141, §1; Acts 2014, No. 163, §1.

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Don't steal a car...pretty simple

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You're not dealing with average intelligence. Most of these folks who commit these crimes should be considered borderline retarded.

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You could have looked up that statute on your own, but nope that is asking to much.

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i did

Huh? If they were armed, they were fair game as long as they were in range

At some point they may just decide to kill the witness

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Holy shite this dude must be a quick draw

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modern day gunslinger. pew pew mfers.

I'll agree with you on that...