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re: Lafayette baw arrested for shooting at people trying to rob him

Posted on 3/13/23 at 10:10 am to
Posted by SeeeeK
some where
Member since Sep 2012
30763 posts
Posted on 3/13/23 at 10:10 am to
Ah,. You jackasses finally figuring out that u cannot just shoot at or shoot people on your property.

Your life has to be in jeopardy.

Had he let them onto property, let them make first move, then he can shoot them.

U rednecks better start learning what the actual laws are. You morons thought u could just start shooting colored people who came near ur land. I remember the,"if BLM comes on my property I'll legally shoot them". Lol.
Posted by SG_Geaux
Beautiful St George, LA
Member since Aug 2004
80686 posts
Posted on 3/13/23 at 10:12 am to
quote:

They were on his property to commit theft. They were actively trying to harm him, dumbass.


That's not how it works.
Posted by High C
viewing the fall....
Member since Nov 2012
60980 posts
Posted on 3/13/23 at 10:15 am to
quote:

You jackasses


quote:

U rednecks


quote:

You morons


Posted by Steadyhands
Slightly above I-10
Member since May 2016
7155 posts
Posted on 3/13/23 at 10:23 am to
quote:

quote:
Dumbass should not have shot at them unless they were actively trying to harm him, but shooting at the ground should be perfectly okay.


You’re a fricking idiot.

They were on his property to commit theft. They were actively trying to harm him, dumbass.


So theft is harm now? Know the laws where you live.

You would end up in jail like this guy. Maybe I misread OP, but if they trespassed the property, why not fire some warning shots before shooting to kill? You can have all the opinion you want on it, but what you want and what he law says are not the same thing. I'm going to protect my property, but I am also going to do so with staying out of jail. Behind bars, you aren't protecting a damn thing.
Posted by tadman
Member since Jun 2020
5439 posts
Posted on 3/13/23 at 10:25 am to
quote:

his apartment was broken into. ... He grabbed his gun and started firing


Honest question: what are the chances those shots are going through dryway into another apartment?

Years ago as a student, I suspected the guy in the apartment below me was dealing. He showed me a few guns and always had lots of cash, and openly told me he needed a gun because people knew he carried a lot of cash. It freaked me out that if he got robbed and started shooting one would come through the floor and hit me.
Posted by Loup
Ferriday
Member since Apr 2019
16968 posts
Posted on 3/13/23 at 10:25 am to
quote:

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.


Posted by MardiGrasCajun
Dirty Coast, MS
Member since Sep 2005
6020 posts
Posted on 3/13/23 at 10:30 am to
quote:

Still shouldn’t have been on good property to steal.


Can't just shoot at a person on your property. They need to be attempting entry into the dwelling.

You OK with folks shooting at the mailman? How about a kid thats just going to get his ball that went over the fence? What about Ms Mee Maw chasing after her dog that went on your property?

Call the police if you don't want someone on your property. Kill them if they attempt entry before the police arrive. Seems simple enough to me.
Posted by Old Money
LSU
Member since Sep 2012
41778 posts
Posted on 3/13/23 at 10:31 am to
quote:

So, basically wait by the door and blast them when they jiggle the knob?


Curious what the legal baws have to say about this. I believe if someone is actively breaking in you are justified depending on where you live, but what counts as breaking in vs jiggling a door knob? One can argue both are equivalent.
Posted by Earnest_P
Member since Aug 2021
5488 posts
Posted on 3/13/23 at 10:32 am to
So if people are on your property stealing things, you can pull a gun (like a cop would) and order them to stop, get on the ground, etc.
If they run away, you can’t shoot them.

Is that about right?
Posted by Old Money
LSU
Member since Sep 2012
41778 posts
Posted on 3/13/23 at 10:34 am to
I don’t think you could kill someone over theft if they aren’t immediately threatening your life. Like if someone is only stealing your car, you can’t just shoot them due to that alone.
Posted by Earnest_P
Member since Aug 2021
5488 posts
Posted on 3/13/23 at 10:35 am to
Right but can you pull a gun and arrest them?
Posted by USMCguy121
Northshore
Member since Aug 2021
6332 posts
Posted on 3/13/23 at 10:37 am to
frick the law if that's the case, it ensures the victim is on the backstep and puts their lives at more risk than the perp.


judge by 12 or carry by 6 are your options. Say you saw a gun, 9 times out of 10 they will have one anyway, especially in louisiana.

downvoters, go frick yourselves.
This post was edited on 3/13/23 at 10:40 am
Posted by cheobode
Member since Dec 2017
1545 posts
Posted on 3/13/23 at 10:38 am to
I was always told, if you shoot them in your home, you're fine. If you shoot them in your yard, you better hope they have a gun or a knife, or drag the body into your house.
Posted by Earnest_P
Member since Aug 2021
5488 posts
Posted on 3/13/23 at 10:41 am to
quote:

If you shoot them in your yard, you better hope they have a gun or a knife, or drag the body into your house


What, and hope that Barney Fife is investigating?
I don’t ever want to shoot someone unless it’s necessary for self-defense, I’m just trying to understand what right a homeowner does have if someone is on their property (outside) committing a crime.
Posted by Steadyhands
Slightly above I-10
Member since May 2016
7155 posts
Posted on 3/13/23 at 10:46 am to
quote:

quote:
Dumbass should not have shot at them unless they were actively trying to harm him


Now you have to know the intent of the people who climb your fence and enter your property to steal before you can defend it?


You can defend your property without jumping straight to shooting someone. If you personally can't, then be prepared for a long legal battle, or get into the practice of waiting for police.

I'm not agreeing with the process or saying that's how it should be, but that's how it is. The guy in the OP had the same opinion as you, look where it got him.
Posted by Old Money
LSU
Member since Sep 2012
41778 posts
Posted on 3/13/23 at 10:48 am to
quote:

Right but can you pull a gun and arrest them?


I think this is honestly a grey area. You are fearful for your life because someone is stealing on your property and you don’t know what their intentions. My gut says I would draw my weapon but don’t shoot if they run away. Anything else like they come towards me and they are getting shot

I guess don’t bother unless they are actively trying to break into your home. Not worth it.
This post was edited on 3/13/23 at 10:49 am
Posted by Bjorn Cyborg
Member since Sep 2016
35493 posts
Posted on 3/13/23 at 10:50 am to
Are all the purveyors of culture in New Orleans charged with attempted murder when they shoot 97 times and wing 1 dude in the shoulder?

Seems they are always lightly charged.
Posted by Loup
Ferriday
Member since Apr 2019
16968 posts
Posted on 3/13/23 at 10:50 am to
quote:

I don’t ever want to shoot someone unless it’s necessary for self-defense, I’m just trying to understand what right a homeowner does have if someone is on their property (outside) committing a crime.


The smart thing to do is stay inside and wait on the cops if you can do so safely. If you end up in legal trouble it's expensive regardless of the outcome.

quote:

I’m just trying to understand what right a homeowner does have if someone is on their property (outside) committing a crime.


From how I understand it if you go out and confront them and they attack you then you're justified if the threat is reasonable. If you confront them/try to detain them and you shoot them while they're running away you're gonna have some trouble.

This post was edited on 3/13/23 at 10:57 am
Posted by Earnest_P
Member since Aug 2021
5488 posts
Posted on 3/13/23 at 10:54 am to
quote:

From how I understand it if you go out and confront them and they attack you then you're justified. If you confront them/try to detain them and you shoot them while they're running away you're gonna have some trouble.


This is what makes sense to me as well. Seems like good law.
Posted by EthicalHedonist
Member since Mar 2020
366 posts
Posted on 3/13/23 at 10:58 am to
Louisiana is pretty low on the list of states where I’d like to ask the people coming onto my property to steal from me while I’m there whether they intend to harm me or not before I can protect myself.
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