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  #1  
Old 09-13-2012, 02:34 PM
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self defense?

Man comes home in response to a call from his son about a stranger lurking on their property. The lurker had pulled a knife on the son.

Trespasser refuses to leave and 911 is called. Witnesses corroborate that the property owner fired a warning shot into the ground, whereupon the trespasser puts his hand in his pocket and charges the property owner. Property owner shoots the perp in the head, killing him. A knife is found in the perp's pocket.

Police rule self defense. A year later the property owner is prosecuted anyway and sent to jail forever and ever.

NAACP Fights for Release of John McNeil

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Old 09-13-2012, 03:04 PM
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In most states, unless the shooting happens inside the house, it's not a righteous shoot.
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Old 09-13-2012, 03:09 PM
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Originally Posted by jplinville View Post
In most states, unless the shooting happens inside the house, it's not a righteous shoot.

In Texas you are legal in your right to protect yourself AND your property wherever you are. The problem is that even if you aren't indicted by the Grand Jury, a civil suit is absolutely guaranteed. Of course, fighting a civil suit would seem to be better than the alternative of being carried in a coffin by six.
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Old 09-13-2012, 03:25 PM
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Originally Posted by jplinville View Post
In most states, unless the shooting happens inside the house, it's not a righteous shoot.
Not anymore. At least 14 states have strong castle doctrine laws, including GA. Georgia's law went into effect the same year this fellow was sentenced. The town where he lives requires the head of household to possess at least one handgun. His neighbors, all white, testified in his behalf, so did the local police, again all white. Local police refused to arrest him when the prosecutor decided to pursue the case and county sheriffs had to do it.
Interesting case.
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  #5  
Old 09-13-2012, 04:18 PM
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Is it the general opinion that if a citizen-victim is obeying the law and is threatened or attacked by another person causing the victim to fear for his life, that the citizen is justified in using deadly force?
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Old 09-13-2012, 05:07 PM
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Is it the general opinion that if a citizen-victim is obeying the law and is threatened or attacked by another person causing the victim to fear for his life, that the citizen is justified in using deadly force?
IMO, "fearing" for your life and actually having your life at stake are two different things. In this case, assuming the story we are presented is true, the man's life was at stake with a man charging him in possession of a knife. Assuming the facts are correct, I agree it is self-defense.
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Old 09-13-2012, 05:24 PM
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I'm glad I don't live in that county.
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Old 09-13-2012, 05:54 PM
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Originally Posted by Botnst View Post
Is it the general opinion that if a citizen-victim is obeying the law and is threatened or attacked by another person causing the victim to fear for his life, that the citizen is justified in using deadly force?
General opinion of whom?
It certainly is mine, and most particularly if the attacker is trespassing on the victim's property. Indoors or out, no matter.
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  #9  
Old 09-13-2012, 07:01 PM
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yes.

Around here I was always told to make sure they die inside my home.
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Old 09-13-2012, 07:12 PM
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Quote:
Originally Posted by elchivito View Post
Trespasser refuses to leave and 911 is called. Witnesses corroborate that the property owner fired a warning shot into the ground, whereupon the trespasser puts his hand in his pocket and charges the property owner. Property owner shoots the perp in the head, killing him. A knife is found in the perp's pocket.
Therein lies the problem as I see it. You fire a warning shot, he puts the knife away so right now, all he has is his bare hands charging at you. Would that not be considered using deadly force against someone who isn't using deadly force? Perhaps he should have shot first when the knife was being waved around?
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  #11  
Old 09-13-2012, 07:54 PM
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It sounds like the law was changed between the time the issue took place and the time of prosecution. He was probably tried under the new law and that wouild be fundemaentally wrong.

From a common sense point of view who would attack someone holding a rifle or initiate an attack after a round was fired into the ground.Some people out there are just not too bright.
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  #12  
Old 09-13-2012, 07:57 PM
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I believe in Texas the area covered physically by your house like inside and the porch are a sure thing. Areas like the yard are more of a gray area...
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  #13  
Old 09-13-2012, 07:57 PM
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and you never fire warning shots...
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  #14  
Old 09-13-2012, 08:20 PM
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Anyone see this story?




Photos of dead police officer posted outside Tennessee farm

Two brothers who shot and killed a sheriff's deputy have placed photos of the slain lawman outside the entrance of their farm, calling it a "warning" to other law enforcement officials.

Photos of dead police officer posted outside Tennessee farm | The Sideshow - Yahoo! News
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  #15  
Old 09-13-2012, 09:56 PM
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Originally Posted by barry123400 View Post
It sounds like the law was changed between the time the issue took place and the time of prosecution. He was probably tried under the new law and that wouild be fundemaentally wrong.

From a common sense point of view who would attack someone holding a rifle or initiate an attack after a round was fired into the ground.Some people out there are just not too bright.
And unconstitutional, IIRC. Is there a lawyer in the house?

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