NuggyBuggy said:
So the old guy kills two people robbing *his neighbor's* house and he got off ? I can't say that I think that's justice. If *his* house were being robbed and he were in imminent danger, I could see letting him walk.
Yow. I’m also shocked that he would get away with this. I’m sure he was a neighborhood hero, but community vigilantism
over property isn’t something you want to encourage…
A long while back, just out of college, I lived *juuust* on the wrong side of the tracks in L.A., so I had a firearm. I had this great book called "How to own a gun in California, and
not go to jail."
It detailed a lot of gray situations and some advice on actions. One of them was burglary and it really stuck in my head.
Here's the gist of the examples:
> If you wake up / come home and scumbag is
walking out with your {whatever}, sees you and turns to run. You are *not* in imminent danger, and if you shoot (and kill) them, you're very, very likely looking at a manslaughter charge and prison. (Your TV is not justifiable for taking their life)
If you can convince them to stop, lay down, etc to avoid getting shot, then yay. Make a citizen's arrest and hold them. Otherwise, remember as much of a description as you can, relax your trigger finger, and accept the feeling of injustice... If you chase them and give them a beat down, you might be looking at battery charges (you took the fight to them after leaving your property).
> If you wake up / come home and scumbag is
walking out with your {whatever}, sees you and charges you. You are / may-be in imminent danger, and its defensable to argue self-defense actions. Lots of variables would come into play (Did they have a weapon? Juvenile? Day/night?)
Now, slightly different scenario
> If you wake up / come home and scumbag is
in your house , you may be in imminent danger, because you don’t know their intentions, and they are within your domicile. Are they there for burglary? Rape? Worse? No one could likely argue with self-defense actions in this case.
Lesson: If they’re heading away from you, they’re probably going to harm you…
EDIT:
Lesson: If they’re heading away from you, they’re probably
not going to harm you…
Here was a great tip in that book if you have an intruder in your home (i.e. you wake up and they’re in the house) to avoid/ease the aftermath of investigations and court:
- Call the police, tell them you have an intruder.
- LEAVE THE PHONE ON and set it on the bed or something.
- Loudly announce to the intruder that you are armed. You have now officially warned them of a deadly force response (and it’s been recorded by the police).
- If they keep coming or go after your family, it is pretty much indisputable self defense.