1. #2941
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    Quote Originally Posted by kjcasey View Post
    He did not make his own law. Here in America we have laws stating use of deadly force is ok on a home invasion. I would say to any that think home invasion is no big deal stay out of the USA and especially ones home you just might go home in a box as you should!
    Related to the matter the use of deadly force is unjustified AFTER THE FIRST SHOTS, because the target weren't posing a threat anymore.
    And to be honest, not even in the first place as they weren't posing an imminent threat to him but that's debatable.

  2. #2942
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    Quote Originally Posted by Rukentuts View Post
    In Minnesota you are not allowed to use deadly force once the imminent threat is neutralized. Even if it's in your own home.
    However, what determines that that threat is neutralized? At the time, the one being threatened is who determines it.
    Sir Robin, the Not-Quite-So-Brave-As-Sir-Lancelot.
    Who had nearly fought the Dragon of Angnor.
    Who had almost stood up to the vicious Chicken of Bristol.
    And who had personally wet himself, at the Battle of Badon Hill.

  3. #2943
    And now that is up to a jury to decide if he felt the treat was no longer an issue. Not armchair quarterbacks!!!
    Quote Originally Posted by Rukentuts View Post
    In Minnesota you are not allowed to use deadly force once the imminent threat is neutralized. Even if it's in your own home.

  4. #2944
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    Quote Originally Posted by Purlina View Post
    Seems like it was safe enough to drag her around...
    It wasn't safe to move the boy but he did. So why would it have to be safe to move the girl?
    Sir Robin, the Not-Quite-So-Brave-As-Sir-Lancelot.
    Who had nearly fought the Dragon of Angnor.
    Who had almost stood up to the vicious Chicken of Bristol.
    And who had personally wet himself, at the Battle of Badon Hill.

  5. #2945
    Quote Originally Posted by SirRobin View Post
    However, what determines that that threat is neutralized? At the time, the one being threatened is who determines it.
    "Reasonable" is used throughout the law. In the end it will come down to the jury to decide if putting a bullet into someone's head as they lie gasping for air was "reasonable" in order to defend themselves.

  6. #2946
    Quote Originally Posted by kjcasey View Post
    And now that is up to a jury to decide if he felt the treat was no longer an issue. Not armchair quarterbacks!!!
    He admitted to dragging her around before shooting her again. He wasn't afraid to grab her body and move it around...

    ---------- Post added 2012-11-28 at 07:24 PM ----------

    Quote Originally Posted by SirRobin View Post
    It wasn't safe to move the boy but he did. So why would it have to be safe to move the girl?
    Safe for who?

    He felt safe enough to move the body. If he felt threatened why would he move closer? Why would he risk touching the body? Obviously he didn't feel like he was in danger...
    Last edited by Purlina; 2012-11-28 at 07:27 PM.

  7. #2947
    The man was clearly under duress. And can easily be dismissed by a half decent attorney
    Quote Originally Posted by Purlina View Post
    Nice try, that's what he told the police. Unless your saying the police lied.

    "'Smith described it as "a good clean finishing shot",' according to the compliant, and acknowledged he had fired 'more shots than (he) needed to'."

  8. #2948
    Quote Originally Posted by Learj View Post
    My uncle yelled at his intruder! Guess what he was stabbed over 20 times. It amazing he survived! He had a gun and choose not to use it and it almost cost him his life. Talk to him now and he will tell you "bang your dead". You never know if they are there to kill you or not. Hopefully, cases like these will send a message to criminals to stay out of people's home's. I personally will shot to kill I don't want them coming back one day to kill me! It happens do the research on it! Just my two cents!
    The reason that I, personally, would announce myself is because of the neighborhood I live in, I believe there is a near-100% chance that such an announcement would send the intruder on a pants-shitting sprint for the door.

    Before anyone jumps all over me, READ MY OTHER POSTS. I am NOT saying that the old man should have announced himself. I don't know how many fucking disclaimers I have to include with every post in order to not be misinterpreted, but I would really appreciate it if people would not even enter this discussion without reading the majority of the thread.

    Yes, I wasn't there and I don't know exactly what happened, but I have a very, very hard time believing that he had reason to consider the girl a threat after she had been shot 7 or more times and he had dragged her limp body into another room. In his deranged mind he may have thought she was still a threat, but that's not what we call reasonable, and that final shot IS what we call murder.

  9. #2949
    Quote Originally Posted by kjcasey View Post
    The man was clearly under duress. And can easily be dismissed by a half decent attorney
    I don't think you know what duress means....

  10. #2950
    Quote Originally Posted by Djalil View Post
    Related to the matter the use of deadly force is unjustified AFTER THE FIRST SHOTS, because the target weren't posing a threat anymore.
    And to be honest, not even in the first place as they weren't posing an imminent threat to him but that's debatable.
    Thats incorrect.

    One shot is not enough to stop the need for deadly force. I bet he could have fired 3-4 rounds into each teen and if he had left it at that, there would be no trial at all unless the family just wanted to push it.

    Only when the targets were nearly unconscious would they pose no threat.

    Threat was there when they broke into the home unannounced. There is no room for debate there. 2 teens against one senior adult in a community that has had a rash of break ins including his home.

    He had every right to fire more than once at each target. 3 at each target at a minimum I would bet is ok.

  11. #2951
    We cant say why he did no one can but him. Then its up to a jury of his peers.
    Quote Originally Posted by Purlina View Post
    He admitted to dragging her around before shooting her again. He wasn't afraid to grab her body and move it around...

    ---------- Post added 2012-11-28 at 07:24 PM ----------



    Safe for who?

    He felt safe enough to move the body. If he felt threatened why would he move closer? Why would he risk touching the body? Obviously he didn't feel like he was in danger...

  12. #2952
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    Quote Originally Posted by SirRobin View Post
    However, what determines that that threat is neutralized? At the time, the one being threatened is who determines it.
    And that's EXACTLY where the problem lies.
    It is not up to him to define if he's threatened or not. That would be HELL to try and regulate by law.
    Danger is an imminent threat to you. And an imminent threat is well defined.
    A body lying is not an IMMINENT threat so use of deadly force on the bodies is unjustified.
    Of course he can say something else but he'd be wrong and he'd go to prison.

  13. #2953
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    Quote Originally Posted by Purlina View Post
    Nice try, that's what he told the police. Unless your saying the police lied.

    "'Smith described it as "a good clean finishing shot",' according to the compliant, and acknowledged he had fired 'more shots than (he) needed to'."
    With, again, such a state of detachment being explainable due to him being in a state of shock at the time the statement was given. He also said "I want him dead" about the boy. Apparently in a mental state that made him unaware that the boy was already dead. Had been for over a day in fact.
    Sir Robin, the Not-Quite-So-Brave-As-Sir-Lancelot.
    Who had nearly fought the Dragon of Angnor.
    Who had almost stood up to the vicious Chicken of Bristol.
    And who had personally wet himself, at the Battle of Badon Hill.

  14. #2954
    Quote Originally Posted by kjcasey View Post
    We cant say why he did no one can but him. Then its up to a jury of his peers.
    This is a forum, not a court room. I don't see how that statement adds anything to the discussion.

  15. #2955
    Actually you dont sir you have only your opinion
    Quote Originally Posted by Purlina View Post
    I don't think you know what duress means....

  16. #2956
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    Quote Originally Posted by SirRobin View Post
    However, what determines that that threat is neutralized? At the time, the one being threatened is who determines it.
    Bang bang bang bang bang. Walk over. Drag body to another location. Bang.

    That last bang is what fucked him. Being able to move the body indicated the threat was neutralized.

    By the way; WHY THE FUCK WOULD YOU MOVE THE BODY. Stupid people do stupid things I guess. In that situation, when you fire your weapon at a home invader, as soon as the threat is down you immediately call the police, holster or place your weapon on the ground, and make sure your hands are in the air when the police show up. (And, if the invader is still alive, you should give first aid if you are so trained, but are by no means obligated to do this). You don't execute the bleeding felon and then go stack the bodies in the corner...

  17. #2957
    Quote Originally Posted by kjcasey View Post
    Actually you dont sir you have only your opinion
    Are you even trying to contribute to the thread?

  18. #2958
    You took that out of context but thats ok I understand your way of thinking.
    Quote Originally Posted by Purlina View Post
    This is a forum, not a court room. I don't see how that statement adds anything to the discussion.

  19. #2959
    Quote Originally Posted by SirRobin View Post
    With, again, such a state of detachment being explainable due to him being in a state of shock at the time the statement was given.
    SHOCK?

    He waited a day...
    He asked if they knew a good lawyer...


    Seems like he was pretty lucid.

  20. #2960
    Let me guess you are? What a joke!!!
    Quote Originally Posted by Purlina View Post
    Are you even trying to contribute to the thread?

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