General Another One: self defense or no?

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Self Defense?

  • Yes

  • No

  • Yes because Texas


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BeardOfKnowledge

The Most Consistent Motherfucker You Know
Jul 22, 2015
60,549
56,270
Probably doesn't matter. There's a famous case here where a guy claimed Castle doctrine. After shooting some people running away with items stolen from his neighbor's house. The neighbor had told him to please keep an eye on his house while he was gone. Neighbor saw it being robbed came over and shot the guys in the back with a shotgun. He got off. The 911 tape is out there.
A few years ago, in Ontario we had a guy hear a noise in his garage. He got a shotgun and went out to the garage to confront the guy whom he then shot. Found innocent by reason of self defense. Got appealed, and won that too. It's now being appealed to the supreme court. I don't think he even bothered to call the cops.
 

Splinty

Shake 'em off
Admin
Dec 31, 2014
44,116
91,096
A few years ago, in Ontario we had a guy hear a noise in his garage. He got a shotgun and went out to the garage to confront the guy whom he then shot. Found innocent by reason of self defense. Got appealed, and won that too. It's now being appealed to the supreme court. I don't think he even bothered to call the cops.
In that case, since the other guy's dead and no one was around, I guess it would be pretty easy to claim. The intruder you encountered attacked you. But even then, I'm not really that upset. If somebody accidentally kills a robber. You're at home. It's quiet. You're hanging out and boom. There's a stranger in the house. I'm not real interested in mincing details to figure out if that person was going to do the homeowner harm or not.

In the case I linked above with the 911 call video, the guy sees his neighbor's house being robbed. 911 operator tells him do not go outside. Do not go anywhere. The guy literally walks from one house to the other house with the state and attention to shoot the guys to prevent them leaving with the stuff they are robbing. My Texas law that is legal. You can shoot somebody and broad daylight in the back. Who is fleeing with property without any dollar amount on that property. I understand that some people are pretty excited about that, but at some point that law doesn't seem to really reflect what I think any of us would want society's morals to be. Be. If you were running away with anything at all, even a number two pencil, I can shoot the kill under the stated effort of preventing the loss of that property. And apparently that expands to your neighbor as long as you have some reasonable claim and expectation from that neighbor that you'll keep an eye on their stuff.
 

Shinkicker

For what it's worth
Jan 30, 2016
10,316
13,917
I agree.


But let's try to play some defense attorney logic here...

The guy with a gun is tiny and will claim Castle doctrine and with constitutional carry allowed He's under no obligation to hide his firearm on his own property...of anywhere else I guess but the law.

He will then state that the gun went off accidentally as the other guy went for the gun.

Then comes the Kyle rittenhouse defense that he had to shoot him because if he took the gun from him then it would be a threat to his life.

I don't agree with any of this logic, but I could conceivably see a string of lawyering logic that gets this guy off.

And once again let me publicly state my hatred for the idea that if I am carrying a gun that I need to use that gun because my gun might get taken making lethal defense an option we're at normally would not be. But that's what was argued recently and I could see it come up again here.
Great job in this thread! I am preparing your TMMAC Law certificate.
 

Splinty

Shake 'em off
Admin
Dec 31, 2014
44,116
91,096
Great job in this thread! I am preparing your TMMAC Law certificate.
The day that I can sit in the comfort of my own home with no pants on arguing a case on a forum for a virtual judge and jury is the day that I go back to law school... Better call splinty
 

Filthy

Iowa Wrestling Champion
Jun 28, 2016
27,507
29,834
In that case, since the other guy's dead and no one was around, I guess it would be pretty easy to claim. The intruder you encountered attacked you. But even then, I'm not really that upset. If somebody accidentally kills a robber. You're at home. It's quiet. You're hanging out and boom. There's a stranger in the house. I'm not real interested in mincing details to figure out if that person was going to do the homeowner harm or not.

In the case I linked above with the 911 call video, the guy sees his neighbor's house being robbed. 911 operator tells him do not go outside. Do not go anywhere. The guy literally walks from one house to the other house with the state and attention to shoot the guys to prevent them leaving with the stuff they are robbing. My Texas law that is legal. You can shoot somebody and broad daylight in the back. Who is fleeing with property without any dollar amount on that property. I understand that some people are pretty excited about that, but at some point that law doesn't seem to really reflect what I think any of us would want society's morals to be. Be. If you were running away with anything at all, even a number two pencil, I can shoot the kill under the stated effort of preventing the loss of that property. And apparently that expands to your neighbor as long as you have some reasonable claim and expectation from that neighbor that you'll keep an eye on their stuff.
only irresponsible gun owners would have a loaded firearm accessible enough to confront an intruder.
 

Splinty

Shake 'em off
Admin
Dec 31, 2014
44,116
91,096
only irresponsible gun owners would have a loaded firearm accessible enough to confront an intruder.
We will allow you to shoot a robber in the back while he's running away with a coffee mug in broad daylight...

But nobody is going to send Britney Spears toxic while substituting without feeling the repercussions of the state


 

mysticmac

First 1025
Oct 18, 2015
15,089
17,797
The day that I can sit in the comfort of my own home with no pants on arguing a case on a forum for a virtual judge and jury is the day that I go back to law school... Better call splinty
Isn't that why you made this forum?
 

Shinkicker

For what it's worth
Jan 30, 2016
10,316
13,917
only irresponsible gun owners would have a loaded firearm accessible enough to confront an intruder.
My house is almost like Fort Knox. It would take them a minute to gain entry. If I'm asleep it wouldn't matter if I had a gun under my pillow. I sleep like a rock.

I had someone try to break into my house a couple of years ago. They were at the front door. I was at the back door ready to run if they made it inside. I had a knife and on the phone with 911. The gave up and left but the cops caught them about 100 yards from my house.

Later my husband asked me why I didn't get the gun. I would have had time. I cannot explain it but it didn't even cross my mind at the time.
 

Filthy

Iowa Wrestling Champion
Jun 28, 2016
27,507
29,834
My house is almost like Fort Knox. It would take them a minute to gain entry. If I'm asleep it wouldn't matter if I had a gun under my pillow. I sleep like a rock.

I had someone try to break into my house a couple of years ago. They were at the front door. I was at the back door ready to run if they made it inside. I had a knife and on the phone with 911. The gave up and left but the cops caught them about 100 yards from my house.

Later my husband asked me why I didn't get the gun. I would have had time. I cannot explain it but it didn't even cross my mind at the time.
I know two people who have awoken to someone standing at the end of their bed.
 

mysticmac

First 1025
Oct 18, 2015
15,089
17,797
I want to hear the story if you're okay with sharing.
It isn't all that interesting.

About a month or so ago, I was asleep in bed at around 3-3:30am when I hear my door shut. It is a bit of a heavy door, so if you just let it swing shut without grabbing it and closing it yourself, it is a bit loud. So thought, "WTF?" and roll over in bed. There was a guy standing in my bedroom doorway. His hands were at his side, and I could easily see there was nothing in his hands. He was kind of a small dude and was wearing skinny jeans and a small t-shirt, so I was pretty sure he didn't have any weapons on him and was confident I could literally pick him up and throw him if need be.

I don't remember if I said, "Who the F are you?" or "What the F are you doing here?", but anyway, I got up and said, "You gotta go." and grabbed him by the shoulders and walked him out the door and locked it. Then, I went back to sleep.

Thinking back, I went to Costco that day, so I think I had my hands full when I got home and forgot to lock my door. There was a party that night on the floor that I live on, so I'm guessing the guy was a drunk party goer that got lost and started trying door knobs. The weirdest part is that he didn't say or really do anything the entire time, so I don't really know where he came from. I also have no idea where he went after I closed my door. I haven't seen him since.

Since this is another gun related thread, I guess I should point out that I had a loaded gun on my nightstand that I walked past to show the guy the door. Like I said, he didn't pose any real threat to me. He was just a drunk guy stumbling around and my dumbass left my door unlocked.
 

John Lee Pettimore

Further south than you
May 18, 2021
6,302
6,762
It isn't all that interesting.

About a month or so ago, I was asleep in bed at around 3-3:30am when I hear my door shut. It is a bit of a heavy door, so if you just let it swing shut without grabbing it and closing it yourself, it is a bit loud. So thought, "WTF?" and roll over in bed. There was a guy standing in my bedroom doorway. His hands were at his side, and I could easily see there was nothing in his hands. He was kind of a small dude and was wearing skinny jeans and a small t-shirt, so I was pretty sure he didn't have any weapons on him and was confident I could literally pick him up and throw him if need be.

I don't remember if I said, "Who the F are you?" or "What the F are you doing here?", but anyway, I got up and said, "You gotta go." and grabbed him by the shoulders and walked him out the door and locked it. Then, I went back to sleep.

Thinking back, I went to Costco that day, so I think I had my hands full when I got home and forgot to lock my door. There was a party that night on the floor that I live on, so I'm guessing the guy was a drunk party goer that got lost and started trying door knobs. The weirdest part is that he didn't say or really do anything the entire time, so I don't really know where he came from. I also have no idea where he went after I closed my door. I haven't seen him since.

Since this is another gun related thread, I guess I should point out that I had a loaded gun on my nightstand that I walked past to show the guy the door. Like I said, he didn't pose any real threat to me. He was just a drunk guy stumbling around and my dumbass left my door unlocked.
So just to be clear...... if he felt like it, he could have picked up your loaded gun from your nightstand and walked out the door with it without you ever waking up, and now it's another one of the millions of illegal stolen guns on the street......... and you're telling us that you're a responsible gun owner? :smile:

??
 

mysticmac

First 1025
Oct 18, 2015
15,089
17,797
So just to be clear...... if he felt like it, he could have picked up your loaded gun from your nightstand and walked out the door with it without you ever waking up, and now it's another one of the millions of illegal stolen guns on the street......... and you're telling us that you're a responsible gun owner? :smile:

??
No, he couldn't. He would have had to get past me to do that, and he had no way of knowing it was there anyway.