If you were on a jury.... - New England Patriots Forums

***mgcolby*** · 06-20-2006, 11:16 AM

http://www.cjob.com/news/index.aspx?...ocal&rem=40859

Would you convict a man for shooting at a fleeing robber(s) who just kicked in your door?

Quote:

Two suspects in a weekend home invasion went straight to the police after the incident... because the homeowner shot at them.

According to police, it happened about 3 o'clock Saturday afternoon, 45 kilometres north of Roblin.
Two men kicked in the front door of the home, and the property owner grabbed a firearm.
At that point the invaders left... but as they were going, a shot was fired at their vehicle and hit the driver.
The culprits drove to Russell to complain to the RCMP.
The driver was treated for his injuries and released to the police.
Now, 28 year old Harvey Joseph Young is charged with Attempted Murder, along with eight other weapons and firearm-related charges.
Fifty- year- old Terry Eldred Curle of Russell and 37 year old Darren Norman Lindsay of Roblin face several charges each in connection with the home invastion attempt. CJOB's Nelson Williams reporting.

***mgcolby*** · 06-20-2006, 11:19 AM

I realize this doesn't dig deep into the details but all things being equal and if the person was a law abiding citizen, I know that it states he faces other weapons charges.

***BelichickFan*** · 06-20-2006, 11:21 AM

Definitely not.

bmf31c · 06-20-2006, 11:29 AM

Going by the limited details, in a normal Rule of Engagement, they (the door kickers) really were no longer posing a threat to the firer. If I was on the jury I would have a hard time not feeling for the guy, but I think he is wrong. If he shot them coming in the door, I would be okay with that, but already in the car and driving away? I don't see how that is defenseable.

***DarrylS*** · 06-20-2006, 11:29 AM

I agree to the right to defend your own home, the only sticking point might be that as they were driving away they were shot in the back.. that might prove interesting. I firmly believe that if someone enters your home and threatens you and your family, self defense with a weapon is in order.

bmf31c · 06-20-2006, 11:29 AM

Quote:

Originally Posted by GJAJ15

I agree to the right to defend your own home, the only sticking point might be that as they were driving away they were shot in the back.. that might prove interesting. I firmly believe that if someone enters your home and threatens you and your family, self defense with a weapon is in order.

I agree, more eloquent than the way I put it.

***DarrylS*** · 06-20-2006, 11:34 AM

Thanks for the +++...

***Patters*** · 06-20-2006, 11:40 AM

Yes, I would convict him, but I don't think he deserves much of a sentence. The homeowner should have called the police instead. Imagine if they were violent criminals -- and got away, they might come back for revenge.

When I was a kid, my older brother arrived home to our empty house and heard someone inside. By chance, a policemanwas driving by, and my brother flagged the cop down. The cop went into the house, and saw someone walking downstairs with his hand posed as if holding a gun. The cop drew his weapon. It turned out to be a dumb practical joke by a friend of my brother's. Thankfully it did not end in tragedy.

More than once in my life I have inserted my key into the wrong apartment door or the wrong car door. Would you think it okay for someone to have killed me for that?

The danger in shooting someone who's fleeing is that it could be a mistake. The guy should have gotten a description and gone to the police. To me, that short article makes me think the homeowner was criminal.

***mgcolby*** · 06-20-2006, 11:49 AM

Aside from rape, I can't think of something more personal than breaking into someone's home especially with them in it. IMO once a would be robber enters a house the homeowner should be immune from prosecution for his reaction in the face of that threat, even if it is shooting the robber as he tries to flee. It becomes a simple process for me, if the bad guy doesn't break in he doesn't put himself in a position to be shot at by that homeowner.

***mgcolby*** · 06-20-2006, 11:53 AM

Quote:

Originally Posted by Patters

Yes, I would convict him, but I don't think he deserves much of a sentence. The homeowner should have called the police instead. Imagine if they were violent criminals -- and got away, they might come back for revenge.

When I was a kid, my older brother arrived home to our empty house and heard someone inside. By chance, a policemanwas driving by, and my brother flagged the cop down. The cop went into the house, and saw someone walking downstairs with his hand posed as if holding a gun. The cop drew his weapon. It turned out to be a dumb practical joke by a friend of my brother's. Thankfully it did not end in tragedy.

More than once in my life I have inserted my key into the wrong apartment door or the wrong car door. Would you think it okay for someone to have killed me for that?

The danger in shooting someone who's fleeing is that it could be a mistake. The guy should have gotten a description and gone to the police. To me, that short article makes me think the homeowner was criminal.

What?
What if they were violent criminals and were there to kill him but because he had a gun they ran? It goes back to self responsibility and honestly I am in awe of your failure to place blame appropriately.