Originally Posted by nogods
We'll see.
isnt there new laws on the books that could make the homeowner liable for not just damages to the other parties family, but also face criminal charges?
I mean he obviously had enough time to unlock his gun... then unlock his ammo, then load said ammo... and I bet it was dark... so unlocking it all, when your adrenilin is running high, fumbling around in the dark....
just a thought...
Willful ignorance is the downfall of every major empire in history.
"Political power grows out of the barrel of a gun." - Mao, 1938
It coulda been his own kid. This sort of thing happens a whole lot more often than shooting a real criminal. If he had time to get and load the gun, he had time to call 911.
And it's just plain stupid not to lock your doors these days. No matter where you live. STUPID.
I'm sorry but anyone who goes to bed with their doors unlocked is looking for trouble these days. There are no "nice neighborhoods" where you can leave for days with the doors unlocked anymore. I should think that would be obvious by now. That said, it's 1 in the morning, a stranger in your house who allegedly ignored repeated warnings to leave at the risk of his own safety. Had it been me in similar circumstances I doubt I would have sat him down at the kitchen table and put on a pot of coffee to talk it out. God help me but I would've done the same damned thing!
First off, NOBODY knows all of the details. Even if the door was unlocked, going from a house that is having a party to a house where a couple is either sleeping or watching TV, should be pretty obvious.
Secondly, the reports now say his wife did call 911 while he got his gun.
Thirdly, I think it is stupid to assume the homeowner would not know the difference between his own child and a stranger. We do not know what door was used or what amount of noise was made when entering. Since the home is on a Cul-de-Sac and the houses are obviously different from the front and back up to woods, it is probable that the person who was shot when out back and entered the home via the back door. Not something a child would do.
Also to be added that the reports now say the homeowner said something to the effect of 'who is there' while he was loading his gun and his wife was calling 911. A simple...it's me dad...would have prevented the possibility of the mix up.
Lastly, and once again, NOBODY knows all of the details. If the door was unlocked, it is possible the person was 10 steps in the house before the homeowner noticed. I seriously doubt the homeowner slept or watched TV with a loaded gun by his side. Especially if he kept his doors unlocked.
As someone who has had people accidentally walk into his condo, I can tell you the amount of adrenaline rushing through your body is hard to control. I found myself shaking for 20min after a plumber waked into my hallway, several steps from my front door, while I was working in my home office.
Check Out My Blog
www.creedthoughts.gov.www\creedthoughts
They're saying the guy used the back door, and when he was shot he was at the bottom of the staircase leading up to the bedrooms.
Like lefty said, there's not enough details for anyone to criticize anyone at this point. We don't know the layout of the houses, or if they are very similar, or how far the bedroom staircase was from the door. Was the door locked? Were the lights on? Wouldn't someone notice there was no party? Maybe he was drunk or thought his friends were playing a prank on him? Maybe something else entirely was going on?
It's a tragedy all around.
Based on the information available to this point, I believe the homeowner was entirely justified using deadly force to protect himself and his spouse.
Beyond whether the homeowner was justified, if the intruder was inebriated then I think the homeowner should be suing the intruder's estate for any emotional damages the homeowner might suffer from the incident and the cost of his attorney fees to deal with the matter.
If the intruder was inebriated and had gotten into a car and caused another person to run off the road, we wouldn't excuse him just because he was too drunk to know what he was doing. If he was drunk then he is responsible for all the damages caused by his inability to stay sober.
"Having a baby" is no excuse for drinking irresponsibly.
First, it has happened many times that people have inadvertently shot family members.
Second, your last paragraph explains why this can happen and also, why I don't like guns in the hands of civilians.
Does anyone know if these rumors are true? If so, and the toxicology report comes back with low blood alcohol, then we may have to rethink the view of this matter:
1. He left the party unnoticed
2. The two houses have very different entry approaches and physical characteristics
3. The party was still going on in the other house with lights and activity apparent.
4. He had to open a backyard gate to gain access to the back door of the house he entered.
It was released today that his BAC was .18, more than twice the legal limit of .08. The article also states that the homeowner told him repeatedly to get out and that he wasn't shot until he was going to walk up the stairs leading up to the bedrooms.
http://www.buffalonews.com/2010/05/0...-shot-was.html
If you don't like gay marriage blame straight people. They're the ones who keep having gay babies.
Im actually shocked the home owner hasnt been charged or a lawsuit hasnt been filed.
Willful ignorance is the downfall of every major empire in history.
"Political power grows out of the barrel of a gun." - Mao, 1938
Not for nothing, those of you who doubted me should know better.
I'm not
NY law clearly justifies the use of force
Vote for freedom, not political parties.
Politicians need to cut spending
Something is still missing from this whole scenario. Even someone that's drunk would be able to realize he's in a completely different house, with a completely different layout, and completely different people. I don't think 0.18 is so drunk that he wouldn't have any clue. Maybe I'm wrong. But the only person that really knows is dead, so I guess we'll never find out.
NYS Law change recently? From my understanding when you have a home invasion you are supposed to call police and run away. Let the home invaders do whatever they want inside your home until the police arrive.
Another words, unless there is imminent harm or deadly force being applied to you, or someone else in your home, your use of a fire arm to defend yourself is illegal.
Willful ignorance is the downfall of every major empire in history.
"Political power grows out of the barrel of a gun." - Mao, 1938
There are currently 1 users browsing this thread. (0 members and 1 guests)
Posting Permissions
Reply With Quote