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Ohio Burglar Sues the Victim Who Shot Him
armedselfdefense.blogspot.com/ ^ | 02/10/10 | Sasparilla

Posted on 02/10/2010 7:28:24 AM PST by Sasparilla

A Lima, Ohio Burglar has sued the man whose home he invaded and who shot him. Nineteen year old Jack White has sued 54 year old Stephen White (no relation), saying that Stephen White shot him intentionally. The younger man says that the gunshot caused serious injuries and a disability. His medical bills have reached over $35,000.00. Stephen White had just returned to his home last February and found Jack White and two others in his yard. Jack had just broken into Stephen’s house and was running back to his own house nearby with a rifle and other things he had stolen from Stephen’s house.

The elder Mr. White chased Jack. He confronted Jack, and the rifle that Jack had just stolen went off during a struggle for it.

A Judge has sentenced Jack White to two years in prison, and told him that he had no right to be in another man’s home. Jack is well on his way to being a career criminal. He has a long juvenile record that includes other breaking and entering, assaults, thefts, and criminal trespassing convictions.

To further complicate the case, Stephen White faces Felonious Assault charges and a charge of...

(Excerpt) Read more at armedselfdefense.blogspot.com ...


TOPICS: Government; Politics
KEYWORDS: banglist; blamethevictim; selfdefense; takingoutthetrash
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1 posted on 02/10/2010 7:28:25 AM PST by Sasparilla
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To: Sasparilla

Of course he shot him intentionally. Unfortuneately it wasn’t fatal.


2 posted on 02/10/2010 7:31:10 AM PST by GeronL (Dignity is earned from yourself. Respect is earned from others.)
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To: Sasparilla

Campaign for a castle law in your state.


3 posted on 02/10/2010 7:32:02 AM PST by CurlyDave
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To: Sasparilla

Practice “Point Shooting” and there will be fewer lawsuits!


4 posted on 02/10/2010 7:32:11 AM PST by G Larry (DNC is comprised of REGRESSIVES!)
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To: Sasparilla
There is a lesson to be learned here; aim better.
5 posted on 02/10/2010 7:32:26 AM PST by fungoking (Tis a blessing to live in the Ozarks.)
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To: GeronL

my thoughts exactly


6 posted on 02/10/2010 7:33:44 AM PST by wheninthecourse
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To: Sasparilla
If both the punk burglar and the jury are “of color” then he'll win.Hopefully the homeowner has “the good hands people”.
7 posted on 02/10/2010 7:34:31 AM PST by Gay State Conservative (Host The Beer Summit-->Win The Nobel Peace Prize!)
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To: Sasparilla

Poor gun control = Live injured criminal
Good Gun Control = center of body mass = dead criminal


8 posted on 02/10/2010 7:34:53 AM PST by US Navy Vet
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To: Sasparilla

He should write the homeowner a thank-you-note for not blowing his head clean off.

SnakeDoc


9 posted on 02/10/2010 7:35:13 AM PST by SnakeDoctor (Life is tough; it's tougher if you're stupid. -- John Wayne)
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To: Sasparilla

“Ohio Burglar has sued the man whose home he invaded and who shot him”....

He should be sued because he didn’t kill him....


10 posted on 02/10/2010 7:35:45 AM PST by AngelesCrestHighway
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To: CurlyDave

It goes way beyond that.
They were out of the “castle” and off the property.

The questions arise,
“Do citizens have a right to protect their property?”
“Do citizens have the right and obligation to stop crime?”


11 posted on 02/10/2010 7:35:54 AM PST by SJSAMPLE
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To: wheninthecourse

How does that even get allowed into court? This ain’t England.


12 posted on 02/10/2010 7:36:34 AM PST by GeronL (Dignity is earned from yourself. Respect is earned from others.)
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To: Sasparilla

Cheaper to pay funeral costs than medical costs.


13 posted on 02/10/2010 7:37:17 AM PST by goldi (')
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To: fungoking

And finish the job.


14 posted on 02/10/2010 7:39:30 AM PST by dumpthelibs (dumpthelibs)
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To: CurlyDave
I think we already do:

Governor Strickland signs SB184, Ohio's Castle Doctrine Law

I hope it applies here.

15 posted on 02/10/2010 7:40:34 AM PST by Sister_T (Stealing from the rich to give to the poor is still stealing ... Exodus 20:15)
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To: AngelesCrestHighway

No. He should be sentenced to weekend confinement for a year at a shooting range or until his aim improves.


16 posted on 02/10/2010 7:40:36 AM PST by achilles2000 (Shouting "fire" in a burning building is doing everyone a favor...whether they like it or not)
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To: SJSAMPLE

Citizens do not have the right to use lethal force to protect their property. This is settle law. (Katko vs. Briney.)


17 posted on 02/10/2010 7:41:30 AM PST by Eric in the Ozarks (Impeachment !)
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To: GeronL
How does that even get allowed into court? This ain’t England.

Anyone can file suit against someone for anything. This appears to be a civil suit brought by the wounded home invader and it'll probably get laughed out of court.

Steven White's real concern are the criminal charges filed against him for unlawful gun possession. Sounds like he might have had a checkered past himself and, as such, is no longer allowed to legally defend himself with a firearm.

18 posted on 02/10/2010 7:43:09 AM PST by Drew68
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To: fungoking

anything worth shooting once is worth shooting twice.


19 posted on 02/10/2010 7:43:38 AM PST by WOBBLY BOB (ACORN:American Corruption for Obama Right Now)
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To: Eric in the Ozarks

Is that a local law?
Because in Texas, and a few other states, you do.


20 posted on 02/10/2010 7:43:48 AM PST by SJSAMPLE
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To: Sasparilla

“...and the rifle that Jack had just stolen went off during a struggle for it.”
__________________________________________________________

Any good attorney will get Stephen off ... with unintended consequence of the theft and struggle. Good.


21 posted on 02/10/2010 7:52:21 AM PST by geologist (The only answer to the troubles of this life is Jesus. A decision we all must make.)
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To: SJSAMPLE
The perp was injured by the property he stole.

"He confronted Jack, and the rifle that Jack had just stolen went off during a struggle for it."

22 posted on 02/10/2010 7:55:33 AM PST by Deaf Smith
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To: Sasparilla

bump


23 posted on 02/10/2010 7:56:23 AM PST by VOA
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To: Deaf Smith

He wasn’t struggling WITH the rifle.
He was struggling FOR the rifle.
That means another party (the owner).

It’s a shame that they’re going after the proprty owner, who was trying to get HIS property back.


24 posted on 02/10/2010 8:00:35 AM PST by SJSAMPLE
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To: Sasparilla

Red some of the other stories on that site. Especially the one about the years worst robbery.


25 posted on 02/10/2010 8:05:55 AM PST by gigster
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To: Sasparilla

In Ohio, deadly force can be used only to prevent serious bodily harm or death. Deadly force can never be used to protect property only. Depending on the specific facts and circumstances of the situation, use of deadly force may lead to criminal charges and/or civil liability.


26 posted on 02/10/2010 8:06:33 AM PST by j_guru
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To: SJSAMPLE
I hate to say it but this would have been better handled by a LEO.
Although: When seconds count the police are only minutes away.
27 posted on 02/10/2010 8:07:51 AM PST by GranTorino (Bloody Lips Save Ships.)
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To: Sasparilla
To further complicate the case, Stephen White faces Felonious Assault charges from the government and a charge of having a firearm when he had been previously ordered by the government to not possess one.

Government prosecutors believe that Stephen White pulled the trigger. He is going to trial on these charges in late spring, and could be sentenced to 12 years in prison. ++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++ Oh yeah, government going after the victim.

Go government!!

28 posted on 02/10/2010 8:10:57 AM PST by dragnet2
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To: Sasparilla

The American court system, as it now stands, appears to exist to give lawyers a job.


29 posted on 02/10/2010 8:19:06 AM PST by brytlea (Jesus loves me, this I know.)
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To: brytlea

12Ga Shotgun- #4 birdshot followed by 00Buckshot and this would never be a problem for anyone.


30 posted on 02/10/2010 8:23:16 AM PST by Pavegunner72
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To: Eric in the Ozarks
Citizens do not have the right to use lethal force to protect their property. This is settle law. (Katko vs. Briney.)

That information is either out of date or doesn't apply nationwide. A number of states have laws explicitly allowing use of deadly force to protect property.

31 posted on 02/10/2010 8:25:58 AM PST by Still Thinking (Quis custodiet ipsos custodes?)
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To: GranTorino

The only way it would be handled better is because of the LEO’s qualified immunity.

If citizens were granted the same “privelege”, you’d see better results because they don’t have to wait 10 minutes for a report writer to show up.

Remember, a hundred years ago we didn’t have a police force for EVERYTHING. Nowadays, they show up for lawn infractions, arguments, et al. Back then, you had a Sheriff and a hundred good citizens to back him up. We’ve outsourced our responsibilities to bureaucrats.


32 posted on 02/10/2010 8:26:09 AM PST by SJSAMPLE
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To: Sasparilla
To further complicate the case, Stephen White faces Felonious Assault charges and a charge of having a firearm when he had been previously ordered by the Court to not possess one. Prosecutors believe that Stephen White pulled the trigger. He is going to trial on these charges in late spring, and could be sentenced to 12 years in prison.

In a struggle with a rifle I find it unlikely that anyone gets shot unless someone is grabbing the barrel towards themselves. What I find a lot more plausible is that Stephen White grabbed the rifle and then shot the burglar.

Much to my regret, I tend to believe the Burglar that this was not a shooting in self defense.

33 posted on 02/10/2010 8:33:28 AM PST by LeGrande (The government wants to make a new Government program (Health Care) to fix Medicare and Medicaid.)
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To: Sasparilla

Countersuit: if not for the commission of the crime, the homeowner would not have been subject to a do-or-die decision and its consequences. Whatever the perp demands, homeowner should demand 100x.


34 posted on 02/10/2010 8:42:17 AM PST by ctdonath2 (Pelosi is practically President; the Obama is just her talk show host.)
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To: Sasparilla

I’ll be happy to prosecute the cross complaint.


35 posted on 02/10/2010 8:47:25 AM PST by Defiant (But for Reagan, we would be socialist already. But for the Bushes, we would be rid of socialism.)
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To: ctdonath2
Causes of Action:

1. Trespass;
2. Trespass to chattells;
3. Conversion;
4. Intentional infliction of emotional distress;
5. Negligent infliction of emotional distress;
6. Assault and battery.

I think I can get a jury to award way more than the perp might get for injuries. A little discovery, expose what a creep the perp is, and the case will go away. They probably filed because they think they can get at some homeowners insurance. Don't give the bastard a penny!

36 posted on 02/10/2010 8:54:12 AM PST by Defiant (But for Reagan, we would be socialist already. But for the Bushes, we would be rid of socialism.)
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To: Sasparilla

A dead perp can’t sue. More range time required.


37 posted on 02/10/2010 8:57:30 AM PST by JimRed ("Hey, hey, Teddy K., hot enough down there today?" TERM LIMITS, NOW AND FOREVER!)
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To: GranTorino
I hate to say it but this would have been better handled by a LEO.

Except White can't really call the police to report a stolen firearm when he himself isn't allowed to possess a firearm.

38 posted on 02/10/2010 9:03:29 AM PST by Drew68
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To: Sasparilla

The best measure would’ve been to cap him. Dead perps don’t sue.


39 posted on 02/10/2010 9:07:54 AM PST by ScottinVA (Glad to see Demonic Unhinged (DU) highlights and attacks my FR comments!)
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To: achilles2000

“No. He should be sentenced to weekend confinement for a year at a shooting range or until his aim improves.”

LOL!! Perfect!


40 posted on 02/10/2010 9:09:37 AM PST by ScottinVA (Glad to see Demonic Unhinged (DU) highlights and attacks my FR comments!)
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To: SJSAMPLE
It goes way beyond that. They were out of the “castle” and off the property. The questions arise, “Do citizens have a right to protect their property?” “Do citizens have the right and obligation to stop crime?”

Read the article, the guy chased the perp, the perp had stolen a rifle. They stuggled over the rifle as the home owner tried to regain possession of his property and the gun went off. IMO, it probably went off because the perp was trying to shoot the victim and it didn't work out that way. The guy did NOT shoot the kid on purpose.

I wish every state had a castle doctrine law.

41 posted on 02/10/2010 9:27:28 AM PST by calex59
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To: Eric in the Ozarks
Citizens do not have the right to use lethal force to protect their property. This is settle law. (Katko vs. Briney.)

Depends on what state you are living in, and nothing is settled law, NOTHING. Not all laws are constitutional and laws change all the time. Disallowing people to protect their property is unconstitutional, regardless of what the courts say. Saying something is settled law is what dimwits do when they want to impose their will on people, I.E.: climate change/global warming.

42 posted on 02/10/2010 9:35:38 AM PST by calex59
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To: LeGrande
Much to my regret, I tend to believe the Burglar that this was not a shooting in self defense.

If the owner and the thief are struggling over the loaded firearm, the thief is an aggressor. It's reasonable for the owner to assume he is in mortal danger. The thief cannot pretend he is innocent of any escalation.

43 posted on 02/10/2010 9:57:18 AM PST by no-s (B.L.O.A.T. and every day...because some day soon they won't be making any more...for you.)
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To: LeGrande
"In a struggle with a rifle I find it unlikely that anyone gets shot unless someone is grabbing the barrel towards themselves. What I find a lot more plausible is that Stephen White grabbed the rifle and then shot the burglar. Much to my regret, I tend to believe the Burglar that this was not a shooting in self defense."

Upon what FACTS do you base your demonization of the victim?

BTW, fighting a burglar for a loaded firearm is an excellent justification for self defense, no matter where you are. He gets it, he shoots you. Sounds pretty obvious to me.

44 posted on 02/10/2010 10:00:37 AM PST by RetiredNavy ("Only accurate firearms are interesting")
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To: Sasparilla
From the Notebooks of Lazarus Long: Always get your first shot off FAST, then make your second shot PERFECT. The message here is very clear as it applies to the OP.

Robert A. Heinleins character always put things into proper perspective for me when I was a boy growing up. In fact I can easily assert that RAH's entire body of literary work shaped my whole personality and was responsible for a chunk of my professional life. In fact I don't know a single infantry officer who's NOT read Starship Troopers at the very least....

45 posted on 02/10/2010 10:22:35 AM PST by ExSoldier (Democracy is 2 wolves and a lamb voting on dinner. Liberty is a well armed lamb contesting the vote.)
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To: Still Thinking

Good luck with that.


46 posted on 02/10/2010 10:26:08 AM PST by Eric in the Ozarks (Impeachment !)
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To: RetiredNavy; no-s
Upon what FACTS do you base your demonization of the victim?

Just the quote from the paper that the shooter is facing Felonious assault charges for shooting the perp and was breaking the law by having the gun in the first place.

My speculation is that the homeowner grabbed the rifle away from the burglar and shot him. Do I have facts? Of course not, but I know that it is hard to accidentally discharge it into someone while struggling over it. A pistol is a different matter.

Also location matters a lot. If this had occurred in the house, the shooting would have been entirely justified. Chasing a guy down the street, grabbing your gun from him and shooting him, I don't think is a good idea.

47 posted on 02/10/2010 10:30:43 AM PST by LeGrande (The government wants to make a new Government program (Health Care) to fix Medicare and Medicaid.)
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To: SJSAMPLE
It went to the US Supreme Court from Iowa in the 1960s.
Briefly, Briney owned an old house on his farm near Eddyville, IA that Katko had broen into several times.
Briney set up a shotgun to go off when the front door was kicked in.
Katko broke in and was nailed. He sued and the Supreme Court upheld Katko’s suit for damages and awarded him Briney's farm.
48 posted on 02/10/2010 10:30:47 AM PST by Eric in the Ozarks (Impeachment !)
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To: Sasparilla

LOL, I love these reports that say the gun “went off”.


49 posted on 02/10/2010 10:34:13 AM PST by Lancey Howard
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To: LeGrande
Also location matters a lot. If this had occurred in the house, the shooting would have been entirely justified. Chasing a guy down the street, grabbing your gun from him and shooting him, I don't think is a good idea.

I am not a citizen of the state in question. But in the general case, while pursuing a fleeing felon, it seems unreasonable to give the felon the benefit of the doubt when he is apprehended and struggles for control of a loaded firearm. Whether it was a good idea to pursue the felon does not seem germane to the question of self defense in the case of struggling with a felon over control of a loaded firearm while the felon is committing the felony.

50 posted on 02/10/2010 10:44:36 AM PST by no-s (B.L.O.A.T. and every day...because some day soon they won't be making any more...for you.)
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