Ohio Burglar Sues the Victim Who Shot Him

armedselfdefense.blogspot.com/ ^ | 02/10/10 | Sasparilla

[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...

[geologist]

“...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.

[Deaf Smith]

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."

[VOA]

bump

[SJSAMPLE]

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.

[gigster]

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

[j_guru]

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.

[GranTorino]

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.

[dragnet2]

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!!

[brytlea]

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

[Pavegunner72]

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

[Still Thinking]

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.

[SJSAMPLE]

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.

[LeGrande]

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.

[ctdonath2]

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.

[Defiant]

I’ll be happy to prosecute the cross complaint.

[Defiant]

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!

[JimRed]

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

[Drew68]

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.

[ScottinVA]

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

[ScottinVA]

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

LOL!! Perfect!