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Booby-trapped weapon shoots alleged burglar
The Sparta Expositor ^ | Sep. 16, 2005 | Jody Sliger

Posted on 09/16/2005 2:57:42 PM PDT by 2Am4Sure

A Sparta man was injured when he allegedly entered a home where a shotgun had been rigged to fire if the door was opened.

At approximately 4:37 p.m., Sept. 12, 2005, Deputy Darrin Gongaware was dispatched to Cummings Chapel Road where he encountered Greg Hutchings, 35, of Sparta.

Hutchings was lying in the front yard with ‘most of his left forearm missing,’ according to the report.

The officer proceeded to give first aid to Hutchings and asked him what had happened.

According to the report, Hutchings told Gongaware he was at the home of Neal Rodgers and the door was open, and he went in. Hutchings then said he was shot by a gun behind the door.

Gongaware’s report said it appeared Hutchings was suffering from a shotgun blast, with some of the shot in his stomach and arm.

While Hutchings was being transported to the hospital, Isom, Gongaware and Deputy Craig Wilson began searching for the crime scene to begin their investigation.

After officers checked a few houses in the area, they discovered the scene at a home on Cummings Chapel Road owned by Robert Austin and not at the home of Neal Rodgers.

Austin was contacted. When he arrived at the scene, Austin showed the officers how he had set up the gun.

Hutchings was transported to Erlanger with non-life threatening injuries.

“We collected the shotgun and string for evidence,” said Detective Chris Isom.

The incident is still under investigation by White County Sheriff Department.


TOPICS: Miscellaneous; US: Tennessee
KEYWORDS: 0wn3d; bang; banglist; katkovsbriney; owned; pwn3d; springgun
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As a ex-fireman, who has made many a forced entry to fight fires (and presumably do the homeowner a favor) I think this homeowner is the worst kind of idiot.

Don't do this, folks. I am certain that you would feel pretty low if you maimed or killed a fireman or other emergency personnel.

1 posted on 09/16/2005 2:57:43 PM PDT by 2Am4Sure
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To: 2Am4Sure

Spring gun = bad idea!


2 posted on 09/16/2005 3:00:05 PM PDT by ncountylee (Dead terrorists smell like victory)
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To: 2Am4Sure

Sounds like a perfectly good way to go to jail for a long, long time.


3 posted on 09/16/2005 3:00:05 PM PDT by el_chupacabra (The time has come for someone to put his foot down. And that foot is me.)
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To: 2Am4Sure

He's not just an idiot, he's criminally stupid. He'll be charged/convicted with something.


4 posted on 09/16/2005 3:00:29 PM PDT by ibbryn (this tag intentionally left blank)
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To: 2Am4Sure

I'm not sure but I think it's against the law. Get a dog or an alarm system. What if it was your kids?


5 posted on 09/16/2005 3:00:57 PM PDT by CindyDawg
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To: 2Am4Sure

I reluctantly agree with you. I could maybe see it if there was a clear warning posted on the door but even then it is risky.


6 posted on 09/16/2005 3:01:11 PM PDT by yarddog
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To: 2Am4Sure

Booby trapping is never a good idea, outside of a combat zone.


7 posted on 09/16/2005 3:01:50 PM PDT by clee1 (We use 43 muscles to frown, 17 to smile, and 2 to pull a trigger. I'm lazy and I'm tired of smiling.)
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To: 2Am4Sure

Yes, the same technology could take a picture of the perp. Most places have laws preventing the laying of traps for criminals, and yes, they can operating on the innocent as well.


8 posted on 09/16/2005 3:02:07 PM PDT by KC_for_Freedom (Sailing the highways of America, and loving it.)
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To: el_chupacabra
Spring-loaded gun traps are illegal in almost every state. Had the guy broken in and been shot by the owner (with gun in hand), the no problem.

The law is designed to prevent accidental shootings. Picture a neighborhood kid opening the door by mistake.

9 posted on 09/16/2005 3:02:15 PM PDT by CWW (Mark Sanford for President on 2008!)
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To: 2Am4Sure

I predict a very large law suit and jail time for him.


10 posted on 09/16/2005 3:04:07 PM PDT by mtbopfuyn (Legality does not dictate morality... Lavin)
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To: 2Am4Sure

Thirty years ago some poor old farmer got the pants sued off of him for this by the burglar. Said burglar paid a $50 fine but won about $30,000 dollars, a lot of bucks back then. The farmer and his wife were something close to bankrupted by it all.


11 posted on 09/16/2005 3:04:51 PM PDT by VadeRetro (Liberalism is a cancer on society. Creationism is a cancer on conservatism.)
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To: 2Am4Sure

First thing my father taught me about shooting is not to shoot what you can't see. In a trap like this, one is shooting what one cannot see. It could have been a child or even the trappers own child. It could have been a UPS driver ar a neighbor. This fool deserves to be locked up for a very long time irrespective of the motives of the person entering the home.


12 posted on 09/16/2005 3:04:58 PM PDT by muir_redwoods (Free Sirhan Sirhan, after all, the bastard who killed Mary Jo Kopechne is walking around free)
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To: 2Am4Sure

The idiot that set this booby trap should wind up under the pen. Texas adds 20 years just for making a set-gun. In this case, a person was injured. Stupid to the 10th degree. Not just for emergency personnel. Post office, delivery, or even an invited guest. A man has a right to protect his property, yet there is absolutely never a reason to use a set-gun or a bomb.


13 posted on 09/16/2005 3:05:31 PM PDT by ARealMothersSonForever (Because I can!)
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To: 2Am4Sure
When he arrived at the scene, Austin showed the officers how he had set up the gun.

Dat boy goin' to jail! Booby traps are a big no-no. In fact, I'm surprised he isn't in jail right now. What gives with that?

14 posted on 09/16/2005 3:05:45 PM PDT by LibWhacker
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To: 2Am4Sure
I recall a simlar incident in Dothan, Alabama, in the early 70's. A guy had been burglarized before and set a spring gun. He also put a warning that there was trip wired gun behind the window.

A burglar tried to break in and was killed. The cops said "fine with them".

15 posted on 09/16/2005 3:06:35 PM PDT by yarddog
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To: CindyDawg

It is against the law in this state (Ga.) and most likely
in every other one. It's called a set gun and will get you
time, hard time.

I remember reading about a business owner who booby trapped
his business after repeated breakins, put a bed frame wired
to 220 under the access hatch from his roof. Killed the
burglar, owner's now in the slammer


16 posted on 09/16/2005 3:06:41 PM PDT by tet68 ( " We would not die in that man's company, that fears his fellowship to die with us...." Henry V.)
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To: LibWhacker
In fact, I'm surprised he isn't in jail right now. What gives with that?

You've never been to White County, have you?

17 posted on 09/16/2005 3:07:00 PM PDT by AdamSelene235 (Truth has become so rare and precious she is always attended to by a bodyguard of lies.)
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To: 2Am4Sure; Mr. Mojo; Joe Brower

BTTT


18 posted on 09/16/2005 3:07:09 PM PDT by Fiddlstix (This Tagline for sale. (Presented by TagLines R US))
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To: 2Am4Sure

From the story, it's not even clear that the victim was breaking and entering. Even if he was, though, the homeowner is in a heap of trouble.


19 posted on 09/16/2005 3:07:54 PM PDT by wysiwyg (What parts of "right of the people" and "shall not be infringed" do you not understand?)
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To: 2Am4Sure

Ten or fifteen years ago a local idiot set a crossbow up in the woods with a trip wire and killed a teenager wandering in the woods. I don't remember what they charged the idiot with but he went away for awhile.


20 posted on 09/16/2005 3:11:02 PM PDT by cripplecreek (Never a minigun handy when you need one.)
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To: ncountylee

Yep, the homeowner will almost certainly do some time. Spring guns are outlawed by name in every state as far as I know.


21 posted on 09/16/2005 3:11:37 PM PDT by Space Wrangler
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To: yarddog
I have spent some time in Dothan - and it sounds about right.

My father actually owned a salvage yard there, and his neighboring salvage yard buddy used to sit on his property and wait for burglars with a shotgun. When they picked something up - BOOM! If they lived, and begged for an ambulance, his reply was 'when the sheriff gets here he can call one for you.'

My father on the other hand just got a mean dog, or three. Killed everything that came inside the fence if he or his foreman weren't there. Police only came by to buy parts or scrape up remains.
22 posted on 09/16/2005 3:12:45 PM PDT by Benkei (Death before dishonor)
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To: 2Am4Sure

Ditto. Don't shoot the nice fireman!

AFAIK a store owner from Brooklyn is still in jail after a person smashed their way through his steel security door with a sledgehammer and took a crossbow bolt in the chest.
As I recall, the store had been robbed three times already that month, and the owner was desperate.

Back home, "Set guns" enjoyed a rash of popularity after a couple of local boys (lily-white BTW) broke into an old man's house and tortured him until he gave up the location of his life savings (stashed in the house in cash, of course.)

Also common is the practice of "loading" firewood. The procedure is to hollow out a log and fill with black powder, then conceal it in your woodpile. In theory, if someone steals your firewood, they will blow up their stove and possibly themselves. Usually it's the owner of the woodpile who forgets exactly which log was thus altered, with predictable and spectacular results.


23 posted on 09/16/2005 3:13:17 PM PDT by Ostlandr ("I hunt, therefore I am." -Metallica, "Of Wolf and Man")
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To: Space Wrangler

Why? The guy was breaking in. You guys sound like liberals.


24 posted on 09/16/2005 3:14:01 PM PDT by bfree (PC is BS)
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To: tet68
Well. I do understand frustrations about break ins but as tempting as it might be it's just too dangerous. I have no sympathy for a burglar but the risks are just to great for injuring or killing innocents IMO
25 posted on 09/16/2005 3:15:14 PM PDT by CindyDawg
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To: 2Am4Sure

Hmm at first I thought it was a somewhat clever idea, after all it did stop a burgler. Then I read your post, you are right of course. Maybe having the door rigged up to a stereo with the sound of a snarling dog would be better.


26 posted on 09/16/2005 3:16:06 PM PDT by Ignatius J Reilly
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To: bfree

Suppose there had been a fire and a cop or fireman busted in through that door.


27 posted on 09/16/2005 3:16:57 PM PDT by cripplecreek (Never a minigun handy when you need one.)
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To: 2Am4Sure

These things, called "Spring Guns" are illegal in most states.


28 posted on 09/16/2005 3:17:52 PM PDT by MindBender26 (Having my own CAR-15 in RVN meant never having to say I was sorry......)
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To: 2Am4Sure

Not, only that but this is illegal as all get out. The burgler is well within his rights to go after the proerty owner for all he's got.


29 posted on 09/16/2005 3:19:00 PM PDT by ThreeYearLurker
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To: 2Am4Sure

Booby-trapping with a gun is a no-no. But how about booby-trapping with indelible ink? Pepper spray? Or marbles on the floor and other low-tech devices like the kid did in "Home Alone"?


30 posted on 09/16/2005 3:22:10 PM PDT by wimpycat (Hyperbole is the opiate of the activist wacko.)
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To: 2Am4Sure
I've heard of people being charged for things like this. A business owner went to prison for having electrified bars on his windows, after being robbed numerous times. If you are going to claim defense of family or property you have to be holding the gun when the perp gets shot.
31 posted on 09/16/2005 3:23:19 PM PDT by KoRn
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To: KC_for_Freedom

Not defending the booby trap, but I bet some lawyer would have the photo thrown out of court on some ridiculous technicality- inadmissible because the burglar didn't KNOW his photo was being taken or some crap like that.


32 posted on 09/16/2005 3:23:26 PM PDT by Muzzle_em (I'm an island awash in a sea of stupidity)
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To: bfree

Deadly force is only legal when defending one's self or family. Nobody was home.


33 posted on 09/16/2005 3:23:38 PM PDT by No Longer Free State (Saddam Hussein harboured and paid terrorists. Any questions?)
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To: bfree
Why? The guy was breaking in. You guys sound like liberals.

They sound more like responsible gun owners to me.

34 posted on 09/16/2005 3:25:11 PM PDT by Antonello
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To: Muzzle_em
Not defending the booby trap, but I bet some lawyer would have the photo thrown out of court on some ridiculous technicality- inadmissible because the burglar didn't KNOW his photo was being taken or some crap like that.

I'll bet there are a lot of people in prison because of security cameras that would love to meet your hypothetical lawyer.

35 posted on 09/16/2005 3:27:59 PM PDT by Antonello
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To: ThreeYearLurker
The burgler is well within his rights

?

36 posted on 09/16/2005 3:28:17 PM PDT by JCEccles
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To: No Longer Free State

Except in Texas, where the law permits deadly force in defense of property. God bless Texas.

But even there, booby traps are illegal. As they should be. I concur with the majority in this thread; the homeowner in this case was an idiot and a criminal and deserves severe punishment.


37 posted on 09/16/2005 3:28:23 PM PDT by Politicalities (http://www.politicalities.com)
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To: AdamSelene235

You're right about that. Never been to Tennessee. What's White County like, anyway?


38 posted on 09/16/2005 3:29:00 PM PDT by LibWhacker
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To: CindyDawg
A few rose bushes are a useful deterrent.
39 posted on 09/16/2005 3:29:53 PM PDT by Doctor Stochastic (Vegetabilisch = chaotisch ist der Charakter der Modernen. - Friedrich Schlegel)
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To: 2Am4Sure

A case just like this from Eddyville Iowa went to the US Supreme Court in the 1970s.


40 posted on 09/16/2005 3:30:11 PM PDT by Eric in the Ozarks
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To: Politicalities

The burglar is a hero?


41 posted on 09/16/2005 3:32:05 PM PDT by JCEccles
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To: Doctor Stochastic
I did that. I put them in front of all the windows. Beautiful and purposeful. My exterminator made me move them or have my contract voided for termites. Sometimes you just can't win:')
42 posted on 09/16/2005 3:32:55 PM PDT by CindyDawg
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To: cripplecreek

It wasn't. Hey, suppose I won the lotto. Stick with the facts. Most of you are defending the criminals rights. What a joke.


43 posted on 09/16/2005 3:33:34 PM PDT by bfree (PC is BS)
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To: VadeRetro

I think it was called the Briney trap-gun case. Briney lived near Eddyville, Iowa and owned a cabin that was broken into several times. Briney set a shotgun up to blast anyone who pushed in the front door and the burglar was seriously injured. The burglar admitted used Briney and won, eventually forcing a sheriff's sale of Briney's farm to settle the claim.


44 posted on 09/16/2005 3:35:22 PM PDT by Eric in the Ozarks
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To: All
You don't have to defend the use of a trip gun to conclude that the burgler is NOT an innocent victim.

He'll get no tears from me.

45 posted on 09/16/2005 3:35:31 PM PDT by JCEccles
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To: LibWhacker
You're right about that. Never been to Tennessee. What's White County like, anyway?

I would imagine the fellow is showing the local police the ins and outs of set guns so they can make their own at home.

Seem to recall they played up the "white" thing a bit. As in giant signs reading WHITE DRUG STORE, WHITE GROCERY, and so on.

46 posted on 09/16/2005 3:38:33 PM PDT by AdamSelene235 (Truth has become so rare and precious she is always attended to by a bodyguard of lies.)
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To: Eric in the Ozarks

We need a law that a person can not sue if injured while commiting a crime . Criminal charges only.


47 posted on 09/16/2005 3:42:25 PM PDT by CindyDawg
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To: Eric in the Ozarks
The burglar admitted used Briney and won.

Now there's a Freudian slip if ever I saw one!

48 posted on 09/16/2005 3:44:11 PM PDT by Old Professer (Fix the problem, not the blame!)
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To: Eric in the Ozarks
As I recall, the structure in Briney was not inhabited. It was more like a spare shed mouldering out in the country in the weeds.

Defending one's home is not the same thing as defending a shed.

The rule in some jurisdictions is (or used to be) that the use of a booby-trap gun setup, although definitely not smart, is not illegal or per se wrongful if one is defending one's own home. However, it has to be right in who it injures or kills. If it kills an armed intruder who breaks in with violence on his mind, its use will be excused. If it kills an innocent, or a person who has no apparent intention to or means of inflicting harm, its use will constitute manslaughter or murder.

I just can't get righteously indignant on behalf of either party in this scenario.

49 posted on 09/16/2005 3:50:30 PM PDT by JCEccles
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To: ThreeYearLurker
The burgler is well within his rights to go after the proerty owner for all he's got.

Hopefully, after he serves time for burglary, trespassing and whatever else they can throw at him.

I wish they could get him on theft of the homeowner's buckshot, since he took it with him without permission. :)

50 posted on 09/16/2005 3:50:38 PM PDT by antiRepublicrat
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