Arlington shooting underscores need to understand law (WA)

Seattle Gun Rights Examiner ^ | 21 November, 2009 | Dave Workman

[Eva]

If your property is posted, no trespassing, anyone on the property without your permission, is a trespasser. My dog would not go for the throat, but he wouldn’t let anyone he does not know come on the property. Once the a person steps off the property, my dog stops the chase.

[21twelve]

Here’s a couple of applicable regulations in Washington State law. Would seem to me that legally he may be found innocent as he was using force to prevent a felony. But, I’m no lawyer. Does the “prevent a felony” only mean up and to the point that the thief is stealing from you? After he has already stolen if from you, are you “preventing” it? If you keep him from getting away, it would seem you “prevented” it.

Not sure that is what I would have done. But, he did call the police first, then saw the guy again. I would have probably thought the guy had left (he wasn’t found by the cops) and had then returned to get rid of me as a witness.

***********************

RCW 9A.16.110: Defending against violent crime ? Reimbursement.

(1) No person in the state shall be placed in legal jeopardy of any kind whatsoever for protecting by any reasonable means necessary, himself or herself, his or her family, or his or her real or personal property, or for coming to the aid of another who is in imminent danger of or the victim of assault, robbery, kidnapping, arson, burglary, rape, murder, or any other violent crime as defined in RCW 9.94A.030.

RCW 9A.16.050
Homicide — By other person — When justifiable.

Homicide is also justifiable when committed either:

(1) In the lawful defense of the slayer, or his or her husband, wife, parent, child, brother, or sister, or of any other person in his presence or company, when there is reasonable ground to apprehend a design on the part of the person slain to commit a felony or to do some great personal injury to the slayer or to any such person, and there is imminent danger of such design being accomplished; or

(2) In the actual resistance of an attempt to commit a felony upon the slayer, in his presence, or upon or in a dwelling, or other place of abode, in which he is.

[SAMWolf]

While I can sympathize with removing a dirtbag from society, it’d be hard to claim self-defense in this case.

Do what the libs do to criminals, slap his wrist and tell him not to do it again.

[Mouton]

In this atmosphere, average joe citizens who also believe in protecting themselves better become acquainted with this technique depending on what version of the castle doctrine their state has.

For the uninformed, a “drop gun” is an untraceable weapon. It does not necessarily have to be a firearm. When I lived in Ca., I had a surplus bayonette at the ready “just in case” I needed it.

[bustinchops]

I am informed. I’m retired LE. A “drop gun” is a gun, not a knife/bayonet/rock/baton/sap/pipe, etc..

[bustinchops]

It depends on how professional and how serious the would-be robber is. Dogs certainly have a place in home security, but real pros often shoot, stab or poison dogs. They’ve “cased” the property so they already know about the dog and come prepared to deal with the dog. You won’t be home when they come. But for the average punk with no gun and no real plan, a serious dog is a real good start at prevention. It sounds like yours is a good watch dog. Training him/her to attack on command or at intrusion into any building on the property would be better. If you do that, be sure you post proper warning.

[Mouton]

I was not directing the uninformed at you, it was a general comment. Glad to hear you are another LEO retired. I am too. How about this, a drop weapon.

[Michelle Ochoa]

Michelle Ochoa writes:
We have known this man over the last couple years, and for the time we have known him he has been a kind and gentle, proactive person defending children and finding resources in the community for children. Always when we have seen him he is helping someone. He has promoted the well being of many children, behind the scenes in this community, asking very little for himself. He deserves the best support system and defense available. The judicial system has a responsibility to evaluate on logical merit and the higher purpose of the laws, are they serving the community? His life work with children should continue, and a felony charge would prevent that. It would be a shame to the community to harm the heart of such a kind man.
Just wa;lk in the shoes of another man for a minute, What would you really have done, had you just been confronted with someone violating the sacred security of your home and family. Now if you were in the same situation, knowing of the possible violence your family and neighbors may be subject to with a person who has no regard for your family. Keira’s character is that of a Protector. he followed all the legal steps necessary, that he could and must have been under extreme distress, realizing the individual was still violating his environment. With the revolving door of criminals allowed to violate human rights with minor punishment, when does a person have the right to say no, stop. I know that Earhart did not intend in shooting or harming the thief, but just to stop him. There’s got to be more facts in this case that warrant a Strong defense in his favor. He’s just too good of a person to be persecuted for defending the community and his family. It’s just not in his character not to be compassionate to “all” people. It must have been an accident.
He has lead the talking circle, He has learned and shared his life with and of others. He is humble. He has fostered community and culture, and children. He should continue. He will need to become whole again. He will always carry this in his heart. He is an Honorable person. He is suffering and full of sorrow for what has occurred, we would expect that. We are sorrowful with him. Our hearts go out to the family of Rzechula. We are sorrowful you must suffer this loss. He will carry on in many hearts, and may he have a safe journey to the Great Spirit.

Michelle Ochoa

Can you Honestly Judge?
Pray don’t find fault with the man who
limps or stumbles along the road
Unless you have worn the shoes he wears
or struggled beneath his load
There may be tacks in his shoes that hurt
though hidden from view;
Or the burden he bears placed on your back
might cause you to stumble too.
Don’t sneer at the man who is down today
unless you have felt the blow
That caused his fall or felt the shame
that only the fallen know.
You may be strong, but still the blows that
were his; if dealt to you
At the self-same way at the very same time
may cause you to stagger too.
Don’t be too harsh with the man you think sins
or pelt him with words or stones;
Unless you are sure, yes doubly sure;
that you have no sins of your own.

RCW 9A.32.050
Murder in the second degree.
(1) A person is guilty of murder in the second degree when:

(a) With intent to cause the death of another person but without premeditation, he or she causes the death of such person or of a third person; or

(b) He or she commits or attempts to commit any felony, including assault, other than those enumerated in RCW 9A.32.030(1)(c), and, in the course of and in furtherance of such crime or in immediate flight therefrom, he or she, or another participant, causes the death of a person other than one of the participants; except that in any prosecution under this subdivision (1)(b) in which the defendant was not the only participant in the underlying crime, if established by the defendant by a preponderance of the evidence, it is a defense that the defendant:

(i) Did not commit the homicidal act or in any way solicit, request, command, importune, cause, or aid the commission thereof; and

(ii) Was not armed with a deadly weapon, or any instrument, article, or substance readily capable of causing death or serious physical injury; and

(iii) Had no reasonable grounds to believe that any other participant was armed with such a weapon, instrument, article, or substance; and

(iv) Had no reasonable grounds to believe that any other participant intended to engage in conduct likely to result in death or serious physical injury.

(2) Murder in the second degree is a class A felony.
[2003 c 3 § 2; 1975-’76 2nd ex.s. c 38 § 4; 1975 1st ex.s. c 260 §9A.32.050 .]

Murder 2 , please bold the sections iii and iv because , if he knew the burglar was stealing guns, and was in the process of obtaining his, he and everyone are in imminent danger. And he must have believed he was likely to conduct or engage in conduct likely in death…for god sakes he was stealing a gun.
Again, I must say that breaking into someone’s home and/or stealing is not a theft of property, it is a theft of spirit, of security, of safety for your family. It is our great-full duty to protect these of those we love. (Everyone)

I do not believe Keira attempted to cause death to anyone.

I listened to a young child’s prayer today, they said” I pray that what is right is the truth. I pray the court will see the truth.”

Michelle Ochoa