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Posted on 05/09/2010 4:41:14 PM PDT by Red in Blue PA
It’s preposterous. At worst, the homeowner panicked and couldn’t stop shooting. He doesn’t deserve this.
I would imagine the only problem here is making sure the 72 year old suspect doesn't escape and go on a crime rampage...
Port Orchard Washington police and the prosecutors should be proud...Bet the DA gets to meet the governor...Maybe even run for governor some day!
Feather in his political cap!!
“...he confronted a young man in his 20s...
a struggle followed...
the intruder was pushed out of the apartment’s front door and ran away...
the 72-year-old said he fired several shots in the direction of the fleeing intruder...”
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His defense should be that he feared for his life and safety,
and in a sane world, the jury should acquit him.
Well, at least they didn't inform the media that the man's weapons were confiscated so that the perps would know he was now a vulnerable 72 year old unarmed man.
Unless the perp used a bump key or some other high tech device to just walk in.
Say WA? Evergreen State ping
Quick link: WA State Board
FReepmail sionnsar if you want on or off this ping list.
Ping sionnsar if you see a Washington state related thread.
In Washington state? Are you kidding me?
I know it’s a long shot he’ll find a fair jury, but occasionally people do win the lottery.
He wouldn’t have to worry about it if I were on the jury, he’d walk or I’d hang the jury until hell froze over.
Intruders never run, and turn and fire, right?/sarc
“The 72-year-old said he fired several shots in the direction of the fleeing intruder.”
That is the problem. Elsewhere today I read how charges are not being brought against police in Los Angeles, because of a “bad luck” killing.
In that case, police were in the middle of a gun battle with armed robbers when a man exited a building, unknowingly walking into the battle. And he had the same color shirt as one of the robbers. The police yelled at him to “show his hands”, but before he could react, more shots were fired at the police. So an officer fired and killed the innocent man.
I mention this because in the case in question, “contact had been broken” between the shooter and the burglar, who was running away. What would have happened if when he poked his head out of his apartment, instead of seeing the burglar, he saw a jogger who sort of looked like the burglar?
This would be the legal issue in the case, and why, once a burglar is off your property, or at least fleeing, shooting is usually a no-go.
And while we might prefer it to be okay to take out some creep like that, the law will generally weigh weather lethal force is acceptable for a property crime, once the crime is over and the criminal is leaving.
He said he confronted a young man in his 20s, unknown to him, in the living room. A struggle followed, and the intruder was pushed out of the apartment’s front door and ran away, the 72-year-old told deputies.
The 72-year-old said he fired several shots in the direction of the fleeing intruder.
The old man is going to jail.
Good post.
The 72-year-old said he fired several shots in the direction of the fleeing intruder.
The old man is going to jail.
My thought, too. After a shooting, best not to say anything to the cops without your attorney present.
An innocent man faces charges for defending himself. Sen. Patty Murray and the unelected governor rejoice.
according to the story posted at the link, the old man said the kid ran away and he fired at him as he ran away.
In almost every jurisdiction I know of, shooting a someone who is running away from you is a crime, no matter what they had just done to you.
If they are running away, the threat is gone and deadly force is not warranted.
The youngster had the right idea chasing the scumbag intruder down...
One major reason I keep using the treadmill. Now, if they would only install one at the local small-arms range...
>>Two handguns and a rifle, along with several boxes of ammunition, were confiscated from the resident for safekeeping as the investigation was just starting.
>
>Ahh yes, the “new” America, land of the (formerly) free....
Guilty until proven innocent; or at least the moral equivalent.
I’m in a discussion about no-knock warrants; while somewhat different, the arguments I put forth concerning the 4th and 5th Amendments SHOULD be relevant. If you’re interested it’s over here:
http://www.freerepublic.com/focus/news/2509876/posts?page=23#23
WA is not a “must retreat” state....but self defense is an affirmative defense in WA. That mean he must prove he acted in self defense.
If the facts at the scene didn’t readily show it was self defense then he most likely would be arrested then bonded out, considering his age, at a pretty low dollar amount I’d say.
But fortunately, Texas isn’t one of them. If anyone is on your property after dark, Texans are free to fire. That’s why Texas is the fastest growing state in the nation, with freedom lovers flocking to its sensible laws.
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