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Homeowner: No choice but shoot(NE)
omaha.com ^ | 20 April, 2011 | Jason Kuiper

Posted on 04/21/2011 5:18:42 AM PDT by marktwain

Wesley Hall said he didn't want to hurt anyone, but a suspected copper thief didn't leave him much choice early Tuesday.

Hall said he shot James D. King, 41, in the leg after King lunged at him in a dark basement apartment of a house Hall owns at 3220 Poppleton Ave.

King was taken to Creighton University Medical Center in critical condition after the shooting, which occurred about 2:30 a.m. His injuries were not considered life-threatening. His condition was not being released by the hospital.

Hall, who was not hurt and lives about a half-mile northwest of the shooting scene, said he's been making daily checks on the house ever since an April 7 break-in where copper was stolen.

Armed with a handgun, Hall said he found King in a basement apartment. He said he pointed the gun at King and told him not to move.

But King came at him, he said, so he lowered the gun and shot him once in the leg.

Hall, 52, was ticketed on suspicion of having an unregistered handgun and was released from police custody after about three hours of questioning.

If convicted on the gun allegation, Hall could face a maximum six months in jail and a $500 fine. Omaha City Prosecutor Marty Conboy, who had not yet seen the reports relating to the shooting, said typically a homeowner must establish that there is a legitimate fear for a person's safety to justify a shooting.

“There is an old misconception that you can shoot someone once they are in your house,” Conboy said.

(Excerpt) Read more at omaha.com ...


TOPICS: Crime/Corruption; Culture/Society; News/Current Events; US: Nebraska
KEYWORDS: banglist; defense; ne; robber
You have a gun. You tell someone to stop. They come at you. Most juries and courts find such shootings justified.
1 posted on 04/21/2011 5:18:48 AM PDT by marktwain
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To: marktwain
"“There is an old misconception that you can shoot someone once they are in your house,”"

Old misconception? It's either a current misconception, or not.

2 posted on 04/21/2011 5:22:00 AM PDT by Paladin2
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To: marktwain

prosecutor needs to be on the unemployment line....


3 posted on 04/21/2011 5:22:19 AM PDT by Vaquero ("an armed society is a polite society" Robert A. Heinlein)
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To: marktwain

Laws like those in NE make thieves happy and plentiful.


4 posted on 04/21/2011 5:22:23 AM PDT by kittymyrib
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To: marktwain

Rocky mountain high....... Colorado,


5 posted on 04/21/2011 5:24:53 AM PDT by bert (K.E. N.P. N.C. D.E. +12 ....( History is a process, not an event ))
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To: marktwain

If you don’t kill him, he’ll be back.


6 posted on 04/21/2011 5:26:16 AM PDT by crosshairs (Say what you want about the South, but you never hear of anyone retiring and moving north.)
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To: kittymyrib

>> King came at him, he said, so he lowered the gun and shot him once in the leg.

What? In the leg? This boy be takin’ the Knee-Braska thing way too seriously.


7 posted on 04/21/2011 5:27:52 AM PDT by QBFimi (When gunpowder speaks, beasts listen.)
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To: marktwain
What did Conboy say about the criminal? How will he be punished?
8 posted on 04/21/2011 5:28:55 AM PDT by Realman30 ("I've already made a donation to Haiti. It's called taxes". . . . El Rushbo.)
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To: All
Speaking of 'choice to shoot', check this article out about a Golf course resident (here in North Texas) shooting a on-course players dog who runs on his property then shoots and kills the player when he inquires why the resident shot his dog!
9 posted on 04/21/2011 5:29:30 AM PDT by harpu ( "...it's better to be hated for who you are than loved for someone you're not!")
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To: crosshairs
If you don’t kill him, he’ll be back.

And if you do kill him, family and friends will come back.

Moral to this story: Pull out a gun, you will have to move; otherwise hope you have plastic sheeting, duct tape, a dump spot and neighbors who can sleep through gunshots.

10 posted on 04/21/2011 5:33:23 AM PDT by The Theophilus (Obama's Key to win 2012: Ban Haloperidol)
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To: marktwain
“There is an old misconception that you can shoot someone once they are in your house,” Conboy said.

How about he's a robber in your house who lunges at you in a dark basement after you order him to freeze?

When Conboy grows up will he be a con man? Sorry, couldn't resist.

11 posted on 04/21/2011 5:34:03 AM PDT by LibWhacker
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To: harpu
"A .22-caliber rifle with scope was taken from the scene"

The dog survived.

12 posted on 04/21/2011 5:34:51 AM PDT by Paladin2
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To: QBFimi

Bad choice. Always go for center mass. Who taught this guy to shoot?


13 posted on 04/21/2011 5:40:36 AM PDT by Mom MD (Jesus is the Light of the world!)
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To: marktwain
Dumb@$$

Put (a minimum of 2 rounds) center mass. Secure the area of other perps, handle them the same way. Make sure the perp(s) are dead BEFORE you call 911. Express only your fear for your life and any family members present.

Sleep like a baby tonight.

14 posted on 04/21/2011 5:45:22 AM PDT by Feckless (I was trained by the US Government to Kill Commies and Radical Moo-slims. Now ain't that irOnic?)
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To: Mom MD

Wes Hall is the brother of a friend of mine. He is a sixth degree black belt so perhaps he didn’t think he’d ever need the gun for defense. Although he is in his 50’s now, so maybe he’s come to the dark side with us. ;-)


15 posted on 04/21/2011 5:45:58 AM PDT by Vor Lady
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To: marktwain

The dumb obama-for-brains will spend hours and hours and cause thousands of dollars of damage in order to get $20 worth of copper from the house water pipes.

These people are too stupid to have a job or I would point out that they could have made more money on minimum wage.

Anyone who bring copper to a recycle center should be photgraphed by the owner and the police called if they are bringing in carved up copper plumbing


16 posted on 04/21/2011 5:47:08 AM PDT by Mr. K (this administration is WEARING OUT MY CAPSLOCK KEY~!! [Palin/Bachman 2012])
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To: marktwain
King was taken to Creighton University Medical Center in critical condition after the shooting, which occurred about 2:30 a.m. His injuries were not considered life-threatening.

How do you get in critical condition with non-life-threatening injuries?

17 posted on 04/21/2011 5:52:02 AM PDT by Sloth (If a tax cut constitutes "spending" then every time I don't rob a bank should count as a "desposit.")
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To: Feckless

The shooter may be screwed because NE does not currently have the Castle Doctrine in place. Unless he was in fear for his life, he will probably be charged with a crime for shooting someone in his place of residence. It is unknown if the criminal had any weapons, but I agree with you that shot placement was not done properly. Shooting to wound is not a smart thing to do. You are shooting to STOP the actions of the aggressor, nothing more nothing less. The criminal had been to the location before and was returning to pick up additional stolen copper pipe.


18 posted on 04/21/2011 5:59:50 AM PDT by toolman1401
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To: Vor Lady

Unfortunately, the perp’s lawyer will use Mr. Hall’s statement that he “lowered the gun and shot him in the leg” as proof that Mr. Hall didn’t really feel his life was in danger...

It’s always best to shoot center mass and keep it up until the perp can’t take the witness stand against you.

What Mr. Hall *should* be saying right now is that he was in such terror and fear for his life that he fired to kill, but shot wildly, hitting the perp in the leg. I’m just saying...

In Tennessee, if the police respond to your call and find a known criminal lying dead of a gunshot in your basement, they’ll say “good shooting!”.


19 posted on 04/21/2011 6:32:53 AM PDT by Fletcher J
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To: Fletcher J
It’s always best to shoot center mass and keep it up until the perp can’t take the witness stand against you. What Mr. Hall *should* be saying right now is that he was in such terror and fear for his life that he fired to kill, but shot wildly, hitting the perp in the leg. I’m just saying...

I agree with you 100%. I feel bad for the guy; as far as I know, he's never had to do this kind of thing before and on this he's been honest when he should have been silent, at least until he could talk to a lawyer.

20 posted on 04/21/2011 6:38:21 AM PDT by Vor Lady
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To: marktwain
“There is an old misconception that you can shoot someone once they are in your house,” Conboy said.

Sounds to me like Nebraska needs to change their law.

21 posted on 04/21/2011 6:59:32 AM PDT by VeniVidiVici (The last Democrat worth a damn was Stalin. He purged his whole Party.)
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