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Homeowner who shot burglar gets 5 years in prison
KING 5 News ^ | 7/6/11 | Drew Mikkelsen

Posted on 07/06/2011 8:25:21 PM PDT by Nachum

CHEHALIS, Wash. - An Onalaska man who shot and killed a man who he thought was going to rob him will spend more than five years in prison. Lewis County Judge Nelson Hunt sentenced Ronald Brady to the maximum possible sentence, 63 months. A jury found Brady guilty of manslaughter last month. "I think the jury missed this one," said Jack Tipping, a friend of Brady. "This is a great victory for burglars."

(Excerpt) Read more at king5.com ...


TOPICS: News/Current Events; US: Washington
KEYWORDS: banglist; burglar; homeowner; prison; shot; washington
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Brave new Obama world
1 posted on 07/06/2011 8:25:28 PM PDT by Nachum
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To: Nachum

How about we get the Casey Anthony Juror Bashers over here.

Maybe...just maybe...the Prosecutor is to blame?

Again?


2 posted on 07/06/2011 8:28:47 PM PDT by hobbes1 (Hobbes1TheOmniscient® "I know everything so you don't have to...." ;)
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To: Nachum

It’s sick out there and getting sicker — Bob Grant


3 posted on 07/06/2011 8:29:21 PM PDT by Huck
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To: hobbes1

The guy is going to prison for being stupid.

You can not shoot people for walking up your driveway. Period.

You can’t shoot people because you think they are going to steal from you.

You can’t even shoot people that you know for a fact are going to steal from you and in most states, TX excepted, you can’t even shoot people that you catch in the act of stealing from you.

It is that simple.

Brady is stupid and stupid has consquences.


4 posted on 07/06/2011 8:34:43 PM PDT by old curmudgeon
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To: Nachum

gotta know your regulations before you pull the trigger. he should have been more patient and let them enter the home and then killed them both.


5 posted on 07/06/2011 8:34:56 PM PDT by RC one (DO NOT RAISE THE DEBT LIMIT!)
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To: hobbes1

>”There’s no eternal life in heaven. For you, only hell,” said Brady’s sister, Colleen Walczak.<

She said this “judge’ Hunt. Don’t worry, Colleen. What goes around comes around.


6 posted on 07/06/2011 8:35:21 PM PDT by max americana (FUBO NATION 2012 FAK BARAK)
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To: Nachum

As a gun owner and full supporter of home defense with said gun I think this guy probably pulled the trigger too soon. Wait until they lift something at least. You can’t shoot people in your driveway.


7 posted on 07/06/2011 8:39:25 PM PDT by BreezyDog
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To: old curmudgeon
You can’t even shoot people that you know for a fact are going to steal from you and in most states, TX excepted, you can’t even shoot people that you catch in the act of stealing from you.

In the state of Washington, you can use deadly force to conduct a citizen's arrest during the commission of a felony.

The appeal on this could be very interesting. He should have not talked to the police and then asserted he was attempting to arrest a person in the commission of a felony and they started charging him.

This is just one reason to never talk to the cops.

8 posted on 07/06/2011 8:43:48 PM PDT by SeaHawkFan
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To: Nachum

He should have gotten a bounty. Reduce the number of criminals, reduce the number of crimes.


9 posted on 07/06/2011 8:45:10 PM PDT by Psalm 144 (We are not governed. We are occupied.)
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To: Nachum
It does appear that location is indeed everything. He also should of been cleaning the gun in the garage when asked by police. The whole laying in wait thing sounds bad to a jury. I was wondering about the criminal, what sort of guy takes his wife with him to to commit a burglary? My wife wants dinner and a movie. Is there a dating service where lonely criminals can meet?
10 posted on 07/06/2011 8:45:12 PM PDT by dog breath
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To: old curmudgeon
Tennesee has worked hard to make sure that the victim doesn't become the criminal... If someone breaks into your home for the purpose of stealing from you, you are considered to be within reasonable fear for your life and may use lethal force. After the 2010 Session of the General Assembly, the "No Retreat" law was passed, meaning that if you are legally carrying a firearm in any establishment or vehicle you can use lethal force against any perpetrator that has "ability, proximity, and intent" to kill you or others. The trick to the "intent" part is to make sure you're the only one that gets to tell what the bad guy's intentions were... If you shoot him and he lives, he can claim he had no such intentions and then you are stuck in court with a jury like the one above.

We're tired of putting up with these thugs brandishing any weapon, be it knife, screw driver, crow bar, or firearm... We intend to stop them. And since the police are just minutes away... Well...

11 posted on 07/06/2011 8:45:46 PM PDT by Raven6 (What we need: More people that can shoot like Tennesseans and fight like Texans!)
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To: old curmudgeon

Texas excepted.... Especially after dark.

Stay Safe...


12 posted on 07/06/2011 8:50:18 PM PDT by Squantos (Be polite. Be professional. But have a plan to kill everyone you meet)
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To: Nachum

Further irony when considering that after spending so much time in prison when he gets out after 5 years - he will probably loose the house he was sent to jail for defending.


13 posted on 07/06/2011 8:50:25 PM PDT by Republic_of_Secession.
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To: Nachum
"This is a great victory for burglars."

Especially the ones who are killed!

14 posted on 07/06/2011 8:50:43 PM PDT by Brandonmark (2012: Our Hope IS Change!)
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To: Nachum

Pretty much the only way to stop these kinds of crimes is to make the criminals FEAR going on to private property.

If I were on the jury, I would have simply held out for a not-guilty (regardless of what the judge or anyone else says). The only winners when good-guys go to jail are the criminals.


15 posted on 07/06/2011 8:51:36 PM PDT by BobL (PLEASE READ: http://www.freerepublic.com/focus/f-news/2657811/posts)
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To: Raven6

Correct. Rule one on any shooting, shut up and ask for some air. Rule two, get air and ask for an attorney.


16 posted on 07/06/2011 8:52:21 PM PDT by eyedigress ((Old storm chaser from the west)?)
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To: Nachum

The deceased was there in fact to rob the shooter. The shooter shot the robber’s car first, the robbers did not flee, and they shined a light into the shooter’s face. I think it’s reasonable at that point for the shooter to assume his life was in danger. Peaceful robbers would have pissed their pants and fled.


17 posted on 07/06/2011 8:52:21 PM PDT by Moonman62 (The US has become a government with a country, rather than a country with a government.)
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To: dog breath

“what sort of guy takes his wife with him to to commit a burglary?”

I caught 2 kids robbing my business and their mother drove them there and they used the top of her suv to go over the fence and carry the ladder they used to go down the inside and she was waiting for them to return.

Maybe he needed a driver!


18 posted on 07/06/2011 8:52:41 PM PDT by dalereed
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To: Nachum

The soviet socialist tyrannical state of Washington.

This should be appealed all the way to the top. The right to self defense needs to be better upheld.


19 posted on 07/06/2011 8:54:07 PM PDT by editor-surveyor (Going 'EGYPT' - 2012!)
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To: old curmudgeon

Not in reference to this specific case, but I believe you are wrong. Colorado has a “Make My Day” law that provides for homeowners to protect their property, up to, and including, deadly force. According to wikipedia, 31 states have similar laws.

If someone is entering my home, and I “believe” that they are there to do me harm or steal from me, I have the right to defend myself and my property.


20 posted on 07/06/2011 8:56:11 PM PDT by ican'tbelieveit
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To: Nachum
"According to prosecutors, Brady never showed any remorse or regret for the shooting."

Remorse & regret should never play into the equation of guilty/not guilty. Had a fellow juror pull that stunt once. In that case, remorse by the defendant would have been admission of guilt.

21 posted on 07/06/2011 8:57:19 PM PDT by Deaf Smith
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To: BobL

If someone breaks in your house in TX and is a threat, you can kill them and no court will convict you. There are lots of guns in TX, so criminals are taking their life in their hands if they break in someones house. There are lots of people with concealed weapons licenses in that State. A lot of people hunt too.


22 posted on 07/06/2011 8:57:56 PM PDT by Grey Eagle
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To: Nachum

I employ the “breaking glass” rule.

After hearing breaking glass, you can shoot any damn person you find in your house.

If you didn’t hear breaking glass, you’re probably best not to shoot.

A 3AM, wrong address, a$$h++e, loud mouth, drunk, late luggage delivery guy is fortunate I applied this rule when he drove his Pinto up our winding driveway to our rural home, and approached a ground level bedroom far from any entrance.


23 posted on 07/06/2011 8:58:40 PM PDT by Atlas Sneezed (Government borrowing is Taxation without Representation)
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To: Grey Eagle

“If someone breaks in your house in TX and is a threat, you can kill them and no court will convict you. There are lots of guns in TX, so criminals are taking their life in their hands if they break in someones house. There are lots of people with concealed weapons licenses in that State. A lot of people hunt too.”

That’s for sure. And that is why, with the very rare exceptions of home invasions, almost all break-ins are during the day here in Texas. At night, criminals know that they’re target practice. That’s not necessary the case in big cities, and is TOTALLY OPPOSITE of Europe (i.e., Great Britain), where criminals know they are a protected class and can get a lot more loot if they’re able to ask the homeowner where to look.


24 posted on 07/06/2011 9:05:48 PM PDT by BobL (PLEASE READ: http://www.freerepublic.com/focus/f-news/2657811/posts)
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To: Nachum
My dad had a farm in Onalaska WA, the smallest town you ever saw.

I'm astounded by this verdict is this part of the country. People have been shot in those parts for looking at others wrong.

25 posted on 07/06/2011 9:10:20 PM PDT by Mariner (War Criminal #18)
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To: ican'tbelieveit

Your driveway is not your home.

The castle law would only apply in your driveway if the BG was obviously and in immediate danger of doing serious bodily harm that might lead to death.

That is the no requirement to retreat part of the law.

Shooting a person for walking in your direction in your driveway is not protected under the castle doctrine.


26 posted on 07/06/2011 9:10:52 PM PDT by old curmudgeon
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To: Raven6

They were in the driveway, not in the process of breaking into the house.

According to the account posted, they had no weapons.

I think stupid met stupid.


27 posted on 07/06/2011 9:16:14 PM PDT by old curmudgeon
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To: Raven6
Good post my gunner friend. As an avid BOWLING PIN MATCH SHOOTER (my best time so far,,, 2.71 seconds) I believe I'd attempt to excersize some sort of surity outside my home but at night if someone tries to break in, well,,,, let me put it this way,,,, I always keep one of my "NON-COMPETITION"1911's on my night stand and in condition 3.

I think you'd tend to agree with me that I'd rather be TRIED BY 12 THAN CARRIED BY 6.

28 posted on 07/06/2011 9:17:21 PM PDT by progunner (no compromise)
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To: Grey Eagle

you may remember when Whitman was shooting from the Tower in Austin back August 1, 66 that scores of guys pulled rifles out of their cars or pick ups or went home to get them and came back. Thousands of rounds were fired by these guys back at Whitman. I was two blocks away on a construction site and heard and saw every one of them. The entire affair went on about an hour and one half and within less than 30 minutes the “good ole boys” were returning fire.

Officer Martinez finally shot and killed Whitman and was even backed up by a civilian they loaned a gun to in the final assault on Whitman up on the Tower.

Basically a burglar is committing suicide in Texas.........it is as simple as that.


29 posted on 07/06/2011 9:26:53 PM PDT by Cen-Tejas (it's the debt bomb stupid!)
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To: old curmudgeon

You said it perfectly.


30 posted on 07/06/2011 9:33:23 PM PDT by RIghtwardHo
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To: Nachum

Hey, I own guns to protect me and mine, but you can’t just start shooting people walking up your driveway.

He’s lucky all he was convicted of was manslaughter.


31 posted on 07/06/2011 9:36:39 PM PDT by RIghtwardHo
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To: old curmudgeon

>> Brady is stupid and stupid has consquences.

The word is ‘ignorant’.


32 posted on 07/06/2011 9:39:22 PM PDT by Gene Eric (*** Jesus ***)
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To: old curmudgeon
Even in Nevada, where the case precedence was set by Judge Mills Lane, you have to wait for them to attempt to break into the home before you can start slinging lead.

Once somebody enters your house, even if he is naked, you can assume he poses a deadly threat and you are cleared red and free.

33 posted on 07/06/2011 9:40:08 PM PDT by USNBandit (sarcasm engaged at all times)
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To: Nachum

That’s the way Washington state wants and DESERVES it.


34 posted on 07/06/2011 9:42:59 PM PDT by matthew fuller (If we don't need a budget, we don't need a debt limit increase either.)
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To: old curmudgeon

It was not clear to me that this couple was even out to steal from Brady. I don’t think the shooting was justified.


35 posted on 07/06/2011 9:44:49 PM PDT by luvbach1 (Stop Obamania in 2012)
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To: Gene Eric

No. Stupid.

Because ignorance can be remedied with education and instruction.

Stupid is irreversible.

Most ignorant people have common sense which they apply, in most cases more effectively than highly educated idiots.

http://www.merriam-webster.com/dictionary/stupid


36 posted on 07/06/2011 9:51:43 PM PDT by old curmudgeon
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To: old curmudgeon

>> Stupid is irreversible.

Hence the phrase, “Stuck on stupid.”


37 posted on 07/06/2011 10:06:17 PM PDT by Gene Eric (*** Jesus ***)
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To: Nachum

Hell, it says that he ambushed people walking up his drive way and they were unarmed. Damn what a fool, lucky it is only five years.


38 posted on 07/06/2011 10:33:09 PM PDT by org.whodat
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To: Nachum

I gather he can comfort himself with the expression, “better to be in court than in the morgue” or “better to be judged by 12 than carried by 6”.


39 posted on 07/06/2011 10:44:30 PM PDT by Kevmo (Turning the Party over to the so-called moderates wouldn't make any sense at all. ~Ronald Reagan)
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To: Kevmo

This is funny. You made me laugh. Thank you.


40 posted on 07/06/2011 11:12:46 PM PDT by Lily4Jesus ( Jesus is LORD)
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To: Grey Eagle
If someone breaks in your house in TX and is a threat, you can kill them and no court will convict you.

Most of the time, no grand jury will even indict you. It never gets to court.

41 posted on 07/06/2011 11:19:55 PM PDT by El Gato ("The second amendment is the reset button of the US constitution"-Doug McKay)
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To: old curmudgeon
In Florida, you can use deadly force to prevent a forcible felony. I believe grand theft is also covered, for example, a jewelry store owner carrying some diamonds home; a vehicle.

Use of deadly force can sometimes be justified to prevent theft of property whose loss can make a radical difference in livelihood of its owners.

42 posted on 07/06/2011 11:39:53 PM PDT by sargon (I don't like the sound of these "boncentration bamps")
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To: RIghtwardHo
Hey, I own guns to protect me and mine, but you can’t just start shooting people walking up your driveway.

And which state are you referring to (other than Washington)?

43 posted on 07/06/2011 11:47:25 PM PDT by VeniVidiVici ("Si, se gimme!")
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To: org.whodat

The robbers had broke into his house earlier, and piled up a bunch of loot in the garage to come back and take later.

Brady came to the house, called the cops, who came and told him that the robbers would likely come back later that night to pick up what they had piled up. And then the cops told him that he was on his own, and left.

The robbers had prior histories a mile long. That fact was kept from the jury.

The sheriff who investigated assured Brady that he wouldn’t be prosecuted. As a result, Brady did not retain a lawyer for months. Those facts were also kept from the jury.

This verdict is an absolute travesty of justice.


44 posted on 07/07/2011 12:14:01 AM PDT by TheConservator ("I spent my life trying not to be careless. Women and children can be careless, but not men.")
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To: Gene Eric

Or, “Stupid never takes a holiday”.


45 posted on 07/07/2011 1:12:38 AM PDT by Rich21IE
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To: SeaHawkFan

Agree....


46 posted on 07/07/2011 1:16:23 AM PDT by antceecee (Bless us Father.. have mercy on us and protect us from evil.)
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To: RC one

When I was a kid my Grandfather made it clear to me and my siblings that if we were to trespass on a neighbor’s property we could be shot. Needless to say we never did and had respect for those boundaries. I remember an old house that was rather decrepit and deteriorating on the corner. It was completely fenced with a locked gate with NO TRESPASSING posted all around. Yeah... we were intrigued and always wondered about the inhabitant of that house. It was a little old lady, but I am sure to this day that she was packing and ready to shoot. My Dad said most people where he grew up had shotguns with ... I think he said rock salt???? No matter scared all of us enough we kept to ourselves and off the property of others.


47 posted on 07/07/2011 1:27:22 AM PDT by antceecee (Bless us Father.. have mercy on us and protect us from evil.)
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To: Nachum

This sounds like present day England. The devil might be in the details, but if the homeowner had been a cop it’s pretty sure he would escape censure, let alone punishment, for the very same thing “I thought I saw a gun so that’s why I shot him.”


48 posted on 07/07/2011 1:31:29 AM PDT by HiTech RedNeck (Hawk)
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To: TheConservator

It’s kind of hard to appeal upon the basis of ineffective counsel if the homeowner waited for months to get counsel. But what a dirty trick. He might have fared better in a bench trial, which is where you are usually better off to go if you’re innocent under the law. I hope the governor commutes or better, pardons.


49 posted on 07/07/2011 1:35:05 AM PDT by HiTech RedNeck (Hawk)
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To: org.whodat

Why, if he shot at the car as reported, would the occupants begin to walk up the driveway “unarmed”? I put that in quotes since the ones who escaped could easily have jettisoned any weapons the group had had.


50 posted on 07/07/2011 1:40:35 AM PDT by HiTech RedNeck (Hawk)
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