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Slaying of attacker declared legitimate by officials (PA killing allowed by Castle Doctrine)
Pittsburgh Post-Gazette ^ | 28 December 2011 | Moriah Balingit

Posted on 12/29/2011 4:59:35 AM PST by Erik Latranyi

Authorities announced Tuesday that a Somerset County man who shot and killed an armed rival in front of his Central City home will not be charged after they determined the freshly amended Castle Doctrine protected his right to shoot the man from his front porch.

Tony L. Bittinger, 43, of Salisbury, died almost instantly on the afternoon of Oct. 10 after being struck in the chest with an arrow.

The man behind the bow, a 38-year-old man whom police declined to identify, told police he fired on Mr. Bittinger after he came at him with a 32-inch wooden club.

State troopers said the spat stemmed from Mr. Bittinger's romantic involvement with the other man's wife.

Somerset County District Attorney Jerry Spangler said the case is the first in the county to test the controversial Castle Doctrine, which radically expanded a homeowner's right to use deadly force against an intruder. Though the man may have been cleared under the old law, "the new law makes it clearer," he said.

State police said Mr. Bittinger had called and threatened the man before. He became angry after the man's wife stopped returning his phone calls and left a voice mail on her phone saying that he was coming to "put a hole in [the man's] head."

(Excerpt) Read more at post-gazette.com ...


TOPICS: Constitution/Conservatism; Crime/Corruption; News/Current Events; Politics/Elections; US: Pennsylvania
KEYWORDS: banglist; castledoctrine; pennsylvania
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Score one for the good guys!
1 posted on 12/29/2011 4:59:39 AM PST by Erik Latranyi
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To: Erik Latranyi

Thin ice. I’d be very reluctant to consider settling a continuing dispute with a weapon.


2 posted on 12/29/2011 5:04:29 AM PST by QBFimi (When gunpowder speaks, beasts listen.)
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To: Erik Latranyi

The dead guy got the point!!!!


3 posted on 12/29/2011 5:05:32 AM PST by shankbear (The GOP and the mass media are giving us another McCain......thanks.)
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To: QBFimi

The new Pennsylvania “ Castle Doctrine” Law also protects you from civil suits from the room temp. perps family .


4 posted on 12/29/2011 5:06:22 AM PST by Renegade
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To: QBFimi
"I’d be very reluctant to consider settling a continuing dispute with a weapon."

If someone's coming at you with killing in their mind there's really no alternative. Other than dying, that is.

5 posted on 12/29/2011 5:07:14 AM PST by circlecity
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To: QBFimi
Thin ice. I’d be very reluctant to consider settling a continuing dispute with a weapon.

Then, take your beating from a drunk man who wants your wife and pray to Gaia that you survive and can have a beer summit afterwards.

6 posted on 12/29/2011 5:07:57 AM PST by Erik Latranyi
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To: Renegade
The new Pennsylvania “ Castle Doctrine” Law also protects you from civil suits from the room temp. perps family .

Thank you, Gov Corbett and Pennsylvania conservatives!

7 posted on 12/29/2011 5:09:19 AM PST by Erik Latranyi
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To: Erik Latranyi

“...killing him almost instantly.”

He could have hit the heart, but the last I knew arrows killed by bleeding, and that’s not likely to be “instantly” from the target’s point of view.

Good shoot, but I’ll stick with one of the pistols, or better yet, one of the rifles.


8 posted on 12/29/2011 5:18:33 AM PST by benewton
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To: Erik Latranyi
Actually, not really. Tony was "my ex-girlfriends new ex-boyfriend"...I know it sounds complicated.

But, from all that I have discovered, it was murder, pure and simple.

Tony was carrying a stick while walking towards the house, the killer shot him through the heart with an arrow, pulled the arrow out, beat him with a baseball bat and left him there.

Furthermore, the murderer has been arrested NUMEROUS times on drug charges and NEVER been prosecuted. No drug testing was performed on the shooter (as required by law)

This is, most likely, a case of Dirty cops NOT prosecuting a murderer because he could bring them all down.

I'm AMAZED you people still believe what you read in the papers.

9 posted on 12/29/2011 5:23:53 AM PST by KeepUSfree (WOSD = fascism pure and simple.)
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To: Erik Latranyi

Club beats pacifist.
Arrow beats club.
But in PA, Lawyer does not beat arrow.

It's like "Rock, scissors, paper" but more fair.

10 posted on 12/29/2011 5:32:12 AM PST by Pollster1 (Natural born citizen of the USA, with the birth certificate to prove it)
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To: KeepUSfree
This is, most likely, a case of Dirty cops NOT prosecuting a murderer because he could bring them all down.

I'm AMAZED you people still believe what you read in the papers.

And we are supposed to believe you, why? Knowing prosecutors as well as I do I am assuming that this was a good shoot. Prosecutors will press charges when ever they think they have a case even if the one being charged is innocent. Believing you and believing the papers amounts to the same thing, neither of you have proved to anyone on this thread if you are telling the truth.

In your case(and I assuming you know these people, or at least claim too)it could be something as simple as not liking the shooter and liking the dead guy, so you talk against the shooter. Papers do not typically print in favor of the shooter and normally they talk against the castle doctrine, if this was a suspicious shoot and a possible murder, I am sure they would have been railing against the weak gun laws and how the castle doctrine allowed this guy to get away with murder.

11 posted on 12/29/2011 5:40:58 AM PST by calex59
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To: Erik Latranyi
Something to feel good about: Our families are not sitting ducks for armed, violent intruders who enter our homes and places of business intent on harming--and/or killing!--us, our children, our wives, and other innocent people!

At last some common sense from the government that exists ONLY to protect us and our rights.

Always remember the sage words of J.C. Adams:

"No need to let something like that live."

DECATUR, Ga. - When 74-year-old J.C. Adams saw three would-be robbers walk into his convenience store, he grabbed his shotgun with one hand and balanced himself on his walker with the other.

On a surveillance monitor, he saw two men and a woman hold up an employee at the cash register. That's when Adams pushed his walker to the front of the store and confronted the armed suspects, killing one man and wounding the other. An employee held the woman until police arrived.

"No need to let something like that live," said Adams, who had been wounded in a May 2000 robbery attempt in which he killed another intruder.

12 posted on 12/29/2011 5:49:02 AM PST by Savage Beast (Marxism requires a brutal dictatorship. P.T. Barnum said it even better than George Orwell did.)
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To: KeepUSfree

Castle Doctrine or not, if a man says that he’s coming to put a “hole in my head” and I see him coming at me with a weapon he going to be put down immediately.

End of story.


13 posted on 12/29/2011 5:51:39 AM PST by panaxanax (0bama >>WORST PRESIDENT EVER.)
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To: KeepUSfree

Castle Doctrine or not, if a man says that he’s coming to put a “hole in my head” and I see him coming at me with a weapon he going to be put down immediately.

End of story.


14 posted on 12/29/2011 5:57:59 AM PST by panaxanax (0bama >>WORST PRESIDENT EVER.)
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To: QBFimi
"Thin ice. I’d be very reluctant to consider settling a continuing dispute with a weapon."

Oh yeah?

A man comes to my home and threatens me with a club? Castle Doctrine invoked!

Turn it around: You go to a man's home with a club and threaten him. You expect to be invited in for tea and crumpits? Don't be on it. Castle Doctrine invoked! You won't know what hit you.

LESSON #1: Do not threaten anyone with violence--especially in his/her home or place of business. Castle Doctrine!

LESSON #2: Relax. You can sleep peacefully at night knowing that your children are safe in their beds because violent criminals who would harm--or kill!--them are deterred by the Castle Doctrine--and that you are safe from harm if you stop them should they try!

15 posted on 12/29/2011 6:01:28 AM PST by Savage Beast (Marxism requires a brutal dictatorship. P.T. Barnum said it even better than George Orwell did.)
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To: KeepUSfree
But, from all that I have discovered, it was murder, pure and simple.

Your "investigation" is biased by your involvement.

Tony threatened to kill, got drunk, showed-up with a weapon and trespassed on private property.

This is a better world without Tony.

16 posted on 12/29/2011 6:04:02 AM PST by Erik Latranyi
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To: Erik Latranyi

Please read the complete article, not just the excerpt. IMHO, too much dancing around with the perp. He coulda walked in the house and called 911. A few things to consider follow. (No, I’m NOT a lawyer, and this is NOT legal advise. Simply a few musings from an old geezer to entertain youns.)

1/ Try not to kill anyone; it’s too expensive.
2/ And, never say or think “kill”. All you are entitled to do is to “stop the threat”.
3/ NEVER carry your weapon without having a cellphone handy. If it hits the fan, be the FIRST one to call 911. Afterwards, don’t hang up - the phone becomes a tape recorder - it will help you if you are charged.
4/ Repeat after me: “I was attacked - I thought I’d be killed - I defended myself”.
5/ After an encounter, don’t be dancing around with a big grin like a jackass saying “I shot that MF.” Granny from across the street will remember that. Better: “Send an ambulance; someone’s been shot.” Don’t answer the next question - see #4 above.
6/ When the cops get there, drop the gun. Duh. ($5,000 stainless steel custom made Kimber - yeah, whatever.) Expect to be treated like a criminal. (Everybody’s a criminal until the cops’ adrenalin level gets back to normal.) Thrown on the ground and cuffed. Taken in the back of a police car down to the station.
7/ This is a stressful situation. Other than #4 above, respectfully decline further answers until you have calmed down and talked to your lawyer. You may have to do this repeatedly as more senior officials arrive on scene.
8/ Don’t sound like a damn criminal: “I’m takin’ the 5th, copper.” Tell them the truth: “I just wanted to go home to my wife and kids.”
9/ FReepers, know your state law. And not from some loudmouth on the internet or at the range - from a reputable source. Obtain a copy and study it yourself. Then talk to your lawyer.
10/ How long since you’ve been to the range? Practice! This is not target shooting. Or “spray-n-pray”, for that matter. Take some lessons. Ammo is cheap; your life is not. Shooting is fun! Have you taken the NRA PPITH/PPOTH courses?

This Pennsivania law sounds like the best. This guy got the hero treatment. Your results may vary. For acts of stupidity lasting more than four minutes, see your lawyer. Plan on spending $25-50,000 - for starters.

This from a CCW instructor - certified in four states. BTW, our CCW courses run 8 hours - no gunshow back-room Uncle Billy-Bob quickie BS war story-filled BS sessions.) I’m also a police firearms instructor, certified in two states, and a Senior Training Counselor for a national firearms organization.


17 posted on 12/29/2011 6:14:05 AM PST by QBFimi (When gunpowder speaks, beasts listen.)
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To: calex59

>> Prosecutors will press charges when ever they think they have a case even if the one being charged is innocent.

Boy, is this an understatement. What a bunch of conniving, amoral bastards. (This from personal experience.)

Defenders of your own life and liberty - beware.


18 posted on 12/29/2011 6:23:53 AM PST by QBFimi (When gunpowder speaks, beasts listen.)
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To: QBFimi

He’s lucky not to have to mortgage his home to pay lawyers
to defend himself.

But he will have to replay this in his mind the rest of his life.


19 posted on 12/29/2011 6:28:57 AM PST by RitchieAprile
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To: Erik Latranyi

DITTO that !That POS Rendell vetoed the bill when it came to him .


20 posted on 12/29/2011 6:36:04 AM PST by Renegade
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