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Drunk Home Intruder Raids Fridge, Gets Shot(WV)
guns.com ^ | Nov 19, 2012 | dabneybailey

Posted on 11/22/2012 12:33:56 AM PST by marktwain

When you hear a bump in the middle of the night, the first thing that comes to mind is a guy in a ski mask nabbing your flatscreen TV. The last thing you think of is some dude in his underwear raiding your fridge.

According to reports, 76-year-old Jack Boggess in Charleston, West Virgina awoke at around 3:30 a.m. to a sound in his house. He immediately phoned 911, and then went to investigate with his gun in tow.

That’s where the homeowner found Darin Lanning in nothing more than a T-shirt and his underwear eating food out of the homeowner’s refrigerator. We’ve heard of getting munchies in the middle of the night, but breaking into a stranger’s home for a snack is a little bit on the crazy side.

The homeowner pointed his gun at the Lanning and ordered him not to move. The homeowner later claimed in the criminal complaint that Lanning moved towards him, so he was forced to shoot the intruder in the shoulder. Boggess recalled the scene, “He came at me. I told him to sit still… Christ, I didn’t want to kill him. I didn’t want to shoot him in the chest, so I shot him in the shoulder.”

Lanning was then held at gunpoint until the police arrived.

It didn’t take long for the cops to figure out that was Lanning was drunk as a skunk. Lanning had been arrested for public intoxication earlier that same day, when he confessed to drinking 12 beers and downing several shots.

Lanning was apparently so drunk that he wasn’t even able to recall how he got to Boggess' home or to Charleston. He had been staying with a friend in a nearby town because of Hurricane Sandy. Lanning was taken to the hospital for treatment and was then escorted to his new temporary home: the South Central Regional Jail. He is being held on a $25,000 property only bond.

The police have announced that they will not press charges on the homeowner, whom they claim acted in self-defense. One of the homeowner’s neighbors, William Kinney, agreed with the police.

“Boggess did the right thing,” Kinney said, “he didn't have to take a life, he did the right thing.”

It does seem that delivering a nonlethal wound was the right way to go. Some gun owners wouldn’t have any qualms about fatally shooting somebody who broke into their home, but delivering a kill shot to a guy who’s drunk out of his mind is somewhat excessive.

What if you were in that situation? If there’s an unwelcome intruder in your home at 3 a.m., do you shoot first and ask questions later, or would you refrain from shooting if you saw that the intruder was drunk?


TOPICS: Crime/Corruption; Culture/Society; News/Current Events; US: West Virginia
KEYWORDS: banglist; defense; home; wv
There are numerous incidents of drunk people entering other peoples houses without invitation. They usually do not break in, but when they do, it often leads to very bad results.
1 posted on 11/22/2012 12:34:08 AM PST by marktwain
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To: marktwain

“Christ, I didn’t want to kill him. I didn’t want to shoot him in the chest, so I shot him in the shoulder.”

Idiot.


2 posted on 11/22/2012 12:55:04 AM PST by BigCinBigD (...Was that okay?)
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To: marktwain

Laz spending the holidays in West Virginia ?


3 posted on 11/22/2012 1:10:26 AM PST by fieldmarshaldj (Resist We Much)
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To: BigCinBigD

Shooting the man in the shoulder could easily have killed him.

Shooting him in the shoulder could hit the axillary artery or the brachial artery. The bullet severing this artery the man could have bled out in a few minutes.


4 posted on 11/22/2012 1:29:12 AM PST by Pontiac (The welfare state must fail because it is contrary to human nature and diminishes the human spirit.)
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To: BigCinBigD
“Christ, I didn’t want to kill him. I didn’t want to shoot him in the chest, so I shot him in the shoulder.”

Idiot.

Idiot is right, in CA if you don't shoot to kill they will charge you. You have to tell them you were trying to kill the guy but are simply a poor shot, admitting to merely wounding him such as this guy did will result in being charged because they feel if the situation didn't warrant killing the intruder than you shouldn't have fired at all. I feel pretty much the same way, either fire center mass or find another way to subdue the guy.

5 posted on 11/22/2012 2:09:12 AM PST by calex59
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To: BigCinBigD
“Christ, I didn’t want to kill him. I didn’t want to shoot him in the chest, so I shot him in the shoulder.”

Sadly, he is now going to need a lawyer for the lawsuit when he gets sued.

6 posted on 11/22/2012 4:47:53 AM PST by Caipirabob (Communists... Socialists... Democrats...Traitors... Who can tell the difference?)
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To: marktwain
It didn’t take long for the cops to figure out that was Lanning was drunk as a skunk.

... and apparently, so is the writer.

7 posted on 11/22/2012 4:57:22 AM PST by Flick Lives (We're going to be just like the old Soviet Union, but with free cell phones!)
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To: BigCinBigD
Idiot.

Evidently the 76 year old guy had something you might lack (situational awareness) and lacks something you might have (the urge to kill just because you might get away with it).

I wouldn't hesitate to go for a kill if the situation indicated it was the best way to survive, but I would hope I wouldn't execute some drunken idiot just because I could.

8 posted on 11/22/2012 4:57:40 AM PST by trebb (Allies no longer trust us. Enemies no longer fear us.)
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To: marktwain
would you refrain from shooting if you saw that the intruder was drunk?

If all the guy had on was his underwear and he was raiding my fridge, I'd let him take what he can find. I can always buy more bread and beer......

9 posted on 11/22/2012 5:06:45 AM PST by Hot Tabasco (Jab her with a harpoon.....)
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To: Caipirabob

WVA law:

(d) The justified use of reasonable and proportionate force under this section shall constitute a full and complete defense to any civil action brought by an intruder or attacker against a person using such force.


10 posted on 11/22/2012 5:11:38 AM PST by FLAMING DEATH (I'm not racist - I hate Biden too!)
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To: trebb

Like I said. Idiot.


11 posted on 11/22/2012 5:12:11 AM PST by BigCinBigD (...Was that okay?)
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To: marktwain
I'm going with the Black Avenger, Ken Hamblin, on this one (and I paraphrase):

I didn't shoot him because he had my ham sandwich in his hand, I shot him because he had my ham sandwich in his hand in my house.

12 posted on 11/22/2012 5:12:54 AM PST by Feckless (I was trained by the US << This Tagline Censored by FR >> ain't that irOnic?)
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To: Hot Tabasco

“If all the guy had on was his underwear and he was raiding my fridge, I’d let him take what he can find. I can always buy more bread and beer......”

I won’t second guess the homeowner, but letting a thief, drunk or not, have your stuff without some sort of severe consequence is not the right answer.

I’d say his life or death depends on his mode of entry. If someone busts down the door, he’s as good as dead - drunk or not. If he stumbles into an unlocked door that’s a different story.


13 posted on 11/22/2012 5:19:05 AM PST by RFEngineer
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To: marktwain

it aint that easy to hit what you aim at under those circumstances with a pistol anyway. they guy must be a pretty good shot to pick out a small specific part of the anatomy and hit it.

you always read stories of cops, trained professionals, firing multiple rounds with only one or two hits.


14 posted on 11/22/2012 5:21:06 AM PST by beebuster2000
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To: marktwain

also, another great reason to get a dog, any dog. no one is going to break in drunk or sober with a dog barking his head off inside.


15 posted on 11/22/2012 5:21:56 AM PST by beebuster2000
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To: BigCinBigD

Wanna bet some lawyer is working up an “excessive force” suit against Mr. Boggess?


16 posted on 11/22/2012 5:44:10 AM PST by Little Ray (I have VOTED AGAINST Obama in the General.)
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To: BigCinBigD

Dead men tell no tales.

In other words, if you manage to kill the guy than your side is the only one that gets told.


17 posted on 11/22/2012 5:44:21 AM PST by BobL (You can live each day only once. You can waste a few, but don't waste too many.)
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To: marktwain

“... or would you refrain from shooting if you saw that the intruder was drunk?”

The homeowner had time to administer a sobriety test?

How’d the homeowner know the guy wasn’t high on bath salts?

Intruder could’ve been thinking... “Forget the ham sammich...I be wanting some of your head for a snack.”


18 posted on 11/22/2012 5:45:45 AM PST by moovova (Happy Thanksgiving to all. Say a prayer for your country when you bow your head today.)
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To: trebb

“I wouldn’t hesitate to go for a kill if the situation indicated it was the best way to survive, but I would hope I wouldn’t execute some drunken idiot just because I could. “

You miss what we’re saying. We don’t kill (or intend to kill) for kicks. We do it so OUR LIVES do not get turned upside down because some stranger decides to break into our residence.

If laws were different and the presumption is ALWAYS that a stranger in your house is a life-threatening situation, then we likely wouldn’t be advised (virtually unanimously, I might add) to shoot to kill. But the advice we’re given is based on real outcomes in real shootings - and many homeowners have gone broke, or even to jail, because they they didn’t want to kill the guy.


19 posted on 11/22/2012 5:49:02 AM PST by BobL (You can live each day only once. You can waste a few, but don't waste too many.)
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To: marktwain; mickie
This highly-befuddled guy undoubtedly thought he had returned to his own house....so he decided to raid the fridge, make himself a ham sammitch and mosey off to bed in his undies.

Leni

20 posted on 11/22/2012 6:10:31 AM PST by MinuteGal (Please Restore Former Format on FR "Latest Posts" Page ASAP !)
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To: marktwain

This is why we have German Shepherds.Drunks won’t get in the house in the first place.


21 posted on 11/22/2012 6:14:31 AM PST by Farmer Dean (stop worrying about what they want to do to you,start thinking about what you want to do to them)
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To: Hot Tabasco

And you may as well throw out the butter. No telling what he did with that....


22 posted on 11/22/2012 6:19:49 AM PST by When do we get liberated? (A socialist is a communist who realizes he must suck at the tit of Capitalism.)
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To: BobL

Indeed.


23 posted on 11/22/2012 6:23:08 AM PST by BigCinBigD (...Was that okay?)
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To: BigCinBigD

Stupid idiot.

You let them go once, they’ll be back. After the law suit, Underpants will be the new homeowner.


24 posted on 11/22/2012 6:26:56 AM PST by bgill (We've passed the point of no return. Welcome to Al Amerika.)
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To: marktwain
or would you refrain from shooting if you saw that the intruder was drunk?

NO

FMCDH(BITS)

25 posted on 11/22/2012 7:45:43 AM PST by nothingnew (I fear for my Republic due to marxist influence in our government. Open eyes/see)
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To: marktwain

Is it OK to shoot a drunk person in your home. You bet. There is no telling what a drunk person may, or may not do.

If someone is in my home at 3AM in the morning, it will not end well.


26 posted on 11/22/2012 7:46:04 AM PST by Herodes
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To: beebuster2000
....no one is going to break in drunk or sober with a dog barking his head off inside.

Unless a keyless drunk just happens to have a barking dog at his own domicile.

Not that I'm defending the drunk. The homeowner did what he thought he had to do to feel safe in his abode against an intruder.

27 posted on 11/22/2012 8:27:27 AM PST by Calvin Locke
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To: calex59
You have to tell them you were trying to kill the guy but are simply a poor shot

In that case, any F.R. member would be doomed because none would ever admit to being "a poor shot".

28 posted on 11/22/2012 8:52:46 AM PST by Graybeard58 (What G.O.P.e. candidate is in store for us in 2016?)
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To: marktwain
I had to explain to a friend several years ago that one does not "shoot to kill". You "shoot to stop".

It is simply a reality of human physiology that the two are roughly the same thing. Efforts to stop an attack will be concentrated on lowering the criminal's blood pressure in order to render him unconscious, damaging the nervous system so as to render the criminal unable to move, or damaging the brain in order to render the criminal helpless.

Once the attack has STOPPED, then one is no longer justified in further shooting, whether the criminal is still alive or not.

The permanent consequences of stopping the attack are simply a side-effect. There may someday be a convenient hand-held device that can reliably and harmlessly render an attacker immobile for long enough for law enforcement to arrive. When such a thing exists, we will face an obligation to arm ourselves with that tool in preference to firearms.

29 posted on 11/22/2012 12:10:44 PM PST by William Tell
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