You don’t get it.
I completely applaud his actions and his wife’s actions EXCEPT where he describes the perp as “pleading” during shooting. That’s just DUMB.
Read every pro-gun blog on the internet. They’ll all tell you not to say ANYTHING to law enforcement that could be damaging. Look at the Bernard Goetz case. While NYers roundly approved of Goetz, the prosecution used the fact that one perp was sitting as a way of attacking Goetz. Here’s an enlightening link:
http://law2.umkc.edu/faculty/projects/ftrials/goetz/goetzaccount.html
Look at the Trayvon Martin shooting - a clear case of self-defense in all of *our* books. The state’s attorneys and the media have made hay out of every little detail.
I can *guarantee* you that this perp will be contacted by a lawyer to pursue a civil case against this family because the wife kept shooting WHILE he was “pleading.” Whether or not he pursues that case or he wins it is IRRELEVANT. The husband made a critical error. He made a public statement with which someone can make hay.
So you’re wrong. Bear in mind that I fully support shooting the perp. Multiple times. But never, never, ever say something so stupid to law enforcement or on a 911 tape regardless of where you live.
You seem to forget that Eric Holder is the Attorney General. Whether or not this family lives in GA is irrelevant. If Holder wanted to bring some sort of federal hate crime charge, you KNOW he would.
The bottom line is that it’s not about whether or not charges get filed in this case, it’s about making a habit of SAYING NOTHING when involved in anything involving firearms. Too many hoplophobes out there.
And, yes, I have absolute confidence in my ability to keep my trap shut in that situation.
I agree...one should say nothing to the law....ever. The vast majority of people convicted of crimes tell on themselves. Hell..watch “The First 48” on A and E. So called gangster thugs are flipped like switches from “thug” to crying ass snivelin bitch boys...in minutes
And I apologize for my post. I was sick and tired of hearing the armchair quarterbacking all over the net.
But the point remains...how is he gonna get charged with anything? He was one his way home when she shot the perp...and he was on the phone with 911.
Let the perp sue. Ain’t no jury in Georgia gonna give him jack. Nada.
Oh wait...he has no standing in Georgia.
Snip...
Defense of habitation; (here habitation means dwelling, motor vehicle, or place of business) A person is justified in the use of force which is intended or likely to cause death or great bodily harm only if:
A person is breaking\has broken into your home in a violent and tumultuous manner, and you think that the intruder is going to assault you or someone else living there.
A person who is not a member of the family or household and who unlawfully and forcibly enters the residence and you know it is an unlawful entry.
The person using such force reasonably believes that the entry is made or attempted for the purpose of committing a felony therein and that such force is necessary to prevent the commission of the felony.
(16-3-23)
Defense of property other than habitation; Lethal force cannot be used to protect real property unless the person using such force reasonably believes that it is necessary to prevent the commission of a forcible felony.(16-3-24)
(Stand Your Ground/Shoot First/License To Murder - went into effect July 1st, 2006) If you have determined you need to use lethal force (as stated in one of the underlined “Defense” sections immediately above) you do not have to try to retreat before using that force. If your defense is valid, you are immune from criminal prosecution (unless it is illegal to carry that weapon where you used it) and civil liability actions.(16-3-23.1, 16-3-24.2, 51-11-9)
The shooting was legal and valid....therefore NO civil liability is in play.
O.C.G.A. § 51-11-9
Immunity from civil liability for threat or use of force in defense of habitation
A person who is justified in threatening or using force against another under the provisions of Code Section 16-3-21, relating to the use of force in defense of self or others, Code Section 16-3-23, relating to the use of force in defense of a habitation, or Code Section 16-3-24, relating to the use of force in defense of property other than a habitation, has no duty to retreat from the use of such force and shall not be held liable to the person against whom the use of force was justified or to any person acting as an accomplice or assistant to such person in any civil action brought as a result of the threat or use of such force.
HISTORY: Code 1981, § 51-11-9, enacted by Ga. L. 1986, p. 515, § 1; Ga. L. 2006, p. 477, § 3/SB 396.