Posted on 05/30/2013 6:04:38 AM PDT by marktwain
Dori thinks it should be legal to use deadly force to protect your property, but Spokane prosecutors disagree. They announced Wednesday that they are charging Gail Gerlach, who shot and killed a carjacker, with First Degree Manslaughter.
According to reports, 56-year-old Gail Herbert Gerlach had left his Chevy Suburban running in his driveway to warm it up on a cold day in March when Brendon Kaluza-Graham tried to drive away with it. Gail fired his gun, hitting Brendon in the head and killing him.
Gail said he saw Brendon raise his arm in his direction; he thought Brendon had a gun. But police later searched the car and didn't find a weapon.
After the shooting, KREM TV reported that Kaluza-Graham had been caught stealing cars four times in the past, and had been convicted of assaulting a police officer. Police report that he'd had multiple run-ins with law enforcement where he had been armed with knives.
(Excerpt) Read more at mynorthwest.com ...
When I lived in Seattle, there was a California attorney being interviewed on local talk radio about California (not washington, but interesting) law regarding using deadly force. Here is the example he used to drive the point home:
If you are a woman who has just been the victim of a home invasion and the perp has just brutally raped you and left you for dead, as you lay on your living room floor he is exiting your apartment. You suddenly notice your hand is touching your pistol under your sofa. In a fit of adrenylin, you grab the pistol, force yourself up, aim the pistol and shoot him in the doorway. He dies of his wounds.
You are guilty of first degree manslaughter (at the least) because the guy was leaving and not a current threat to your life.
I no longer take the law seriously in this country.
The thief’s grandparents, who raised him, called him a “sweet kid” who made some mistakes in life.
Judge a tree by it’s fruit, granny.
You own a gun you need to know all the laws of your state.
I love South Carolina. Protect your property and self.
I volunteer to serve on this jury...in fact, I don’t do much more than send in an absentee ballot: NOT GUILTY.
Me neither.
I guess there’s no castle law there. That will make criminals think twice about trying to jack your stuff.
“the officer felt threatened...”
“Gail said he saw Brendon raise his arm in his direction; he thought Brendon had a gun. “
If a cop shot someone under the same circumstances it would be legal.
(6) “Concealable weapon” means a firearm having a length of less than twelve inches measured along its greatest dimension that must be carried in a manner that is hidden from public view in normal wear of clothing except when needed for self defense, defense of others, and the protection of real or personal property.
Will a jury convict him?
Washington state? 50/50
Spokane? 80/20?
Big cities usually equates to Progressive majority.
First of all, some on this thread are under the impression that the shooter is a woman; it was a man. Anyway, the guy had left his car running in front of his house (stupid, and illegal in Washington). And as far as the furtive movement, the thief was shot in the back of the head as he was driving away - in fact, he actually made it several blocks before running into a utility pole. It seems unlikely that a person running out of their house would be able to see any kind of movement through the tinted back window and past several headrests.
Where was his brother Sue when all this took place?
Have you actually been to Spokane? It’s not exactly a “big city” or a hotbed of liberalism.
So a man or woman who is “deputized” and expected to be honest and forthright can simply state they felt “threatened,” yet a citizen, supposedly presumed innocent until proven guilty, is immediately suspect when they shoot and kill someone stealing their property, grand theft auto, a felony.
This is further proof that we no more “own” our property than we do our own lives. We can’t protect our property from anyone or anything. Apparently only the police, who’ll just as soon shoot you on your own property, are permitted to shoot the bad guys.
Getting real tired of your shit, law enforcement.
NO, and a grand jury shouldn't indict.
Saw an article yesterday where an Iraq and Afghanistan vet accosted a crook breaking into his house. He told crook he better flee and he then fired the warning shot into the ground with his “assault rifle.” He DIDN’T fire the shot into the crook’s head or chest.
Guess who was arrested and what charge was filed?
The Spokane boys are trying to “send a message”. Don’t shoot Obama voters while they are in the act of committing a felony.
FBI shoots unarmed alledged accomplice to Boston terrorist.
government troops shoot unarmed terrorist in boat.
Not hearing of any penalty.
“You own a gun you need to know all the laws of your state.”
Very true. We moved to VA from MD 5 years ago, and we are much happier here
However, MD allows for use of deadly force to protect property while VA doesn’t., and here, there has to be an immediate threat of grave physical injury to allow use of a firearm.
In this case, in the Freak State, all would be OK, but here in the Commonwealth, the woman would be charged with murder.
remote start with automatic door locking...it’s a wunnerful thing.
If you have quoted that word-for-word it seems this person would be in the clear. I mean it doesn’t say “violent felony” just felony. Clearly the shooter was acting to prevent a felony.
I must say I always get nervous about warming up the car unattended. Thieves steal cars when they aren’t running, this just makes it so easy for them.
But I grew up in NYC in the 70s, I always say I’d lock my car if it was parked in the grand canyon.
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