“It was anything but reasonable and rational.”
You’re going to have to explain that to me. Two young, healthy kids invade the home of a 65 year old man. He shoots them both and kills them.
I don’t care what he said in the heat of the moment, those boys were dead the minute they crossed the threshold.
What should be looked at on appeal is this: Mens rea should not apply to the Castle Doctrine. That they invaded the home with the intent to commit a crime is all that should be needed to establish the appropriateness of deadly force in the defense of the same.
You pop up, see two people in your bedroom, pull the gun next to your bedframe and kill both. Is anyone, including the court here, implying that I have to establish the intentions of those invading the home, or that I have to establish and document my state of mind BEFORE I can act to protect myself?
What a day. A man has just been fined $2.5M and told he must sell his property - and he committed no crime at all. In fact, a crime was perpetrated on him.
My wife had her wedding rings stolen today. I feel like I’ve been raped. I called 911. The nice officer called and took my statement over the phone, gave me a case number, and told me, “Sorry”
My FRiend, had I caught the guy red handed, I’d have used my shotgun and blown the perp out of his socks. My Mens Rea? You want the one that isn’t going to result in ThoughtCrime, or you want the truth?
The truth?
“I was scared out of my mind and in fear of my life, officer. The rest was a blur and I don’t remember much. Afterward, there were two dead bodies and five spent shotshells down on the floor in front of me. I’m still frightened, and I feel physically ill and I need to see a doctor immediately.”
Everything else you might be thinking, feeling, or wondering about is a lie. Everything in between the quote marks is the truth, and you should recite this truth word for word to the officer that arrives on the scene. You should recite as much as loud as you can while you are blasting away so that the 9/11 operator can clearly hear you tell her or him the truth too.
When you get to the doctor, tell them you have a giant pain in your chest, that your arms are tingling, and that you feel like you are going to pass out.
This will ensure that nobody or nothing is going to speak to you for a good four to eight hours prior to your LAWYER showing up.
If ANYBODY asks you ANYTHING, you just keep repeating: “Chest pains, need doctor.”
This man is going to jail because he felt violated, he felt like he was victimized, and he felt like his government had failed to provide any disincentive at all to those who would seek to invade his home, threaten him, and take his property.
There is NOTHING reasonable or rational about the feeling you get when you are faced with home invaders. He should sue his attorney for malpractice. You can’t read the minds of the people who were callous enough to invade you home with the intent of committing some violent act. What makes it reasonable to read into the verbal statements of a 65 year old man whose house has been invaded by TWO people (outnumbered).
Uh no...Maybe someone else has the time to explain the obvious to you.
I don’t care what he said in the heat of the moment
There was no "heat of the moment."
He never raised his voice.
He was calm and collected from start to finish.
Everything was meticulously planned for maximum psychological effect.
Only one was a boy.
Again, you should probably familiarize yourself better with the details.
Facts matter.