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Homeowner could faces charges in shooting
WCNC-TV (North Carolina) ^ | 9/12/06 | Glenn Counts

Posted on 09/13/2006 10:03:11 AM PDT by kiriath_jearim

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To: kiriath_jearim

“It’s not worth a life,” said Mobley’s Aunt Mary Wheeler. “It’s like you see a dog and you don’t want him on your land and you shoot him.”

Apparently this is what the dead Mobley depended on for a safe working environment.


21 posted on 09/13/2006 10:14:51 AM PDT by School of Rational Thought (Republican - The thinking people's party)
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To: pissant

I don't give a crap about that kind of a low life who steal and break into people's properties. I personally don't think I would have shot to kill, but then I'm not sure there's a choice. Who knows if he would have survived the guy might have to put up with who knows what lawsuits as the laws of this country are increasingly protecting criminals.
To be honest, I don't see what is so wrong about Islam fanatics chopping off the hands of thieves. If they did that, lowlife scum like this would think twice before breaking into a car or a house.
Now if the guy was in my house in the middle of the night, uninvited and I had a loaded gun, there is no way he would get out alive. I know how to put that piece of lead in his sorry brains. Sorry but I have 3 little girls in there that could easily be harmed or used as hostages, and I am not willing to take the risk of having to live the rest of my life with the thought that I didn't do everything I could to keep them from being harmed.


22 posted on 09/13/2006 10:15:08 AM PDT by greenthumbedislndr
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To: kiriath_jearim
but he did often help the elderly with raking leaves and cleaning up around their yards.

Apparently he cleaned stuff out of their cars too.

23 posted on 09/13/2006 10:15:28 AM PDT by KarlInOhio (Dems - Your conduct is an invitation to the enemy, yet few of you have heart enough to join them.)
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To: kiriath_jearim

About 15 years ago here in Bucks County a homeowner shot a fleeing burglar (who had been burglarizing a garage) in the back when the burglar was halfway down the street. The DA at the time, Alan Rubenstein, just let it go.


24 posted on 09/13/2006 10:16:01 AM PDT by Lancey Howard
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To: pissant

I keep a loaded (230 hydrashocks) Glock G21 for carry, but for the hosue I have a remington 870 12 gage with 7 shots in the tube and 5 on a side saddle. 00 Buckshot 12 pellet magnums.


25 posted on 09/13/2006 10:16:52 AM PDT by Hydroshock ( (Proverbs 22:7). The rich ruleth over the poor, and the borrower is servant to the lender.)
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To: kiriath_jearim

I thought NC passed a "defense of habitation" law following the Durham circus that ensued when Michael Seagroves shot and killed one of the perps who broke into his garage.


26 posted on 09/13/2006 10:18:01 AM PDT by NautiNurse (Katherine Harris for U.S. Senate)
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To: Hydroshock

Yes, the only problem with the 12 guage is the mess it will leave. LOL


27 posted on 09/13/2006 10:18:28 AM PDT by pissant
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To: pissant

When I shot something I like it st stay shot. Besides I want to replace the carpet with tile anyway.


28 posted on 09/13/2006 10:19:53 AM PDT by Hydroshock ( (Proverbs 22:7). The rich ruleth over the poor, and the borrower is servant to the lender.)
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To: kiriath_jearim

Can't anyone read? The thief was not in the house.

From the report: "Kirkley grabbed a gun and went outside."


29 posted on 09/13/2006 10:20:47 AM PDT by swain_forkbeard (Rationality may not be sufficient, but it is necessary.)
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To: kiriath_jearim

Neither my Ford nor my Toyota are worth killing over.


30 posted on 09/13/2006 10:21:01 AM PDT by stuartcr (Everything happens as God wants it to.....otherwise, things would be different.)
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To: Hydroshock

I'll send a criminal your way then. I wonder if insurance covers criminal guts damage to the carpets and walls?


31 posted on 09/13/2006 10:21:01 AM PDT by pissant
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To: CORedneck
NC is being overrun by NY and Northeast liberals who lack common sense.

That's because NC has the most generous welfare system in the country.

They're killing themselves with their own golden egg.
32 posted on 09/13/2006 10:22:40 AM PDT by HEY4QDEMS (Sarchasm: The gulf between the author of sarcastic wit and the person who doesn't get it.)
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To: kiriath_jearim
The police and prosecutors are working towards a day when no crime victim will make any statement to them without the advice of counsel. And when victims "lawyer up" there will be no statement. Splitting hairs on the conduct of frightened crime victims is a big big law enforcement mistake.

The only think more destructive to police investigatory effectiveness is the obsession with "process crimes." Like Scooter Libby's case.
33 posted on 09/13/2006 10:23:37 AM PDT by anton
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To: Hydroshock
Come to TX, here if they are in your house nothing is said unless your weapon is crew serve or belt fed.

What's wrong with that?

34 posted on 09/13/2006 10:23:45 AM PDT by from occupied ga (Your most dangerous enemy is your own government)
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To: pissant

I can patch my own drywall, and I can do my own tile work. I once worked in the construction trades.


35 posted on 09/13/2006 10:23:48 AM PDT by Hydroshock ( (Proverbs 22:7). The rich ruleth over the poor, and the borrower is servant to the lender.)
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To: CORedneck

As for my personal beliefs and values, I feel that the homeowner was justified in his act. Besides, the decedant initiated the act becasue of his unlawful entry upon defendants land. However, without a clear definitoin of statute, I cannot let my personal feelings overule. The second restatement of Torts says that deadly force can be used for defense of property if and only if the actor reasonably believes that the trespasser will casue death or serious odily harm to the actor or a third person in teh actors care unless expelled or exluded by the deadly force of the actor. I know that this deals with the civil side of the law and also is not universally used, however, it is a good example of how many courts will treat this case. Unless it can be found that the homeowner reasonably belived that he had to kill the trespasser in order to protect himself from such a fate, then unfortunately, the homeowner will be held liable. This shoud underscore the fact that we must stand up and ask our legislatures to make statutes that allow for the use of deadly force in more situations than just the home. Justice comes from who and what we vote for, and how well be pressure our states to make changes in statutes that we feel are most just. This is just underscores why the Patriot Act should be permanent forever!!!


36 posted on 09/13/2006 10:24:03 AM PDT by seapirate
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To: greenthumbedislndr
I personally don't think I would have shot to kill, but then I'm not sure there's a choice.

Anything other than a center-mass shot if foolish, especially at night, with far too many unknowns. How many people are really good enough with a handgun to try to shoot-to-wound? I am not going for any leg shot, and I am not going for a head shot, it's going in the chest.

I think this homeowner showed restraint by only pulling the trigger once.

37 posted on 09/13/2006 10:24:06 AM PDT by Toby06
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To: Hydroshock

Most IT guys cound't spackle a screw hole. LOL


38 posted on 09/13/2006 10:24:42 AM PDT by pissant
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To: from occupied ga

ATF pukes get twitchy.


39 posted on 09/13/2006 10:25:41 AM PDT by Hydroshock ( (Proverbs 22:7). The rich ruleth over the poor, and the borrower is servant to the lender.)
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To: kiriath_jearim
“It’s like you see a dog and you don’t want him on your land and you shoot him.”

Precisely.

40 posted on 09/13/2006 10:26:41 AM PDT by Oberon (What does it take to make government shrink?)
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