North Dakota law first requires that a person attempt to retreat, stating that the use of deadly force "is not justified if it can be avoided, with safety to the actor and others."
But North Dakota law further states that an individual is not required to retreat within or from his own home or place of work.
No 'new' questions are raised. Instructors teach to what the law is in their state.
But we do need "Castle Doctrine" passed in Minnesota.
Agreed. He performed an execution after they were incapacitated, (different ballgame) This doesn’t mean you still shouldn’t be able to shoot an unarmed intruder.
I disagree with this sentence
Premeditated murder is something you plan in advance
He did not PLAN on these people breaking into his house, and in a fit og rage he DID go overboard but it was not “premeditated”
In that situation your emotions take over and you lose control
He should have been found guilty of manslaughter
According to this nitwit, we can only meet force used illegally against us with ONLY the same amount of force and no more. That is insane. It’s likely to make the attacker all the more angrier and escalate the attack.
We should use escalated force until the attacker is incapacitated.
Funny how the article includes smiling, innocent photos of the perps, Trayvon-style. Let’s you know whether to believe the article or not.
Sounds like he got a bad jury.
Smith stood over the girl while she was already near dead and pumped her full of rounds with a finishing round under her chin, with a pistol her retrieved from another room.
If you are able to safely retrieve another weapon from a room then stand over that person and fill them full of lead with a chin shot as a finisher, YOU ARE NOT IN FEAR OF YOUR LIFE.
And that kids, is murder.
The NoDak law needs to be fixed for all venues.
“Officers are taught to use common sense when faced with a potentially deadly situation, and citizens should use the same kind of good judgment, Vettel said.”
Oh now there’s some real enlightenment. Being taught and getting away with as an LEO are mile apart. The citizen should be given this much leeway as well.
He probably should not have shot them AT ALL, unless he could see that they were armed with firearms. Even if they had had a bat, or a knife, I think I would have told them “FREEZE!” while aiming at them.
bfl