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1 posted on 10/01/2006 9:28:05 PM PDT by baldeagle390
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To: DaveLoneRanger

Odd turn of events.


2 posted on 10/01/2006 9:29:11 PM PDT by xrp (Fox News Channel: MISSING WHITE GIRL NETWORK)
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To: baldeagle390

I just learned a lesson. Empty the clip.


3 posted on 10/01/2006 9:30:15 PM PDT by blam
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To: baldeagle390

It's a good thing that Florida's new castle doctrine law expressly forbids those kinds of suits. Looks like Wisconsin has some cutting and pasting to do. Then a veto to override, a bill to refile, another attempt ...


4 posted on 10/01/2006 9:33:21 PM PDT by NonValueAdded (Treaty Fetishism: "[The] belief that a piece of paper will alter the behavior of thugs." R. Lowry.)
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To: baldeagle390

Not surprising.When you consider that the left thinks terrorists should have more rights than we, as citizens, do, who is surprised when they think that criminals should have more rights than victims? It's the propaganda of good=evil and evil=good. Sad state of affairs in the greatest nation on God's green earth.


5 posted on 10/01/2006 9:33:45 PM PDT by originalbuckeye
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To: baldeagle390

The unfortunate thing is that the homeowner didn't kill this perp. There have been similar cases and the bad guy usually wins because he is disabled for life and cannot work because of the homeowner's actions.


6 posted on 10/01/2006 9:33:47 PM PDT by NY Attitude (You are responsible for your safety until the arrival of Law Enforcement Officers!)
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To: Joe Brower

ping


8 posted on 10/01/2006 9:35:09 PM PDT by stainlessbanner
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To: baldeagle390
The Milwaukee County suit claims Rainiero used excessive force to deal with the intruding plaintiff and alleges severe and permanent injuries, relentless pain, and loss of earning capacity. The suit doesn't specify a damage amount.

Wrong! The perp is alive! Three shots center of mass and do not use full metal jacket. Might I suggest the fine line if ammunition from Corbon. They make very good stuff.

14 posted on 10/01/2006 9:38:00 PM PDT by cpdiii (Socialism is popular with the ruling class. It gives legitimacy to tyranny and despotism.)
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To: baldeagle390
The Milwaukee County suit claims Rainiero used excessive force to deal with the intruding plaintiff and alleges severe and permanent injuries, relentless pain, and loss of earning capacity.


15 posted on 10/01/2006 9:38:42 PM PDT by martin_fierro (< |:)~)
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To: Neil E. Wright

Ping


16 posted on 10/01/2006 9:39:52 PM PDT by trussell (Work for God...the retirement benefits are eternal!)
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To: baldeagle390
If the case is thrown out, Prochaska can be forced to pay up to $500 of the legal expenses

Pretty good incentive to try a suit if you're inside. Is the defendant's liability also $500 ? Bet it's not. Like all the apochryphal stories say, shoot to kill.

19 posted on 10/01/2006 9:45:16 PM PDT by 1066AD
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To: baldeagle390

I worked with a guy some years ago, who caught a burglar in his house at 3 am. He worked him over, after being assaulted with a 2 x 4 and then called the cops. The perp sued and was given $30,000 by my coworker's home owner's insurance company which then dropped him. They figured it would be chaper to pay the scum off than go in front of a civil jury.


22 posted on 10/01/2006 9:53:27 PM PDT by Eagles6 (Dig deeper, more ammo.)
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To: baldeagle390
. . .alleges severe and permanent injuries, relentless pain, and loss of earning capacity. Ya want some cheese with that whine? And hang on a second, I'm gonna call a wah-bulance. What is this country coming to?
23 posted on 10/01/2006 10:00:12 PM PDT by macmedic892 (I am serious. And don't call me Shirley.)
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To: baldeagle390
"Although, he had an entire magazine of bullets"

Tough to shoot someone with just bullets.

25 posted on 10/01/2006 10:07:09 PM PDT by Cobra64 (Why is the War on Terror being managed by the DEFENSE Department?)
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To: baldeagle390

This is why you use a shotgun and shoot to kill if someone breaks into your house.


28 posted on 10/01/2006 10:13:17 PM PDT by CMS (Back at Fort Campbell!! IF YOU CAN'T STAND BEHIND OUR TROOPS, THEN PLEASE STAND IN FRONT OF THEM)
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To: baldeagle390

Kurt E. Prochaska, a Janesville man tore an exhaust fan off the roof of Dr Michael Rainiero's home.


"Both the homeowner and Prochaska are at opposite ends of the hallway. The homeowner verbally challenges him, tells him to leave, to get out," Davis [Lt. Danny Davis, head of Janesville police detectives.] said.

This morning, investigators still had not talked with Prochaska, but Davis said Rainiero told officers that after ordering Prochaska out of the house, Prochaska stepped into a bathroom off the hallway.

"That's when the homeowner retreated to the bedroom and got his gun," Davis said.

Rainiero told police he loaded the .380-caliber semiautomatic pistol that he keeps in his bedroom and cocked a shell into the chamber, Davis said.

"When the homeowner stepped back into the hallway with his firearm, Prochaska emerged from the bathroom and was now back in the hallway," Davis said.

Rainiero told police he verbally challenged the intruder again, Davis said.

"When Prochaska did not respond to the homeowner's request to leave, the homeowner shot him," Davis said.


Wisconsin law doesn't allow people to use deadly force to defend property, and offers Dr Rainiero no protection from a civil lawsuit.



A man, Dr. Michael Rainiero, with his wife and three daughters in the house, hears a crashing sound in his home in the middle of the night and goes to investigate and finds a man, Kurt Prochaska, in the hall of his home. He yells several times to “get out.” He was loud enough that neighbors hear him yelling at the slug to get out of his home. The slug refuses to leave and just stands there.

The home owner goes back into his bedroom to get his gun and comes back into the hall, where he continued to yell at the burglar to get out as he unlocked and loaded his gun, the man still refused to leave, and fearing that the man would get into the dark and become more dangerous, he fired one shot at the man. The bullet hit the scum and did damage to his spinal cord.


Within three days, this thug’s wife, Julie Prochaska (who is obviously a real winner herself), told police that the doctor had no right to shoot her husband, and they were going to sue the homeowner. Yesterday, they filed suit against Dr. Rainiero in Milwaukee, not in Rock County where this happened. He is obviously hoping that he can get a more sympathetic jury in Milwaukee (wonder why he didn’t use Dane County?).

Rock County District Attorney, David O’Leary refused to file charges “because the doctor had acted in self-defense.”


http://tinyurl.com/s5bmd


29 posted on 10/01/2006 10:16:06 PM PDT by kcvl
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To: baldeagle390

30 posted on 10/01/2006 10:17:26 PM PDT by kcvl
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To: baldeagle390

Quite often, the criminal or the criminal's family will try to sue the intended victime. It does seem that when the criminal fails, in the attempt to steal the victim's money by burlary/home invasion, they hire a shyster lawyer to steal the money using the court system.


34 posted on 10/01/2006 10:24:17 PM PDT by punster
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To: baldeagle390
this gentleman POS has a right to have a day in court

There. Fixed the reporting

37 posted on 10/01/2006 10:31:39 PM PDT by paul51 (11 September 2001 - Never forget)
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To: baldeagle390
This is the usual course of events. First the police have to determine if the shooting was justified from a criminal perspective. If you get an "all clear", you still face round two. Round two is a civil suit by the person shot or surviving family members. A civil suit only takes a "preponderance of evidence". When you pull the trigger to defend your life, you can expect a minimum of $75,000 in legal expenses to follow. That's if everything goes your way.
41 posted on 10/01/2006 11:08:10 PM PDT by Myrddin
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To: baldeagle390
Late last year, the Rainiero family awoke to find Prochaska in their home. Michael Rainiero, a doctor, ordered Prochaska to leave. He didn't and was shot in the back.

"Look at me when I'm talking to you!" Bang.

51 posted on 10/02/2006 3:19:03 AM PDT by metesky (My investment program is holding steady @ .05ยข a can.)
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