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King Without a Castle: Man Busted for Shooting Would-Be Intruder (Teen Broke In, Homeowner Jailed)
NBC Miami ^ | Mon, Dec 13, 2010 | BRIAN HAMACHER

Posted on 12/13/2010 12:35:16 PM PST by nickcarraway

click here to read article


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To: Tailgunner Joe

By complying with your orders they are demonstrating that they no longer pose a threat to your life.

It’s easy to have a guy move without being attacked, remember he’s got a gun pointed at he guy. That’s where you start giving orders, one of which the guy has already responded positively to. “Keep your hands away from your body, move over to your left 10 feet, turn away from me, lay face down on the ground”. It isn’t hard, all you need to do is think and talk and maybe remind him periodically there’s a gun pointed at him. Remember the guy has ALREADY responded positively to a verbal order, you told him to stop and he did.

I’m a person smart enough to tie my own shoe that knows the simple rules of engagement. If somebody is complying with your orders you CANNOT shoot them, EVER. By complying they’re indicating they aren’t a threat, you can’t shoot people that aren’t a threat.

You better pray you never wind up in his situation, because with your thinking you will LEGITIMATELY wind up in jail. You can’t shoot people that are complying.


61 posted on 12/13/2010 2:02:31 PM PST by discostu (Keyser Soze lives)
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To: discostu

So the 62 year old man SHOULD invite the unrestrained 18 year old perpetrator into his own house where his daughter lives while he takes one hand off his gun to call the cops? Are you serious? Am I supposed to take this garbage seriously?


62 posted on 12/13/2010 2:07:14 PM PST by Tailgunner Joe
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To: Tailgunner Joe

It’s illegal for a non LE to use deadly force to detain someone in the state of Florida.

He could point the weapon at the guy but cannot shoot unless there is a threat. Such as the kid reaching for a weapon.


63 posted on 12/13/2010 2:16:36 PM PST by driftdiver (I could eat it raw, but why do that when I have a fire.)
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To: a fool in paradise; discostu
You cannot legally shoot someone after they surrender.

Is that better?

64 posted on 12/13/2010 2:23:22 PM PST by driftdiver (I could eat it raw, but why do that when I have a fire.)
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To: Oldpuppymax

“He left the bum alive and didn’t drag the body into his house.”

Moving the body post-mortum is a mistake. In Florida you don’t need to make a bunch of excuses.


65 posted on 12/13/2010 2:24:50 PM PST by driftdiver (I could eat it raw, but why do that when I have a fire.)
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To: nickcarraway

Mistake, let him break in, then shoot him I guess.


66 posted on 12/13/2010 2:27:21 PM PST by A CA Guy ( God Bless America, God bless and keep safe our fighting men and women.)
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To: nickcarraway

Police don’t make that decision, the courts make that decision. Police are not the courts or a jury.


67 posted on 12/13/2010 2:29:18 PM PST by Secret Agent Man (I'd like to tell you, but then I'd have to kill you.)
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To: Tailgunner Joe

Depends on where the phone is. Depends on what else he’s got around. It’s a situation one has to contemplate when you use a gun for self defense, sometimes the bad guy actually surrenders, and you need to be able to handle that WITHOUT shooting him. This ain’t garbage, it’s reality, before you go pointing a gun at a bad guy you need to be willing to EITHER shoot him OR take him prisoner without a shot fired. I know how I’d handle it at my place. It ain’t too tough to tell a guy to belly crawl to a particular spot, remember he’s already shown a willingness to comply. The only garbage here is coming from the person that would shoot somebody that surrendered and thinks there’s such a thing as shooting to wound.


68 posted on 12/13/2010 2:32:45 PM PST by discostu (Keyser Soze lives)
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To: driftdiver

Or morally. But yeah.


69 posted on 12/13/2010 2:33:59 PM PST by discostu (Keyser Soze lives)
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To: discostu

Yep we certainly agree on that. It is wrong to shoot someone who has surrendered and does not represent an immediate threat.

If he goes for a gun in his pocket, or jumps up and runs at ya then all bets are off.

I would much rather not shoot anyone.


70 posted on 12/13/2010 2:38:27 PM PST by driftdiver (I could eat it raw, but why do that when I have a fire.)
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To: driftdiver

100%, as long as he’s being compliant just keep down that path, everybody will be happier. Anyway there’s a lot less paperwork and cleaning if you don’t shoot him.


71 posted on 12/13/2010 2:40:40 PM PST by discostu (Keyser Soze lives)
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To: discostu

Shoot and you’d have to pay a lawyer. I really hate paying lawyers.


72 posted on 12/13/2010 2:43:17 PM PST by driftdiver (I could eat it raw, but why do that when I have a fire.)
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To: driftdiver

That got a chuckle.


73 posted on 12/13/2010 2:49:39 PM PST by discostu (Keyser Soze lives)
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To: nickcarraway
If the punk stopped when told to, I think the homeowner shouldn't have shot him.

Provided thats how it actually went down.

74 posted on 12/13/2010 3:02:56 PM PST by Celtic Cross (I AM the Impeccable Hat. (AKA The Pope's Hat))
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To: RobRoy

“But first make sure it’s not your drunk brother in law.”

Unless you’re hoping that it is.


75 posted on 12/13/2010 3:14:55 PM PST by Gil4 (Sometimes it's not low self-esteem - it's just accurate self-assessment.)
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To: E. Pluribus Unum

>>You can’t shoot a perp who has surrendered.<<

Sure you can. It’s just not considered play fair.


76 posted on 12/13/2010 5:29:06 PM PST by B4Ranch (Do NOT remain seated until this ride comes to a full and complete stop! We're going the wrong way!)
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To: a fool in paradise

Why in Sam Hell was he airlifted?


77 posted on 12/13/2010 5:31:01 PM PST by B4Ranch (Do NOT remain seated until this ride comes to a full and complete stop! We're going the wrong way!)
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To: MortMan

Ditto.
Once he’s out of your house and running away, or on the ground, surrendered, you can’t shoot.


78 posted on 12/13/2010 5:38:20 PM PST by Little Ray (The Gods of the Copybook Heading, with terror and slaughter return!)
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To: UCFRoadWarrior

I figure the homeowner’s primary mistake was to say anything. Shoulda just shot the criminal and left it at that. The only words that should ever be spoken to police in such a circumstance is “I felt my life was in danger, and I want to talk to my lawyer”. You could pretty much skip the first half of that, but never the latter.


79 posted on 12/13/2010 5:53:37 PM PST by zeugma (Ad Majorem Dei Gloriam)
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To: Labyrinthos
The right to self defense ended when the kid retreated and tried to leave the premesis by climbing over the fence.

I disagree. I figure he forfeited his life when he tried to break into the fellow's home to rob him. If the victim decides to call the debt, he's welcome to it. 

80 posted on 12/13/2010 6:12:06 PM PST by zeugma (Ad Majorem Dei Gloriam)
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