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To: Islander7

How does one tell if someone is “leaving the scene”, vs regrouping/calling re-enforcements or going to get a gun?

Is there anything the homeowner is permitted to do to keep a criminal at the scene (without firing) or does the homeowner just have to let them flee?

Has it been shown that robbery (and not rape) was his motive?


20 posted on 12/13/2010 12:55:36 PM PST by a fool in paradise (The establishment clause isn't just against my OWN government establishing state religion in America)
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To: a fool in paradise
It's a judgment call, but I think a reasonable person would consider that any immediate, mortal threat ended when the perp was in the act of fleeing. The homeowner would have been justified in keeping his weapon at the ready until he was out of sight, because he could easily have turned around with his own weapon in hand (re-establishing the threat).

Calling the police in the intervening time would have been a good idea.

34 posted on 12/13/2010 1:11:14 PM PST by andy58-in-nh (America does not need to be organized: it needs to be liberated.)
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To: a fool in paradise

He was on the ground:
“When Theodosiou told Monzon he was going to shoot him, Monzon ran toward a fence and started to climb it until Theodosiou told him to stop.

Monzon got on the ground, but police say Theodosiou shot him anyway, hitting him in the ankle. “

You can’t shoot a guy after he surrenders.


41 posted on 12/13/2010 1:27:07 PM PST by discostu (Keyser Soze lives)
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To: a fool in paradise

I think in most states you can detain someone until LEO arrives, but you can’t shoot someone who is complying with you commands. If things occurred as stated in the article, it was a bad shot.


54 posted on 12/13/2010 1:46:02 PM PST by Islander7 (If you want to anger conservatives, lie to them. If you want to anger liberals, tell them the truth.)
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