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May 16, 2014 17:54:49   #
permafrost Loc: Minnesota
 
Patty wrote:
I saw those videos and this guy (home owner)is no doubt a sick bastard. That said the two had burglarized his house once before and stolen prescription drugs from his home and were caught with them in their car.
I don't see anyone in this case being in the right. If I were on the jury I would have to consider the state laws and adhere to them strictly since in my opinion they were both wrong. 5/16/14 @ 7pm central time, NBC will carry a news hour story of a Minnesota home owner convicted of murdering 2 intruders aged 18 and 17.

I would like to hear the opinions of the self defense proponents on this particular case. Watch it and let us know.

As a spoiler, I understand the mans fear. Alone in his home, victimized in the past. He installed surveillance cameras and armed himself. The cameras tell the story and will be on air. My opinion is the man went past the point of personal protection. He let the pair come into his home. Shot (recorded on audio) both several times and talked on tape of the good "finishing shot" under the girls chin after shooting her multiple times.
The case will be appealed, as not all of the surveillance tape was shown to the jury. That shows the couple breaking into the house and looking into windows before busting the door.
I saw those videos and this guy (home owner)is no ... (show quote)
[/quote]

For the record, I am in the same boat with Patty. The guy had every right to defend himself, his home and property and he had been a victim before this event. But it was pretty clear from his own surveillance and audio recording that his had every intent on killing them, not simply driving them away. And he killed them or at least the girl after she was disabled.

But I think most of us, from both sides will find the show tonight interesting..

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May 17, 2014 07:19:53   #
Snoopy
 
permafrost wrote:
Tonight, 5/16/14 @ 7pm central time, NBC will carry a news hour story of a Minnesota home owner convicted of murdering 2 intruders aged 18 and 17.

I would like to hear the opinions of the self defense proponents on this particular case. Watch it and let us know.

As a spoiler, I understand the mans fear. Alone in his home, victimized in the past. He installed surveillance cameras and armed himself. The cameras tell the story and will be on air. My opinion is the man went past the point of personal protection. He let the pair come into his home. Shot (recorded on audio) both several times and talked on tape of the good "finishing shot" under the girls chin after shooting her multiple times.
The case will be appealed, as not all of the surveillance tape was shown to the jury. That shows the couple breaking into the house and looking into windows before busting the door.
Tonight, 5/16/14 @ 7pm central time, NBC will carr... (show quote)



Permafrost

He is guilty on 3 accounts.

1. He is a lousy shot. They should have been dead with the initial shots.

2. Once there is no longer a chance of deadly physical force being committed the issue is over.

3. He was stupid. Unfortunately stupidity is not a crime.

Snoopy

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May 17, 2014 07:37:53   #
Retired669
 
permafrost wrote:
For the record, I am in the same boat with Patty. The guy had every right to defend himself, his home and property and he had been a victim before this event. But it was pretty clear from his own surveillance and audio recording that his had every intent on killing them, not simply driving them away. And he killed them or at least the girl after she was disabled.

But I think most of us, from both sides will find the show tonight interesting..


I missed the first 15 minutes but there will be a appeal and probably another trial. When a person is face with a life threating situation you shoot till the person is no longer a threat. He should have never recorded what went on inside the house but outside is good since many others do the same thing.

The kids should have known better but they paid the price for their stupidity and this man may too when all is said and done. Sad situation either way.

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May 17, 2014 08:30:44   #
buffalo Loc: Texas
 
I would not have convicted him. The man had every right to protect his property. A 17 and 18 year old were breaking the law and should know better. Maybe more of this would send a message to ALL potential burglars.

By the prosecutors reasoning, anyone that buys a gun for home defense purposes, then has to shoot and kill an ILLEGAL intruder/s is guilty of premeditated murder. BULLSHIT!!! Maybe he should have used a 12 guage shot gun with double 00 buck shot. Then it would have done the job in 1 shot/person. Did the girl not hear the first shots?

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May 17, 2014 10:20:53   #
permafrost Loc: Minnesota
 
buffalo wrote:
I would not have convicted him. The man had every right to protect his property. A 17 and 18 year old were breaking the law and should know better. Maybe more of this would send a message to ALL potential burglars.

By the prosecutors reasoning, anyone that buys a gun for home defense purposes, then has to shoot and kill an ILLEGAL intruder/s is guilty of premeditated murder. BULLSHIT!!! Maybe he should have used a 12 guage shot gun with double 00 buck shot. Then it would have done the job in 1 shot/person. Did the girl not hear the first shots?
I would not have convicted him. The man had every ... (show quote)


I did wonder about that, would think the girl would have run like heck.. However, I would have agreed with the jury on the verdict.

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May 17, 2014 12:11:25   #
buffalo Loc: Texas
 
permafrost wrote:
I did wonder about that, would think the girl would have run like heck.. However, I would have agreed with the jury on the verdict.


Why? Or, are you one of those that think only the police have the right to shoot criminals when they catch them in the commission of a crime. IF they ever catch them in the first place.

The man had a right, IMO, to protect his person and his property by any means. I doubt there would have been any question about that in Texas. You probably would have been in the minority. Texans believe in the right to protect their private property by any means necessary.

Texas Penal Code SS9.42

§ 9.42. DEADLY FORCE TO PROTECT PROPERTY. A person is
justified in using deadly force against another to protect land or
tangible, movable property:
(1) if he would be justified in using force against the
other under Section 9.41; and
(2) when and to the degree he reasonably believes the
deadly force is immediately necessary:
(A) to prevent the other's imminent commission of
arson, burglary, robbery, aggravated robbery, theft during the
nighttime, or criminal mischief during the nighttime; or
(B) to prevent the other who is fleeing
immediately after committing burglary, robbery, aggravated
robbery, or theft during the nighttime from escaping with the
property; and
(3) he reasonably believes that:
(A) the land or property cannot be protected or
recovered by any other means; or
(B) the use of force other than deadly force to
protect or recover the land or property would expose the actor or
another to a substantial risk of death or serious bodily injury.

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May 17, 2014 12:21:40   #
permafrost Loc: Minnesota
 
buffalo wrote:
Why? Or, are you one of those that think only the police have the right to shoot criminals when they catch them in the commission of a crime. IF they ever catch them in the first place.

The man had a right, IMO, to protect his person and his property by any means. I doubt there would have been any question about that in Texas. You probably would have been in the minority. Texans believe in the right to protect their private property by any means necessary.

Texas Penal Code SS9.42

I could not begin to find the rational in Texas law. In the case of finishing them off after shooting several times and recording the event. The jury only used about 3 hrs to find him guilty. I agree with that verdict. I also feel, and Minnesota law, that a person has a great amount of leeway in protecting his property. All involved felt this man went beyond the point of only protecting his property. Did you watch the program?
§ 9.42. DEADLY FORCE TO PROTECT PROPERTY. A person is
justified in using deadly force against another to protect land or
tangible, movable property:
(1) if he would be justified in using force against the
other under Section 9.41; and
(2) when and to the degree he reasonably believes the
deadly force is immediately necessary:
(A) to prevent the other's imminent commission of
arson, burglary, robbery, aggravated robbery, theft during the
nighttime, or criminal mischief during the nighttime; or
(B) to prevent the other who is fleeing
immediately after committing burglary, robbery, aggravated
robbery, or theft during the nighttime from escaping with the
property; and
(3) he reasonably believes that:
(A) the land or property cannot be protected or
recovered by any other means; or
(B) the use of force other than deadly force to
protect or recover the land or property would expose the actor or
another to a substantial risk of death or serious bodily injury.
Why? Or, are you one of those that think only the ... (show quote)

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May 17, 2014 13:22:03   #
buffalo Loc: Texas
 
PERMAFROST, I did not get the chance to watch the program. I do not care if he was waiting to ambush them. Could buying a gun for home and self defense be considered premeditated? They were breaking the law by illegally entering his home. And hadn't the teens also been harassing the gentleman? What responsibility did the teens have in this? What was the man supposed to do let them rob and assault or even kill him? Bullshit!

I am not saying that this is not a terrible tragedy. But I think, as we do in Texas, as person has every right to protect himself by any means.

Like I said, he should have used a 12 gauge with 00 buck shot shells and there would have been no need for additional shots. The jury does not always have to agree with the letter of the law. Ever heard of jury nullification? I would have voted to aquit the man even IF he did use excessive force and went to the extreme. It might send a message to criminals.

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May 17, 2014 15:41:28   #
Loki Loc: Georgia
 
Retired669 wrote:
I missed the first 15 minutes but there will be a appeal and probably another trial. When a person is face with a life threating situation you shoot till the person is no longer a threat. He should have never recorded what went on inside the house but outside is good since many others do the same thing.

The kids should have known better but they paid the price for their stupidity and this man may too when all is said and done. Sad situation either way.


God in Heaven. I agree with you. These people who advocate "double taps" and "shot placement" have not been there. You shoot for center mass, and keep shooting. I find it amusing that these "gurus" with their "tactics" are so clueless. I wonder how much of their own advice they could or would follow if they were in immediate, deadly danger with a split second to make a decision and act.

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May 17, 2014 15:47:49   #
Patty
 
I cant believe you read his post Loki. He is one of the ones on my "scroll the troll" list.
Loki wrote:
God in Heaven. I agree with you. These people who advocate "double taps" and "shot placement" have not been there. You shoot for center mass, and keep shooting. I find it amusing that these "gurus" with their "tactics" are so clueless. I wonder how much of their own advice they could or would follow if they were in immediate, deadly danger with a split second to make a decision and act.

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May 17, 2014 15:55:34   #
Brian Devon
 
Tyster wrote:
Homeowners have the right to protect their home and simply shooting them to stop their "invasion" would not be questioned. However, referring to an up close shot on a wounded assailant as a "finishing shot" indicates that he is not satisfied with stopping the invasion, but wishes to end their life. That is where the line is crossed.





*********
If this man were a normal human being he would have a loud alarm system and a barking dog. This old geezer relished the opportunity to exercise his blood lust. He thought he could get away with hunting humans legally.

He guessed wrong. Life in prison without parole? Sounds about right. Life trumps "stuff".

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May 17, 2014 16:00:44   #
Loki Loc: Georgia
 
Brian Devon wrote:
*********
If this man were a normal human being he would have a loud alarm system and a barking dog. This old geezer relished the opportunity to exercise his blood lust. He thought he could get away with hunting humans legally.

He guessed wrong. Life in prison without parole? Sounds about right. Life trumps "stuff".


I hope you never have to find out. For the dog's sake.

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May 17, 2014 16:02:01   #
Loki Loc: Georgia
 
Patty wrote:
I cant believe you read his post Loki. He is one of the ones on my "scroll the troll" list.


First thing he ever said that wasn't bullshit.

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May 17, 2014 20:13:16   #
permafrost Loc: Minnesota
 
buffalo wrote:
PERMAFROST, I did not get the chance to watch the program. I do not care if he was waiting to ambush them. Could buying a gun for home and self defense be considered premeditated? They were breaking the law by illegally entering his home. And hadn't the teens also been harassing the gentleman? What responsibility did the teens have in this? What was the man supposed to do let them rob and assault or even kill him? Bullshit!

I am not saying that this is not a terrible tragedy. But I think, as we do in Texas, as person has every right to protect himself by any means.


Buffalo, if you had gotten to watch all the program, you would see Brian has a point, this man set everything up with the intent to kill both of these people. The jury only needed 3 hrs to give a verdict.

On appeal, I am sure your points and those of several others will be addressed.

I am interested in the case because I agree very strongly that people have every right to defend property as well as themselves. But in the particular case I do agree with the jury. Thanks for the input..
Like I said, he should have used a 12 gauge with 00 buck shot shells and there would have been no need for additional shots. The jury does not always have to agree with the letter of the law. Ever heard of jury nullification? I would have voted to aquit the man even IF he did use excessive force and went to the extreme. It might send a message to criminals.
PERMAFROST, I did not get the chance to watch the ... (show quote)

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May 17, 2014 20:18:54   #
AuntiE Loc: 45th Least Free State
 
Tyster wrote:
Two problems with his situation. First, they had broken in before and he was aware that they were there to burgle, not cause physical harm. Two, he premeditated killing them and carried through with doing so, even after wounding them enough to stop a threat.

Otherwise I agree with you. I am fully in support of gun ownership and see no reason why you shouldn't shoot someone who illegally enters your home.


As there was no link for me to watch the events, any comment will be based on the comments made so far.

It would appear you answered your own question. If he had put a stop to the threat to himself, he may have gone too far. Again, without full knowledge, I am unable to make a good choice.

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