Common Sense in Cali

[crazed_ss]

Who woulda thunk it?


Drunken Student Killed After Entering Wrong Home
All Buildings In Apartment Complex Look Alike

POSTED: 3:46 am PST January 10, 2006

RANCHO CUCAMONGA, Calif. -- Police said the fatal shooting of a California man last week is a tragic mess.

A 21-year-old man who'd been out celebrating his upcoming graduation from a trade school came home intoxicated and mistakenly entered a neighbor's apartment, where he was fatally shot.

Authorities in San Bernardino County said the shooter, a prison counselor, thought Hector Soto was an intruder and he won't be charged. Soto broke into the apartment when his key wouldn't work.

All the buildings in the complex look alike.

Soto got into the wrong apartment through an open front window and headed to the bathroom, where he encountered the resident, a 65-year-old state prison counselor, authorities said. They scuffled and the resident, thinking Soto was an intruder, shot him once.

The shooter will not be charged.


While It totally sucks that this young kid made such a fatal mistake, I happy to see they're not prosecuting the homeowner for defending himself against an intruder who broke into his home and fought him. I'm amazed the DA was so understanding. They must be getting lazy here.

 

[Janitor]

Amazing.

It was a tragic accident, but a good shoot. I'm amazed that the prosecutor can see it for what it was.

Sounds like the guy who was shot was Hispanic. I'm kind of blown away that this didn't also turn into a civil rights flap, and an excuse to point out that these sorts of things only happen because of guns.
-

 

[kage genin]

Sounds like the guy who was shot was Hispanic. I'm kind of blown away that this didn't also turn into a civil rights flap, and an excuse to point out that these sorts of things only happen because of guns.
-

Shooter was probably Hispanic as well, so the race lawsuit wouldn't fly

San Bernadino county... hmm wonder how they rank on self-defense rights? If that happened in LA county I wouldn't be surprised if the shooter was charged.

We still don't know if the drunk's family won't sue though...

 

[crazed_ss]

Yea.. a Civil suit would suck.. I still think the homeowner would have the law on his side.

From our penal code..
197. Homicide is also justifiable when committed by any person in
any of the following cases:
1. When resisting any attempt to murder any person, or to commit a
felony, or to do some great bodily injury upon any person; or,
2. When committed in defense of habitation, property, or person,
against one who manifestly intends or endeavors, by violence or
surprise, to commit a felony, or against one who manifestly intends
and endeavors, in a violent, riotous or tumultuous manner, to enter
the habitation of another for the purpose of offering violence to any
person therein; or,
3. When committed in the lawful defense of such person, or of a
wife or husband, parent, child, master, mistress, or servant of such
person, when there is reasonable ground to apprehend a design to
commit a felony or to do some great bodily injury, and imminent
danger of such design being accomplished; but such person, or the
person in whose behalf the defense was made, if he was the assailant
or engaged in mutual combat, must really and in good faith have
endeavored to decline any further struggle before the homicide was
committed; or,
4. When necessarily committed in attempting, by lawful ways and
means, to apprehend any person for any felony committed, or in
lawfully suppressing any riot, or in lawfully keeping and preserving
the peace.

 

[Pilgrim]

197. Homicide is also justifiable when committed by any person in
any of the following cases:

Check Section 198.5. It is even more protective of the homeowner when his home is broken into.

Pilgrim

 

[f4t9r]

Sad story about the young man. He was alone and drunk and may have been out driving to. Where was a buddy or driver to make sure one gets home safely. Very Sad but the Homeowner did what he thought he had to do !!

 

[marklbucla]

I heard from a gunshop owner that California is ironically very good about self defense rights. Well, that is excluding the 2nd Amendment and CCW, obviously. :banghead:

I'd hate to have to hear that he gets hit with a Civil Lawsuit though.