It is finally over!! I can now share my story.

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Eb1

Eb1

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After many years of sleepless nights. Much stress of having thoughts of raising my children on my own. Those feelings are finally over.

After my wife used one of our firearms to protect my daughter's and her own life from a home intruder, I finally get my handgun back.

There were never any charges pressed against my wife. We had to wait one year after the PA dropped the case, and what we thought was three years due to the statute of limitations for bodily injury in my state. Which wasn't the case since zero charges were brought upon my wife, and the PA had dropped the case, so one year would have been sufficient, but in these circumstances, no, news is really good news.

I got the call today that a judge has released my handgun to me as it is not needed for evidence any longer, and that is the end of the FINAL chapter to this three year nightmare.

I will not get into details, but there was one thing that stuck out in my mind. As the police were leaving the head detective was standing there, and I asked if he had heard if the man had died. He replied , "I haven't heard any news on the victim." I replied back in a very stern voice, "WE are the victims. This is my house. We didn't go looking for this mess, that man brought it to us." At that time he looked hard at me and nodded. My wife later mentioned that he was the officer that made the choice not to pursue charges against her.


Let me conclude that using a firearm by you or a family member is the hardest thing to deal with that I have ever been through. My wife did the right thing. Some things could have been done differently, and I really don't want to get into a what those could have been. I am just glad it is over with, and I get my XD9 back. I haven't had it for three years. Looking forward to giving her a good bath and putting some rounds downrange.

Also let me say that this incident has made me prefer larger calibers for SD from a handgun. Although I carry a .32 H&R Mag 6 shot stubby. I much rather carry my Rossi M720 .44 SPC. The 9mm did do its job. It stopped the threat. And with that I cannot down it to much, and I couldn't have asked any more of the cartridge, gun, or my wife for what she did in that split second.

One more final thought. Planning! My wife and I had practiced and planned for this scenario many times. So she knew what to do. Also she picked the XD9 out of all the guns tried for our main home Defense Hand Gun. We shot 1911's, Glocks, Sigs, S&W, and Ruger. Calibers were .22LR, .22 Mag, .38, .357, 9mm, .40, 10mm and .45 ACP.
She shot the Springfield XD9 Service model from 2007 the best. She like it the most, so that is what we purchased.
 
Good for you both

I have a pretty good idea about the legal aftermath of a shoot,no matter how good.

I am happy you won,and hope that is the end of it.

Hope you got any needed mental help = if needed.

Prayers to y'all.
 
EB glad everything worked out okay. My only shooting incident was in 1979, and although I was a cop on duty, it still was most unpleasant - and didn't go away for years afterward. Anyone that takes that life/death situation lightly should say a prayer of thanks that they're never involved in one.

In retirement now for over 16 years I still do not carry a weapon. I have all the permits and do keep a weapon nearby but I won't carry one unless I ablsolutely have to (and thanks to say, that day hasn't come yet....).
 
Glad it worked out for you. I've always had the mindset that, should one of my firearms ever be used and seized in that context, I'll likely never see it again. So, I would probably have replaced it well within three years, especially if it's my "primary" defensive piece (I do have guns that, if used in a defensive shooting, I would probably not be in a hurry to replace.) If, after I've replaced it, the original one is returned to me, well, that would be just a bonus, I guess.
 
Thank you for sharing this. Thank you for your honesty and courage.

We live in a damn strange world.

Sometimes I think about the direction of our country and it saddens me.

It's not the president or the majority party. It's just the direction; the way we think, our legal system, the things we tolerate.

I remember an invasion in my neighborhood. Two attackers broke into a home in the dark of night. One attacker was killed by gunfire and the family was sued and they lost the lawsuit. It was absurd in my mind. As you had described, you [the invaders] had brought this upon yourself, had violated a home and then these legal complexities that shouldn't exist start eating away at the reality of what took place, of what should never had happened and the innocent become the guilty because they had the courage to choose not to be a victim.

I hope the best for you and your family. That this is put behind you and a shadow of an event that only lives in the past.
 
lemaymiami said:
In retirement now for over 16 years I still do not carry a weapon. I have all the permits and do keep a weapon nearby but I won't carry one unless I ablsolutely have to (and thanks to say, that day hasn't come yet....).
Click to expand...

How will you know the day when you absolutely have to carry a weapon has arrived? Will someone send you a text message or email when you get up in the morning to let you know?
 
Kudos for your thoughtful, sober posting of what had to have been a traumatic ordeal for your whole family. Too often we see the Internet commandos make these scenarios all look so easy and simple. Clearly it's harder to live through than it is to speculate about.
 
^^^ An ordeal, for sure. But then, why whould we ever expect logic and common sense to rule the outcome of bona fide self defense.:rolleyes:
 
Well, hopefully he's still in prison or somewhere else.
Time to celebrate with a few 50 round count boxes of Winchester Ranger 127 grain +P+.
 
It's great that you got your gun back and most importantly no charges were pressed against your wife, but, why would you rather depends on larger and arguably no more effective calibers when the one you used appears to have done the job just fine?
 
i'm VERY glad everything worked out for the best for YOU and YOUR FAMILY! And instead of you guys having to worry about getting into legal trouble, your wife should get the Medal of Freedom for propperly executing her Constitutional Rights!
 
I say that for me, the 9mm was a fine choice for my wife. I shot it well, and so did she. And honestly to make it a caliber war is really off topic. I shouldn't have said anything about it. The 124 grain Federal HST did the job. There was only one shot. I did mention that the 9mm stopped the threat without conviction of its stopping power. All worked as they should. The brain, the gun, the finger and the ammo.
Personally I would have like her to have a .45 or .44.. That is just me, but I owe my families future to the 9mm, and I would not hesitate to count on it again.

What I wish would have happened different would be that I did not leave that morning, and would have been home. I did not wish to leave, but the wife had a couple ladies from work coming to help clean the house up for a party. So I was asked to go of all places to the range and have a good afternoon. Getting that phone call while 50 miles from the house was the absolute worst feeling in the world.
I feel it should have been me that protected my family so that my wife would not have had to carry this. I feel that it is worse for me because it fell on her.
 
In 1975 I shot and killed an armed robber. Cops asked me to go to the station and give a statement. They test fired my Colt GM to make a ballistics comparison with recovered slugs, then returned my gun to me when I left for home.

Oh, several of them also thanked me for taking out the scumbag who was wanted for a string of violent robberies.
 
Glad it is over

The simple fact that someone would try to say you WEREN'T the victim is ridiculous.

Something similar happened where I used to live. The family didn't have enough money to go through all the legalities, and one of them went to jail, for being attacked.
 
45... I get your point, my only advantage over the average citizen is that I spent 22 years, mostly on the streets learning the how and what of "street life". You'll note that I said nothing about what if any other weapons I might have available that are with me at all times - and I did say that I do have a firearm "nearby".

Fortunately for me I spend most of my time on the water in the saltwater portions of the Everglades where there are other hazards than human animals to deal with..... Yes, I come and go at boat ramps in south Florida at all hours of the day or night. Yes, I may have cause someday to regret the choice I made when I retired from police work. I'll play it the way it comes on that day.... You'll note I very carefully haven't recommended the choices I've made to anyone else.
 
EB1:
I will not get into details, but there was one thing that stuck out in my mind. As the police were leaving the head detective was standing there, and I asked if he had heard if the man had died. He replied , "I haven't heard any news on the victim." I replied back in a very stern voice, "WE are the victims. This is my house. We didn't go looking for this mess, that man brought it to us." At that time he looked hard at me and nodded. My wife later mentioned that he was the officer that made the choice not to pursue charges against her.
Click to expand...

You said quite a bit there driving a point home. Unfortunately we have allowed ourselves to live in a country where more often than not the judicial system is more enmeshed with the rights of the criminal element than the true victims of crime. That needs fixed.

I am glad things did in fact work out well that being important. However, the time frame was unjust in my opinion. Three years is rather excessive to have property returned.

Just My Take
Ron
 
The difference between justice and injustice is frequently down to the PA.

Fortunately here in Colorado we could kill the intruder with no repercussions.

But when we lived in NC for a couple of years I was always in fear of the scenario you faced.

I am happy to hear that justice served you.
 
Glad to hear your loved ones are ok. It should comfort you to know your lady was prepared to defend the family instead of relying on the police to save her.

Did you shoot your long-lost gun yet?
 
Some folks need to learn basic manners

I'm glad this aspect of your ordeal is over, and I appreciate how the effects of this will haunt you and your family for years to come.

I am also once again reminded that too many of our friends on this forum just need to grow up.

- - - Yoda
 
Thank you for sharing this story with us. I find it enlighening and am very pleased to hear the case is closed. I applaud your correcting the officer on who was the victim and hope you and your family can put it all behind you.
 
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