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Common Sense in Cali

Discussion in 'General Gun Discussions' started by crazed_ss, Jan 10, 2006.

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  1. crazed_ss

    crazed_ss Member

    Dec 27, 2005
    Sunny San Diego
    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.
  2. Janitor

    Janitor Senior Member

    Dec 26, 2002

    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.
  3. kage genin

    kage genin Member

    Oct 31, 2004
    Shooter was probably Hispanic as well, so the race lawsuit wouldn't fly :rolleyes:

    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...:barf:
  4. crazed_ss

    crazed_ss Member

    Dec 27, 2005
    Sunny San Diego
    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.
  5. Pilgrim

    Pilgrim Member

    Dec 25, 2002
    Nevada, escaped from the PDRK via Idaho.
    Check Section 198.5. It is even more protective of the homeowner when his home is broken into.

  6. f4t9r

    f4t9r Member

    May 27, 2005
    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 !!
  7. marklbucla

    marklbucla Member

    Jan 13, 2003
    Los Angeles
    I heard from a gunshop owner that ********** 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.
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