Father protects family

[Deltaboy1984]

Good Shoot!!! This a Darwin Award Winner for 2010.

 

[788Ham]

MikeJ,

You stated," I don't think firing through a closed door...." If you watched the same vid I did, it looks as if there "isn't" a door there, the BG had broken it, so he had ample opportunity to just walk in! When the BG has removed the window part of the sliding door, only the door frame is left standing, he's all but inside. Now what do you do? Bust a cap on him, or ask if he's lost? Breaking into my house, and he'll go down without any questions.

 

[Girodin]

If you watched the same vid I did, it looks as if there "isn't" a door there, the BG had broken it,

I'm pretty sure if you shoot through a sliding glass door it will shatter. I wasn't there but it seems very probable and certainly plausible that the round is what broke it.

 

[Husker_Fan]

jad0110,

Here is the NC statute.

§ 14‑51.1. Use of deadly physical force against an intruder.

(a) A lawful occupant within a home or other place of residence is justified in using any degree of force that the occupant reasonably believes is necessary, including deadly force, against an intruder to prevent a forcible entry into the home or residence or to terminate the intruder's unlawful entry (i) if the occupant reasonably apprehends that the intruder may kill or inflict serious bodily harm to the occupant or others in the home or residence, or (ii) if the occupant reasonably believes that the intruder intends to commit a felony in the home or residence.

(b) A lawful occupant within a home or other place of residence does not have a duty to retreat from an intruder in the circumstances described in this section.

(c) This section is not intended to repeal, expand, or limit any other defense that may exist under the common law. (1993 (Reg. Sess., 1994), c. 673, s. 1.)

 

[Fred Fuller]

Once again- let's not turn this into another session of quoting swaths of statute law, or this one will be done.

It is incumbent upon every member here to take it upon himself or herself to learn the legal essentials of self defense in their jurisdiction from a source qualified to impart that information. Some stranger on the Internet is not a qualified source...

lpl

 

[Kleanbore]

Here is the NC statute.

I do not want to appear rude, but anyone can find that information and repeat it. Anyone with internet connectivity can do it very quickly.

What "anyone" cannot do is know what appellate courts may have judged in terms of the interpretation of the code.

I have learned over the course of many years that a lay interpretation of any element of the law using dictionary definitions can easily lead one astray. A knowledge of legal principles, of constitutional law, of other relevant laws, and of pertinent appellate court findings (which often come down without a lot of fanfare) is essential.

My own guidelines are as follows: if a lay reading indicates that a particular act that may have serious repercussions appears to be permissible, beware, and seek legal guidance before doing it. The more tenuous the rationalization, the more caution is indicated.

for our purposes here, "castle doctrine" laws are a very good example of laws to seek guidance on, because there seems to be a lot of confusion on what they really mean. "Stand your ground" laws present even more uncertainty, since most are recent and have not have been tested in the courts.

In the case of the statute quoted for NC, there may or not be case law or resultant jury instructions relating to what might support a reasonable belief that the commission of a felony may have been intended.

As Lee Lapin has said many times, The "black law" (the code) is only part of the story.

And:

It is incumbent upon every member here to take it upon himself or herself to learn the legal essentials of self defense in their jurisdiction from a source qualified to impart that information. Some stranger on the Internet is not a qualified source...

 

[03Shadowbob]

It is tragic that the good guy will have to live with this for the rest of his life.
I also had a home invasion a few years back. About 2am, my dogs went berzerk waking me and the wife up. As I grabbed my handgun and head out the bedroom I could see a shadow by way of night lights (2 young kids) hauling ass out of the house through the back french doors with a 110lb German Shepherd and 120lb Lab slipping on the tile trying to gain traction behind him. I also ran out after the person with the sole intent to stop the threat as he was between me and my children. He got lucky to make it over my 6' high fence before my Shepherd got him or before I got to him. Lab stayed in the house like a good girl.
I know without a shadow of a doubt what my actions will be in a home invasion. I doubt I'll feel bad about it if a threat is neutralized and may even run to Taco Bell for 4th meal since I am up.

 

[dogsoldier0513]

i am sure i am going to get flamed for this... But... Short of the fact an 18 year old died, i do not see a tragedy here at all. I see a tragedy avoided. I see that if nothing else, the tools of self defense were used efficiently and successfully, and i would like to assume that some mindset and hardened security led to the successful protection of the mans loved ones.

Google steven spader (17 year old, boy scout, "good kid", "peaceful", according to family and friends) he was charged with 2 counts of murder, and 1 count of attempted murder... The only reason it was only two counts of murder and not three is because the 11 year old girl he hacked away at with a machete had the presence of mind to play dead.

So if you consider the family who was featured in this post as "family a", and the family i referenced as "family b" there is only one tragedy. The teens in mt vernon nh "knew before they entered the home, that their goal was to kill the occupants...." they wanted to see what it was like to murder someone.

Given that, any intruder who is attempting to break into your home, of any age should be considered a grave threat and treated as such.

Bravo! All justifiable acts of self defense should be viewed in such light.