Homeowner Charged After Shooting Intruder

Status
Not open for further replies.
P

peyton

Member
Joined
Apr 20, 2006
Messages
661
What I do not understand is, Does the intruder have to be in the house before you can defend yourself??

http://www.wsbtv.com/news/20833621/detail.html

Posted: 12:00 pm EDT September 10, 2009
Updated: 5:50 am EDT September 11, 2009

DEKALB COUNTY, Ga. -- A Lithonia homeowner has been charged with aggravated assault after shooting a man he said was attempting to break into his home Thursday, according to police.

DeKalb Police spokeswoman Mekka Parish said the homeowner was charged because he shot the intruder outside his residence.

Neighbors said someone tried to knock down the door of a home on Gadwall Circle Thursday afternoon.

“The homeowners were inside. They didn’t know (the suspect) and they shot. We heard four shots and he ran out and fell out here,” said neighbor Willie Brooks.

Parish said the suspected thief received two gunshot wounds to his buttocks but the injuries are not considered life-threatening. He was charged with attempted burglary.

Police have not officially released the suspect’s name, but a DeKalb County police source told Channel 2 Action News he is 26-year-old Frederick Lee Williams from Monroe, La.

Neighbors said it wasn’t the first time there had been trouble in the neighborhood.

Channel 2 Action News reporter Diana Davis asked Brooks if he was surprised that the incident happened in the middle of the day. “Very, very much so. For something like this to happen in broad daylight…it’s scary. It’s really scary.”

The homeowner was not injured.
 
What I do not understand is, Does the intruder have to be in the house before you can defend yourself??
Click to expand...

In Georgia? I do not think so but I do not know the case law. But...in this case, the would-be intruder was reportedly fleeing....

LITHONIA, Ga. (MyFOX ATLANTA) - A Lithonia homeowner faces charges for shooting a man who allegedly tried to break into his home.

Thirty-three-year-old Willie White was charged with aggravated assault in connection with Thursday's incident.

The shooting happened Thursday morning on Gadwall Circle in Lithonia. Police said it appeared that the suspect was outside of the house.

Police said White interrupted the burglar and apparently shot him as he fled.

DeKalb County police White who shot the suspect was charged with aggravated assault because the shots were fired outside of the home. In addition, White was charged with theft by receiving because the weapon he fired wasn't his. White was also charged with possession of marijuana.

The suspect who allegedly tried to break into the home faces a charge of attempted burglary.

The burglary suspect was hospitalized and police said he will face charges when he's released.
Click to expand...



http://www.myfoxatlanta.com/dpp/news/Lithonia_Homeowner_Faces_Assault_Charge_091109

In some states, the way the law reads, the answer appears to be "yes."
 
Last edited:
Doesn't look good when you shoot a perp in the butt.

With that said, the guy shouldn't have been banging down a door.

I'm hopefull that perp goes to jail, home owner let go. I'm worried the perp comes back for a lot more money than he was looking for originally.
 
I'm hopefull that perp goes to jail, home owner let go.
Click to expand...

i guess the weapons theft and marijuana charges are somehow inconsequential to you..
 
I missed where they mentioned other charges. Are you talking about weapons theft on the part of the homeowner? If that's the case, then it's a whole other ball of wax.
 
If the man was fleeing & was shot from behind, the homeowner can't really claim he was defending himself or his family or defending his property.

In Ga. we have a law called Defense of Habitation (16-3-23), which does allow a homeowner to use deadly force to protect his/her property during a break-in or burglary. However, the force can only be used to prevent the intrusion or crime from occuring.....if the suspect flees from the scene...shooting him/her in the back ain't gonna fly.
 
to bad theres more to the story but maybe if the homeowner wasn't a lil shady the cops might not have bothered him. still i thought the self defense law was you cant be charged with an illegal weapon if you used it in self defense? i dunno
 
Last edited:
It's funny that they charged him with Theft by Receiving Stolen property, but yet they don't say that the gun was actually a Stolen Firearm.....just that "it wasn't his....." What the hell does that mean???

Gee, I didn't know it was illegal to possess a friend/family members gun......
 
As MGD45 says, if the person decides to stop trying to enter deadly force is no longer an option.

Hard to say what happened here

shooting him with a stolen gun and possibly in defense of your stash ain't good either
Click to expand...

I think this probably explains it best :)

Here is the actual Georgia law on the subject just for reference.

O.C.G.A. § 16-3-23
Use of force in defense of habitation

A person is justified in threatening or using force against another when and to the extent that he or she reasonably believes that such threat or force is necessary to prevent or terminate such other's unlawful entry into or attack upon a habitation; however, such person is justified in the use of force which is intended or likely to cause death or great bodily harm only if:

(1) The entry is made or attempted in a violent and tumultuous manner and he or she reasonably believes that the entry is attempted or made for the purpose of assaulting or offering personal violence to any person dwelling or being therein and that such force is necessary to prevent the assault or offer of personal violence;

(2) That force is used against another person who is not a member of the family or household and who unlawfully and forcibly enters or has unlawfully and forcibly entered the residence and the person using such force knew or had reason to believe that an unlawful and forcible entry occurred; or

(3) The person using such force reasonably believes that the entry is made or attempted for the purpose of committing a felony therein and that such force is necessary to prevent the commission of the felony.
Click to expand...
 
This is why I enjoy this forum, mature discussion about our rights, TR thanks for the post. My brother lives outside Alanta, that is why this is important. He still does not own a home defense firearm:(
 
I get the impression form the story in the paper that both the suspect and the homeowner were outside when the homeowner shot the suspect. Am I wrong!?
 
He was shot in the buttocks. As in, he was turned the other way when shot. The guy shot a fleeing person who was not a threat to him.
 
Last edited:
the way they word it makes it sound as though he used a borrowed gun rather than a gun that had been reported stolen.

according to the neighbors statement "We heard four shots and he ran out and fell out here" it sounds as though the guy was shot in the house and ran out, contrary to what the police say "appears" to have happened.
 
with the way laws are interpreted by liberal da's and judges these days shooting someone with a gun that isn't yours can get you a charge of theft by receiving. like post number 9 mentions, they didn't say the gun was stolen, just that he was charged with theft by receiving. the prosecutor can allege he borrowed the gun on the premise the intention wasn't defense but target practice or whatever.
 
shooting someone with a gun that isn't yours can get you a charge of theft by receiving.

i've never seen a theft by receiving charge that worked that way before have you? on the other hand i've seen countless receiving stolen property charges
 
The police may know a great deal more than they are saying at this point regarding the circumstances surrounding the shooting. The accused is innocent until proven guilty and will have the opportunity to defend himself against the charges. Until more facts are known, any commentary is just speculation.
 
Generally speaking, you CANNOT shoot someone in the buttocks....

Unless you are Active Duty military, and engaged in a shooting war...
 
Generally speaking, you CANNOT shoot someone in the buttocks....
Click to expand...

There is a big difference between shooting someone who is fleeing and shooting someone who is moving for better position to attack you. Just because their back is to you doesn't mean there is no threat.

The idea that shooting someone in the back is somehow unjustified doesn't really make sense.
 
Yup, another argument in favor of using a shotgun.

The pattern *could* clearly show whether the butt was pointed away in flight while the dangerous parts (hands) were still rotated to engage with one of those odd "shooting while running away" stances that are so rarely taught in the tactical shooting skoolz.

Our willingness to assume facts not in evidence from ONE snippet that's known, without the discipline to rule in and/or rule out other details, is sometimes stunning. We can't know it all from some newspuke's sketchy description.
 
Status
Not open for further replies.

Similar threads

K
  • Locked
DeKalb [Atlanta] homeowner shoots, kills would-be robber
Replies
2
Views
387
k-frame
K
B
  • Locked
Homeowner Shoots Alleged intruder
Replies
11
Views
824
Art Eatman
A
D
  • Locked
Homeowner charged after shooting intruder
Replies
2
Views
458
Dorian
D
D
  • Locked
Dekalb Police Officer driving with 7 year old tags...
Replies
4
Views
597
Jeff White
J
D
  • Locked
(AL) Chelsea man shoots armed intruder to death after being tied
Replies
8
Views
646
Standing Wolf
S
Back
Top