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Man Charged After Firing Six Shots at Backyard Intruder

Discussion in 'Legal' started by Car Knocker, Jul 17, 2007.

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  1. Kentak

    Kentak Member

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    kcmarine

    Did you miss the part about the shots were fired while the intruder was trying to jump the fence to get away? What's the immediate threat from an unarmed man trying to get out of your yard that justifies deadly force?

    K
     
  2. Alphazulu6

    Alphazulu6 member

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    Well the liberals would definitely have fun locking up half of the THR members... haha good intention, not something I vote for. :D
     
  3. pacodelahoya

    pacodelahoya Member

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    Ok, court documents say this. Who's statement is used for the court documents? It does'nt even say he fired them at the crazy guy in his yard uninvited who wouldn't leave.

    Just says he fired them.

    I know the law is the law and all, but the guy did not shoot him, he fired shots, somewhere, possibly in a safe direction when the CRAZY guy would not leave. I'm not gonna condemn him on the basis of the court documents with out his side of the story.

    There have been many instances of government agents shooting at and even killing unarmed people and everyone cries"don't believe reporters" and"you don't know the stress of that job".

    Well, I wasn't there, only two people were. One of em was criminally trespassing and one wasn't, I'd like to hear from the later.
     
  4. Car Knocker

    Car Knocker Member

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    Another article:

    An angry man and his barbecue: Backyard intruder flees in hail of bullets after trying to light grill
    The Associated Press
    Article Launched: 07/17/2007 10:44:51 AM MDT


    Posted: 10:45 AM- ROY - A man fired six shots at a backyard intruder who was trying to light a barbecue grill, police said.
    "Way odd," Police Chief Greg Whinham said.
    Michael Wilder, 66, was charged with attempted homicide after chasing Kory Scott and shooting at him.
    "Nobody should wake up and find someone in their backyard doing anything, but the law's very specific that you can't use deadly force in that situation," Whinham said.
    Scott was not injured in the July 11 incident. He twice tried to run away when Wilder confronted him, according to court documents.
    "Stop or I'll shoot," the homeowner said, according to the documents.
    Wilder fired two shots, followed by four more, police said.
    A phone message left for Wilder was not immediately returned.
    http://www.sltrib.com/news/ci_6395613
     
  5. Slamfire

    Slamfire Member

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    Your life is not in danger if the trespasser is running away. Lethal force is not needed in a situation like that.

    Like an earlier poster put, we really don’t want people just start shooting at kids who cross lawns, or the adults who are trying to get Fluffy back on the leash , or me.

    If anyone points a gun at me, or fires a round at me, for what ever logical reason in their twisted mind, they better be a good shot, because they just attempted to kill me. And lethal force is now justified.
     
  6. Mumwaldee

    Mumwaldee member

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    Homeowner should have kept his mouth shut it sounds like. He could have gone with..."I fired some warning shots" to "we are sorry you defended your home, but we're charging you with a serious felony...I'll have that sidearm sir".
     
  7. Geno

    Geno Member

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    Perhaps enough blame for both. The saying "two wrongs do not one right make" seems to fit.
     
  8. pacodelahoya

    pacodelahoya Member

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    Ok, now it's a crazy <Grammaw was here> that is playing with fire in your backyard.

    Wouldn't want to hurt his feelings while he burnt my crib down, anyone have any marshmallows? He should have just given him a smore.
     
    Last edited by a moderator: Jul 18, 2007
  9. eltorrente

    eltorrente Member

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    Anyone who lights my barbecue will be killed on the spot. :D
     
  10. elkhuntingfool

    elkhuntingfool member

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    I lived in Roy....

    and I know Greg - my wife works for him.

    Greg is 100% correct - you cannot shoot at someone for being in your backyard. Call the cops. They'll get there and deal with it.

    Greg is very laid back, kind of cocky - but then again, most cops are. His cops are good cops and so is he. He deals with a lot of crap in that town on a daily basis and this is something that should have been avoided.

    Greg's approach to communicating the law might not have been the best, but his point did get across.
     
  11. Car Knocker

    Car Knocker Member

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    More info:

    Man Charged for Shooting at Backyard Intruder
    July 17th, 2007 @ 6:00pm
    Sandra Yi and Tom Callan Reporting

    A Roy man is facing attempted murder charges for firing six shots at a trespasser in his backyard. Police say in this case, the homeowner went too far and broke the law.

    Neighbors we spoke to agree that the attempted murder charge is fair.

    Honey Hill lives next door and showed us the bullet holes in her fence. One round shattered a plastic chair; another ripped a hole in her inflatable swimming pool. Police recovered four rounds in her yard.

    Hill said her neighbor is a nice man, but she doesn't agree with what he did. She says, "Well, the guy was running away, so I don't think he should have shot then. So, yeah, I mean, our propane tank was right there. It could have hit and blew up our house, and I have a baby inside, and you never know. I wouldn't have shot him. I would have stayed inside and let the police handle it."

    It happened on July 11. Michael Wilder saw a strange man sitting on a picnic table in Wilder's backyard, attempting to have a barbecue.



    Police say that man, Kory Scott, was delusional and under the influence of alcohol and other substances. Police say Wilder told the man to put his hands on the table, and yelled at his wife to call police.

    When Scott tried to jump the fence, two shots were fired at him. Wilder fired four more shots.

    Scott was not injured in the incident. He twice tried to run away when Wilder confronted him, according to court documents. "Stop or I'll shoot," the homeowner said, according to the documents.



    Scott was not armed and didn't threaten the homeowner. Police say to use deadly force, someone must be coming into your home or be violent.

    "At this moment he made a decision that, when we have to look at the facts and we have to judge it to what is allowed, he clearly violated the law. If you have someone trespassing in your backyard, if you have someone stealing your stereo out of your car in the front yard, you cannot use deadly force to protect property," Roy Police Chief Greg Whinham said.



    Whinham also told us, "The individual was simply in his backyard. By all accounts, [he] was just getting ready for a perceived, imagined barbecue."

    Police say Scott has a history of mental problems.

    Prosecutors have now charged Wilder with attempted homicide. I did talk to Wilder today. He did not want to go on camera, but he said that in his 66 years his name has never been in print, but he's making the news because of a bad judgment call.

    Police say the trespasser may also face charges in this case.

    (The Associated Press contributed to this report.)
     
  12. Elza

    Elza Member

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    Here while back a drunken Japanese exchange student was beating on some guy’s door in Baton Rouge, LA. The guy shot through the door and killed the student and managed to walk. Mr. Wilder better pray for a similar minded jury!

    Texas is more liberal than most states when it comes to protecting life and property but I don’t think this situation would fly even down here. I suspect that Mr. Wilder is in deep dodo.
     
  13. Car Knocker

    Car Knocker Member

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    I believe your information may be incorrect. As I recall, the student was not drunk nor was he shot through a door. The shooter was acquitted in the criminal trial but was found liable in the subsequent civil trial.
     
  14. pacodelahoya

    pacodelahoya Member

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    Since more of the story has come to light, I say the shooter was definately wrong and It's good to see the other guy get trespassing charges.
     
  15. araiford

    araiford Member

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    Lucky that no innocents were hit by his reckless use of a firearm.
     
  16. Carl N. Brown

    Carl N. Brown Member

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    quote: Mr. Wilder better pray for a similar minded jury

    The homeowner in the Louisiana incident was named Peairs,
    the college student was named Hattori, IIRC. It was Halloween night,
    Hattori and another student were looking for a party. They
    went to the wrong house, and I do not believe it was the
    front door. They knocked on the door. The homeowner's
    wife became frightened. The homeowner armed challenged
    "Freeze" and Hattori a Japanese exchange student apparently
    did not understand what that meant. He did not freeze and
    the homeowner shot him dead. The criminal trial found the
    shooting not criminal. There was an international news media
    firestorm over that. In the civil trial, the homeowner was found
    liable for damages to the student's parents. While not criminal
    under criminal law, it was found wrongful under tort law.
    This is a classic case of how use of force can go
    wrong and is used by self-defense instructors. It was
    a nightmare scenario for everyone involved, tragedy
    all around.

    Lethal force only if a 'reasonable person' would agree that
    you were in fear of imminent death or greivous bodily harm.
     
  17. gunsmith

    gunsmith member

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    at first I was on the shooters side

    a guy in the backyard playing with fire and crazy?
    Even in CA you can shoot if arson is involved.
    However the shooter was shooting blindly, not into the ground.
    He didn't hit the target he hit the pool in the neighbors yard and almost hit a propane tank, if a spark had ignited that tank....:eek:

    In the Hattori case he did not "freeze" and attempted to enter...
     
  18. W.E.G.

    W.E.G. Member

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    Here for the barbecue?

    The ribs aren't ready yet, but you would make a nice snack.
     

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  19. FortyCalGlock

    FortyCalGlock Member

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    Police say the trespasser may also face charges in this case.

    <Low Road irrelevancy removed by Art.>
     
    Last edited by a moderator: Jul 18, 2007
  20. Car Knocker

    Car Knocker Member

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    ,,,
     
    Last edited by a moderator: Jul 18, 2007
  21. Travis McGee

    Travis McGee Member

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    Very good real world use of force scenario discussion. Lots to chew on here. This is why THR is the best.
     
  22. Elza

    Elza Member

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    Oops! I must have mixed up two different events. I should know better than to rely on my flaky memory!
     
  23. Gillster

    Gillster Member

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    I was actually reading this thread wondering if anyone was going to mention Texas. I remember several years ago that a homeowner here in San Antonio shot and killed a kid who had hopped his fence to steal a chicken at night. The shooting was ruled justified because the kid was in the backyard after dark which apparently in Texas makes a big difference:

    Sec. 9.42. DEADLY FORCE TO PROTECT PROPERTY. A person is justified in using deadly force against another to protect land or tangible, movable property:
    (1) if he would be justified in using force against the other under Section 9.41; and
    (2) when and to the degree he reasonably believes the deadly force is immediately necessary:
    (A) to prevent the other's imminent commission of arson, burglary, robbery, aggravated robbery, theft during the nighttime, or criminal mischief during the nighttime; or
    (B) to prevent the other who is fleeing immediately after committing burglary, robbery, aggravated robbery, or theft during the nighttime from escaping with the property; and
    (3) he reasonably believes that:
    (A) the land or property cannot be protected or recovered by any other means; or
    (B) the use of force other than deadly force to protect or recover the land or property would expose the actor or another to a substantial risk of death or serious bodily injury.

    I still question the shooters judgement in the original scenerio but if you are in Texas and it's after dark, don't be up to mischief
     
  24. Steve in PA

    Steve in PA Member

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    I don't see anything in that law that says anything about trespassing. You would also have to prove that the person was there to steal the chicken or anything else for that matter.

    It was a bad shoot, too bad they guy didn't know more about the use of force.
     
  25. Gillster

    Gillster Member

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    Actually I think they used that phrase and considered trespassing to be criminal mischief in refusing to file charges against the homeowner and I think even worse the gentleman was basically firing blindly into the back yard when he hit the kid. This did happen many years ago and I wasn't really into CHL or self-defense at the time, the only reason it stuck in my head is because I always thought that Hilbig, the DA at the time, was a moron and I remember him explaining the decision and why he disagreeed with it but would not prosecute the homeowner. I wasn't make a judgement on the shooting of a boy stealing a chicken, I was actually just responding to the comment about the original shooting not flying down here in Texas by stating that a shooting at least as un-justified and involving loss of life actually did fly down here.
     
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