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RoostRider

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After reading several stories about peoples experiences with self defense... You know, it seems to me that I shouldn't be afraid to tell my story of self defense (actually I have several, but this one was the most 'troubling' to me).... At first there were a lot of police, attorney's, reporters, and courts involved, my gun had been confiscated in a town not known for being gun friendly (St Paul MN) and keeping my mouth shut seemed like the best possible thing I could do.... I did just that for a long time, even after it was settled....

I made a lot of errors and this kept me from publishing it here for a while (I have no desire to be castrated for making mistakes under stress)... It's also pretty 'personal' in an odd way.... but I make reference to the incident here and there and always get the "tell me more" from someone... and why shouldn't I? Why should I be afraid to let someone else learn from my mistakes and the things I did right?

I did enough right to be here telling the story.... and in this stories case, that's better than the last guy who tried before me.... sad as that is to say...

This was written by me the day of sentencing.... quite a while ago now, but I don't feel like editing it, and some of the desperation/relief might be lost if I did anyways.... it's a bit raw, but here it is....

_____________________________________________________

I have lived in my duplex in St Paul for about 9 years or so. It's not in a great neighborhood but it's decent, much better than the neighborhood I moved out of in south Minneapolis. There have been a couple of incidents here over that time, mostly accidents on the road in front of my house, but one of my tennants had her car stolen from the driveway once, and another had her purse jacked out of her car.... here and there, there is a scuffle on the street.

I recently moved out from the upper unit into the lower unit, so I could have access to an office in the basement. I rented out the upper unit to a close friend who had been living next door. She is a single mother with an 11 yr old boy, and 5 year old girl. They are good friends with my son, and it's a nice arrangement.

Several months ago I was up playing a video game in my basement office at night. I was playing America's Army, because I like First Person Shooters and what the heck, it's free... lol... Anyways, I hear some crashing around upstairs from me and I think to myself 'it must be the tennant upstairs' and I keep playing... I hear another crash from upstairs and I checked the time.... it was about midnight or so and I thought to myself 'the tennant wouldn't be up right now', so I went up to see what was going on.

As I walked into my kitchen I could see an arm reaching through my kitchen window, a black persons arm. Now I have a lot of friends who stop by at odd hours or on spur of the moment without calling, but I don't know any black people well enough for them to be crawling in my kitchen window unannounced at midnight.... but it does occur to me that it wasn't more than a few months ago when my friend Tracy climbed in an open window in my house at night unannounced... but I do know several black people in the neighborhood... it also occurs to me that the former tennant in this lower unit often had black friends over... so, who knows what the story is, right?... so I decide not to take too drastic of action and I simply open the kitchen door and shout "WHAT THE **** ARE YOU DOING" at this guy trying to climb in my window...

He immediately, without so much as a word, takes a wild swing at me hitting me in the side of the head on the upper skull.... this put me into 'All Bets Are Off' mode.... I grabbed him by the collar of his shiney white T-shirt (the local gang regalia) and throw him to the ground. I sit down on his torso and start beating him in the head.... really clocking him good... he doesn't say a word the whole time even though I have him down and I am pummeling his head with my fists, he just keeps trying to get up.... So, I finally decide it's going to take a little more to dissuade this guy from robbing my house. I clock him a couple more good ones and then hastily make my way to my room, and the pistol locker on my nightstand. I enter the access code and take out my 9mm semi-auto handgun. I chamber a round as I exit the bedroom into the kitchen, release the safety and enter the porch (where I had taken him down).... it's empty... I look into the yard from the porch and I can see my gate door hanging open on my 6' privacy fence.... I enter the yard and clear left and right and then go out onto the walk in front of my fence... the door was busted open from the inside and the latch was hanging....

…. There he is, staggering down the sidewalk... I confronted him with a loud verbal command such as “stop right there you stupid f***head!” or something (I was really pissed)... at this point he turns and comes back at me.... I raised my handgun and dropped a round in the dirt just in front of him... he seems to finally realize that leaving quick is his best option and sprints off around the corner and down the alley.... I rounded to corner to see him going down the alley.... I walk back to my house calling the cops....

The cops encase my entire neighborhood in a matter of 10 minutes... I had never seen response like that... probably 15 squads... no one comes to talk to me.... about an hour later I call the cops back and ask why no one was coming to talk to me and she informs me that someone will be there very shortly... sure enough a cop walks up to get my story... I told my story, just about as I did here....

Turns out they have the guy in custody already, and he was on a rampage... he left my house (the way I escorted him out.. lol) only to go try to break into another house in the alley (after I left him)... well, that neighbor had heard me shoot and shouting at this guy and was watching out his window as the perp tried to break in.... this neighbor chased him off with his 12ga shotgun, and also called the cops and chased the perp down the alley... when the cops showed up for my call they were just getting inundated with calls about burglaries and shots fired from my neighborhood... including calls from this neighbor, who was chasing him down the alley with a shotgun.... the perp fled onto the main street, and this neighbor was coming back down the alley with his shotgun when the squads arrived... naturally, they arrested him until it was sorted out... When they go out to find the perp on the main street, a citizen on the street says a black guy just came out of the alley bleeding from the head (my punches ) shouting about how "some crazy white mother****er just shot him in the head" and ran off down the street.

About this time, they get another attempted burglary call from my neighborhood... a 74 year old lady down the street caught a guy meeting this description creeping around on her bedroom floor.... she flees the house and the cops arrived quickly (they were in the hood and all)... she thought he was still in there, so the cops sent in the dogs.... apparently he didn't cooperate with the dogs either, so it went poorly for him and he was arrested and brought to the ER for treatment of his many wounds (heres to hoping some of them were from me )...

The cops came and dealt with me after all the hub-ub.... they confiscate my gun as evidence, tell me I should have killed the guy and that I will get the gun back after the case is settled.

Well, the next day I have reporters in my yard and calling me at home... They want to know if I know who it was I got into it with last night... naturally I know nothing.... turns out this guy was a well known thug and he had just been released on a suspended sentence after serving only 167 days (or something like that) on a MURDER during a robbery, which he had plead down to manslaughter, even though he had killed the man who's house he had been robbing when he was caught in the act... so 167 days served on a 86 month conviction for a crime that was not as bad legally as it was morally (he should have been tried for murder during the commission of a felony!!!)... and he was back on the street on the understanding that he would not have any violations of probation in 7 years....

This caused some media uproar, and the dead mans family was in the paper talking about how the criminal justice system had let them down.

He sure messed that up... lol... When he was caught, he was drunk, disobeyed the officers (wouldn't come out of the house), had committed attempted burglary 3 times that night, and was in clear violation of his probation.... he was released in less than 24 hours pending probation violation hearings!!... When the news hit the wires and outrage ensued they went and picked him back up and held him for trial...

He plead guilty to 1 count of 1st degree attempted burglary (in a plea down from the 3 he was being charged with) and was set for sentencing TODAY....

I went to see how it would go and to give a 'victim impact statement' to the court.... As to his violation of probation, he was sentenced to 86 months incarceration by the state with his time served (the days waiting for trial both times count towards his sentence)... the prosecutors told me to expect his 1st degree attempted burglary sentence to run concurrent with his other sentence (meaning no extra time, just the conviction)... but, after hearing the impact statement, and seeing the full courtroom of former, or current victims, as well as the press.... he was issued 19.5 more months to run consecutive to the other sentence... meaning he gets another 19.5 months for having done those crimes as well... also, a bunch of compensation will be billed to him for his deeds, which he can work off while in prison...

When I walked out of the courtroom I was congratulated by the prosecuting attorney, victim advocate for the state, and the whole family of the murdered man each came up to shake my hand and tell me how glad they were that someone told the court what this type of thing does to our community. They each said they finally felt that at least some justice was finally delivered to the man who killed their son, brother, cousin, and friend.

I don't think much would have stopped a criminal like this aside from putting him in prison... he wasn't dissuaded by having committed his first crime, nor by having his ass kicked, nor being shot at, nor chased off with a gun later... he went until he found someone who couldn't defend themselves (a 74 year old lady living alone)... the only thing I might have been able to do better to stop this guy was to put 3 9mm rounds in his chest when I had the chance to do it legally... had I had my gun when he hit me, I would have killed him on the spot... had I known at the time I fired the warning shot what I know now about his behavior, I might have done it....

All things considered, it turned out pretty well... He got caught, he is serving his time for his previous crime (which should never have been stayed), he is serving time for this crime (not as much as he should), and I didn't have to kill anyone.....

Yay for me!!!! today is a good day

_________________________________________

To anyone who goes through this after having read this, or anyone having trouble dealing with a similar issue... The violation/fear/anger issues subside some over time... it all changed my life and how I look at things... a known murderous felon broke into my home and assaulted me... how can I ever think the way I did when I felt safe in my home?

While I managed to defend myself and sentencing day was a good day.... no day since that robbery attempt has been 'the same'... I learned a lot that day... some of it not so nice... but some of it I am glad to know anyways... some of it might save my life some day (I carry always now... even in my home).... some of it I hope gets passed on to you (however you choose to use it)....
 
Oh, and I got the gun back about 6 months later, after filling letters and filling out paper work..... it was covered in finger print dust, and they wouldn't return the ammo.... meh....
 
I'm sure plenty of people will be by shortly to tell you how chasing someone, warning shots, etc are all bad news for you legally.

All I'm gonna say is that you handled it how that sort of thing was handled 100 years ago, and should be today. If criminals had more reason to fear their victims, I think there would be a lot less problems. As of now, there are a million laws tying the hands of victims such as yourself and the man with the shotgun. But I wish it wasn't that way. Call me bloodthirsty or whatever, but there was a time in the country where catching a thief on your property was grounds to shoot him plain and simple. Part of me wishes we had that back.

Be grateful you weren't prosecuted or some evidence tech's initials weren't scratched into your gun.
 
Wow, well done.

I'm glad that the case was in the media...and that such flaws in the justice/sentencing system were made so public.

Hopefully more good will come of it than just one more bg off the streets.
 
Interesting story, thanks for sharing it. Now if I could get my other half to understand these types of things are why I want a gun on me even in my house.
 
Sounds like you handled everything well, from the asskicking to the warning shot. Had you shot him, no doubt both of you would be tied up in the court system. Plus, you already kicked his ass once, no doubt you could do it again, no bullets needed.
 
You're not dead or in jail while the bad guy, who you didn't have to kill, is doing prison time. I think you did pretty well. Has this experience changed the way you do things at all? For example, do you now carry even when at home?
 
You did the right thing. I don't know why the cops said you should have killed him, he had already left your house.

I'm sure they were even more frustrated than the general citizenry at the failure of the justice system to keep the perp behind bars. They have to deal with the same guy again and again as he continues to cause mayhem. Make no mistake though, their frustration with dealing with the burgler again can't shield you from prosecution. Criminal is up to the DA, and civil up to the burgler's family.
 
...there was a time in the country where catching a thief on your property was grounds to shoot him plain and simple.
Partly a common misconception--but partly true in some places. In the days and places in which territorial committees enforced order (notice I did not use the term "law"), people often got by with using what would be considered unlawful force in any society governed by laws. Also, penalties were often more severe.

However, as each of the territories became a state (or commonwealth), all but one of them adopted the English Common Law as it existed at that time. The Common Law prohibited the use of deadly force against thieves as well as trespassers, and had for centuries.

Many people do seem to believe otherwise. I'm not sure if that is due primarily to misconceptions promoted in fiction (movies, television, or novels), or if it is due to simple repetition of the myth, or both.

I hope this helps.
 
Great outcome, it's good to hear a scumbag got caught as quickly as he did. Hopefully he didn't cause any harm between his release and his meeting you and your neighborhood.

It irritates the hell out of me to hear of violent offenders let out early...especially murderers. If prison crowding is an issue, then the nonviolent offenders should pay to have a room of their house converted into a cell, ankle bracelet installed and serve their time there instead. It would be far cheaper to do such a thing, even with a monthly checkup by a police officer to make sure the "cell" is still intact.
 
Wow, good story, good outcome! Thanks for sharing, RoostRider. It's easy to say "You shouldn't have followed him out or fired a warning shot" but, MAN, being amped up on adrenaline like you must've been would make it so hard to slow your brain down enough to cipher through shoulds and shouldn'ts.
 
Ragnar Danneskjold said:
All I'm gonna say is that you handled it how that sort of thing was handled 100 years ago, and should be today.

Oddly, that is very close to what the first arriving officer on the scene said. Something to the effect of, “that’s not how you should have handled it, but it should be”.

ProShooter said:
I am very surprised that you didn't get arrested yourself.

Yeah, so was I…. It only helped my case indefinitely that this guy was who he was… had he been some common shmuck from the street I don’t think things would have gone so swimmingly for me.

This was pre HighRoad in my life. I learned a LOT from this board about such things, not the least of which being how lucky I was that I opened my big mouth and still went back into my home to go to sleep that night.

I have commented on threads in the past where people say “there is no way talking to the police will help you”…. Simply with an agreement that talking is a bad idea, but a note that in some instances it works out best for you… Cops are people, if they sympathize with you they will help you…. If they don’t…. well…. Luckily, it was hard not to sympathize with me on this one….

I honestly think that had I refused to co-operate with the officers more than “I fired my weapon, I was in fear for my life, and I want an attorney” I would have spent the night in the pokey waiting to talk to my attorney in the morning.

hammerklavier said:
You did the right thing. I don't know why the cops said you should have killed him, he had already left your house.

The thing is… the police had caught him by this point…. I think they knew who he was and wanted him done…. This was a well known ‘thug’ that they put together a good murder rap on less than two years ago, and he was out burglarizing the streets again… they wanted him dealt with ala ‘street’ if you know what I mean…. No attorneys, no jury, no trial (they saw what that got him last time) ….

In MN here there is no special provisions about a threat to your life… no duty to retreat… If he validly threatens my life/safety or anyone elses (everyone including the woman and kids on my property by all regards), I can legally kill him…. and at least the officers responding to this issue understood that clearing your property of violent felons is a legitimate need….

The way the officer who dealt with me primarily explained to me (there were more than a dozen officers by my house and talking to me that night)… he said that if I legitimately feared for my life when he turned to confront me I was within the law to kill him (I now understand this to be “a reasonable person”, not “I”) …. A reasonable man could easily assume that the violent felon who he just got into it physically with while trying to break into his home and is now coming back after being confronted again might be a legitimate threat…. Given who he was, and the fact that he had killed a man in strikingly similar circumstances, I had a lot of evidence on my side….

To be honest, there is a part of this post that I left out…. I left it out because it is a very hard aspect of this for me to deal with…. It isn’t about the facts of the case so much as how I have to deal with this…. It has plagued me since this issue….

As this guy ran down the alley away from me… I yelled at him…. I remember what I yelled specifically, although I doubt he does…. I screamed “Was there anything in my house worth loosing your life over?!?!?! Your lucky I’m a nice guy!!!!

I am a ‘steward of the neighborhood’ type of guy… I have a son who has all the neighbor kids over all the time… I help out my neighbors, just because they are my neighbors… I have community events in my yard…. Seriously, when I moved into this neighborhood (a sketchy one), the neighbors had to adjust to having someone around who saw that you were having trouble starting your car, so he would come over and help…. Someone who kept an eye on THEIR things for THEIR sake (not looking for the opportunity to exploit)… When there is a commotion on the street I don’t lock my door and wait, I go see whats going on…. I was the first to respond to my crackhouse neighbors screams when her kid was killed in her bedroom as others stood across the street gawking and dialing 911…. I was the last to leave that night…. heck, just someone who would smile and say “hi” to them every time they see them…. Someone who would have a fire in the back yard and they were all welcome…. Honestly, I earned a reputation I am proud of around here…

That’s where the problem lies inside me…. Sometimes, even now, I think to myself that I made a big mistake letting that punk live… and that’s hard for someone like me to deal with (I am seriously nervous and upset just typing that)…. You know?…. I ‘should have’ killed a guy…. A guy who went directly from me being in the legal right to kill… right into trying to rob my neighbors… breaking into my 74 year old widow neighbors house and scaring her out of her sleep!!!….. you know?…. who should I have protected? Me and mine? Or his right to live?….

I cut him a break.... and I knew I was doing it at the time.... at very first I thought I would just scare him off... then I fired a warning shot that could/should(?) have been lethal....

When the officer confronted me about this he wasn't being so nice... he said "If you were really in fear for your life you would have killed him!".... to which I responded "I was hoping that would make it so I wouldn't have to"... when he said, "tell the truth, you just shot at him and missed"... I said "no, If I'd have shot at him he would have 2 rounds in his chest because that's what I have trained to do"... that seemed to be what he wanted to hear...

It never occurred to me who this guy was…. To me he was just some punk kid who needed an ass kicking that I gave him…. Not to be shot dead…. But I might have been wrong…. That’s not easy to deal with….

That coupled with the fact that had he taken one more step past that warning shot, I know I would have dropped him…. I just know it in my heart… that’s not easy to confront when you are a person who values peace… I would have killed a man…. And he may have been nothing more than the punk I thought he was…

There is just no ‘right’ in this scenario…. There just isn’t…..

meytind said:
Has this experience changed the way you do things at all? For example, do you now carry even when at home?

It changed me in more ways than I can tell you, or even know myself… and yes, I now carry even when at home… oddly, I often did before this…. It always happens when you don’t expect it…. I always carry now, if it is legal….

Dan M. said:
Wow, good story, good outcome! Thanks for sharing, RoostRider. It's easy to say "You shouldn't have followed him out or fired a warning shot" but, MAN, being amped up on adrenaline like you must've been would make it so hard to slow your brain down enough to cipher through shoulds and shouldn'ts.

Almost sounds like you’ve been through it…. I knew better than several of the moves I made… not the least of which is confronting a burglar with nothing more than bare hands… it all seemed like the right thing at the time….

‘He’s just a kid trying to pry open a window’
‘He might be the old tenants friend’
‘I should just scare him off’
‘If I confront him, he’ll leave’
‘I have to clear my property’
‘the gun will show him how serious I am’
They were all flawed logic….

I shook for 5 hours after this ordeal…. it happened around midnight… so yeah, I was up shaking till the sun came up…

I couldn’t calm down…. All I could think of was how violated I felt…. What a stupid kid… why would he do that?… maybe he needs help…. I should have just yelled at him from inside the house and left it at that…. I should have killed him with my bare hands… I should have gotten my gun before I confronted him…. I should have realized the first sound I heard that something was wrong… everything…. Everything runs through your mind from the time it starts to years after….

At this point I have to say thanks to everyone who responded… part of the reason I never posted this before, despite several inquiries about my experience that lead to certain advice, is because I did not want to be torn up for all the mistakes I know I made… I appreciate constructive criticism, but I learned a lot from this already and being cold about it to me now will do me no good. So I had no desire to be in the middle of a storm of criticism…..

You guys are all nicer to me about it than I am to myself…. By a long shot…. thanks
 
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RoostRider

Thanks for telling us your story. I'm sure it wasn't easy for you, but you have done us all a service.
 
thanks Roostrider for expending the time and emotional energy to post your story.

Reading your post gives me some insight into an experience I had several years ago that was very different in the details, but similar in my reaction to it.

Thanks for helping me understand.
 
Why is that sheepdog? I live in MN..... but always interested in interesting things...
 
middleground said:
Reading your post gives me some insight into an experience I had several years ago that was very different in the details, but similar in my reaction to it.

Hey, don't be shy... :)

In an odd way a lot of this helps me deal with it... it's really an uncool feeling when no matter what you would have done it's wrong.... As you can imagine, every person I know knows the story, even people I don't know.... only two people in my whole life have come up to me and said they were glad I didn't kill that guy (1 friend (who is a pacifist) and the GF)... most people thanked me for helping to put a stop to this guy (at least until parole), but none of them deal with the issues that arose since that day... the realization that no matter what I did I was going to live with regrets for it...

This punk had a lot of connections to my neighborhood.... he went to school near here... his burglaries were always in this area.... the murder he committed was only a mile away or so... the man he killed was related to my neighbor and was a local 'nice guy'... and that went down really ugly too... maybe some more story here huh?

On his manslaughter conviction- (we'll call him 'the punk')

The punk had burglarized many homes in the area including the home of his girlfriends relations/parents(?) (great guy huh?).... he had actually missed the mark he was looking for in the first robbery (scared off) and came back again when he knew they would be away. The home owner suspected this guy in the first burglary and warned his neighbors and relations. As the punk was casing the house someone called the home owner and said the punk was outside looking suspicious and casing the house.... the home owner then called the victim to go over and take a look and see what was going on...

When the victim got to the scene the punk was in the process of breaking in... the victim grabbed a steel fence post from alongside the house and confronted the punk... witnesses gathered as the commotion took place, so the story is pretty solid from here on out.... the punk went into some explanation for why he was there climbing in a window and told the victim that the weapon wasn't necessary, it was all a misunderstanding.... the victim, apparently trusting the punks word, was extremely cross with the punk but dropped the fence post....

The punk took this opportunity to jump the victim punching him repeatedly and knocking him into an anchored fence post and unconscious to the ground.... at which point he continued beating him, finishing it all off with several kicks to the head, which proved fatal...

Horrified witnesses stood there as the punk ran away before the police arrived... he was easily identified and apprehended shortly thereafter... tried for manslaughter, and well, as the late Paul Harvey would say, that's the rest of the story....

How can you tell yourself that it's a good thing you let this creep live? (and terrify an old widow)
How can you tell yourself that you should have killed someone when it turned out you didn't have to?

It all reminds me off a Star Trek Next Generation episode I saw once (I'm no Trekkie so forgive me if I get it wrong), but essentially the captain (back in training) had been put in a 'no win' scenario and found some way to win... in real life I guess we have to deal with losses in those no win situations...
 
RoostRider,

Thanks for sharing that!

You did the best you could at the time, and have obviously learned a lot from the experience.

Hope something like that never happens to you again, but if it does you'll be much better prepared.

Know that sharing your experience has helped me, and I'm sure others, to be better prepared also.

Bobo
 
I think You did the right thing by not killing him. At the time you had no way of knowing who he was. I mean he could have been a family man that lost his job, couldnt get government aid for whatever reason and was just trying to survive. You could have been killing someones father, someones son. If I had a son that was messed up with drugs and gangs etc... I would be pretty upset. I would hope and pray he'd turn around. If someone shot him dead I'd be even more upset. Plus you never know how the community will respond you could be praised as a hero, or they could come after you with a lynch mob. Maybe in this case you would have been more on the side of hero, but you didnt know that. Im not really a pacifist. I just believe that you dont just kill a stranger unless you absolutely have to. And it sounds like you didnt have to. If he kept coming at you after your warning shot it would be different. So I think you did find the winning side in this situation. You feel bad now, but it could and probable would be worse had you shot him.

Thanx for sharing, and I fully believe you did the right thing. I hope I would handle it as well as you did if I ever find myself in a similiar situation.
 
You did the right thing. I don't know why the cops said you should have killed him, he had already left your house.
Because with a dead criminal, they have a lot less to deal with. They also know that the revolving-door criminal justice system that puts scumbags back out on the streets is broken.
 
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