Self-defence shooting in Montana

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Preacherman

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Two articles below: one with news of the shooting, the second an editorial supporting it.


1. From Missoulian.com (http://www.missoulian.com/articles/2004/04/07/mtracker/news/91shooting.txt):

Homeowner likely won't face charges for shooting escapee

Posted at 8:41 a.m. April 7

GREAT FALLS (AP) - A Cascade-area homeowner likely won't face any charges for the shooting death of an escaped convict who had broken into the house and was armed with a rifle and a knife, officials said.

"I don't anticipate any charges being filed," Sheriff Kent Funyak said Tuesday.

Robert Nylund, 55, shot Paul Anderson in the chest with a .38 revolver.

Anderson, 26, had walked away from the Cascade County regional jail Sunday night with fellow inmate James Joseph Brown, 41.

Anderson, who had apparently been at the Nylund house most of the day Monday, confronted the couple when they came home from work.

He allegedly told the couple he had escaped from prison, that he wasn't going back and that he would shoot them and any officer who tried to arrest him, Funyak said.

Anderson had a loaded .22 rifle, but he wanted the ammunition clip, so he sent Sandra Nylund to her truck to retrieve it.

Robert Nylund then asked to go to the bedroom and changed his clothes. He returned with the .38 and shot Anderson, Funyak said.

County Attorney Brant Light said he would review the sheriff's reports and decide if Nyland was justified in shooting Anderson.

"If the facts hold up as they've been presented, this is a clear case of defending yourself and your property," Light said.

Anderson was serving more than 20 years in prison for a brazen two-week robbery spree in Missoula. Anderson was called "the backpack bandit." He robbed motels and other businesses along busy streets without hiding the gun or wearing a mask and stuffed his take in his backpack.

In the meantime, deputies continue to patrol the Cascade area looking for Brown, Funyak said.

Brown apparently broke into an empty house in the same area, but it's not possible to determine when, Funyak said.

Brown has an extensive criminal history dating back at least 25 years in Utah, Nevada and Montana and was serving 20 years for breaking into two businesses in Hamilton in September 1999, Ravalli County court records said.


2. From Missoulian.com (http://www.missoulian.com/articles/2004/04/09/opinion/opinion6.txt):

This kind of gun control averts tragedy

Friday, April 9

SUMMARY: From this week's headlines comes a good example of why the right to bear arms is so important.

In the news this week is the Cascade-area man who shot and killed an escaped convict who broke into his home and threatened his wife and him. What an awful, terrifying experience. Thank goodness Robert Nylund had a weapon available, the ability to quickly access it and the skill needed to use it under trying circumstances when the stakes couldn't be higher. That's what we call gun control.

We in the news business never seem to miss an opportunity to regale the public with examples of firearm misuse. Examples abound and they invariably feed firearm opponents' demands for stricter regulations or outright bans on guns. What too often goes unacknowledged, at least by the mainstream news media, is that the difference between a harrowing situation and brutal crime sometimes comes down to an armed citizen. Guns are inanimate objects, neither good nor bad. Bad people can put them to bad use, but good people also can put them to good use.

No, it isn't every day that an escaped convict breaks into your house (although, we can't help but notice that convicts escape from the Great Falls regional jail with distressing frequency). But it's a dangerous world in which we live, and you can't always count on the cops to be on hand when you need them most. Relatively few people will ever be called upon to defend themselves from deadly threats, but many of us value greatly the ability to do so, just in case.

Montana law is unambiguous when it comes to your right to use a firearm for protection:

"Any necessary force may be used to protect from wrongful injury the person or property of one's self, of a wife, husband, child, parent or other relative or member of one's family, or of a ward, servant, master or guest."

"A person is justified in the use of force or threat to use force against another when and to the extent that he reasonably believes that such conduct is necessary to defend himself or another against such other's use of unlawful force. However, he is justified in the use of force likely to cause death or serious bodily harm only if he reasonably believes that such force is necessary to prevent imminent death or serious bodily harm to himself or another or to prevent the commission of a forcible felony."

Like all rights, the right to self-defense comes with significant responsibilities. It's deadly serious business. It starts with the right to own a firearm, but it includes the responsibility to exercise good judgment and competence in handling the weapon.

Incidents like the one this week near Cascade help remind us all why the right to bear arms is one so many people hold dear - even as we acknowledge and work to combat criminal use of guns. You should never take for granted the fact that you live in a country - well, at least a part of the country - where citizens have the right to use might for their own protection.
 
Good outcome, due to the homeowners' quick thinking and not a small measure of good luck.

This situation is another reason to carry all the time, or at least have one or more of your guns in your car - you never know what you are returning to when you come home.
 
A stupid crook trick! The homeowner is lucky the escapee was so stupid. That editorial was surprising to me.
 
Thank goodness Robert Nylund had a weapon available, the ability to quickly access it and the skill needed to use it under trying circumstances when the stakes couldn't be higher. That's what we call gun control
Now THAT is what I call journalism!!:) Oh that more cases were reported thus.

Doesn't sound like Anderson was too high on smarts either .. wife goes for ''clip'' (shudder!) ... and could well have brought back a piece ..... then Anderson aquiesces to Nylund's request to go change clothes .... at which point fortunately he gets his piece. (just a ''humble 38 note!! :p ).

But bearing in mind that we can't make appointments for emergencies .. all-time carry would have been even better. Luck did play a great part, coupled with a perp who was fortunately a total dumba**.
 
Like all rights, the right to self-defense comes with significant responsibilities. It's deadly serious business. It starts with the right to own a firearm, but it includes the responsibility to exercise good judgment and competence in handling the weapon.

Amen!
 
I have no idea why people make fun of the 38... I personally wouldn't want to be on the business side of that round!

I'm always happy to hear the outcome of "Good people 1, Bad Perp 0" :neener:

I'm an escapee and I ain't going back and I'll shoot anybody.. ?? (Thumbing through the Twoblink dictionary) in my dictionary, that's basically a green light to shoot him..
 
This sort of thing is why I would not live in places like New York, where shooting an armed escaped felonious burglar can get YOU sent to jail. Thank goodness that Florida, like Montana, recognizes the right of self defense. We've had a few local incidents here and the cops consistenly refuse to waste the Grand Jury's time when an honest citizen shoots a criminal in self-defense.
 
>> I have no idea why people make fun of the 38... I personally wouldn't want to be on the business side of that round!

I wouldn't want to be on the business end of so much as a pellet gun. That doesn't mean I would want to use it for defense when my life is on the line.
 
Fella's;

What I find particularly interesting is the difference in press representation of the incident. The city of Missoula is 160 miles away from Great Falls, in which area the incident occurred, & is generally considered to be the far more liberally oriented community. However, the Great Falls Tribune is a Gannett paper.

In Tuesday's paper, GFT, in the body of the article, the sheriff was quoted as saying the the incident was under investigation, but no charges were expected to be filed. Further in the article, the shooting was referred to as a crime. Go figure.

900F
 
Whoa! Missoula has undergone a major change from when I left MT (tail end of the 90's). Used to be the L.A. or NYC of MT. You couldnt spit without hitting some leftist hippy piece of filth.

I cant tell you just how badly I want to get out of this state and move back there.
 
# 2,000,005

How does that one song go?? "Another one bites the dust†I get a big smile on my face every time one of these deadbeats gets shot. The homeowners were lucky that this crook was so stupid. I can't imagine why he would let the guy go in his bedroom unescorted.

If a crook even let me hang my coat up he would be in for a BIG SUPRISE. I don't have any kids so I have the luxury of stashing guns in easy to access locations all over the house.
 
Fella's;

Today I sold some locks to a moderatly distant neighbor to the shooter in the above incident.

They had spent the winter in the south & returned to Montana on Tuesday. They hadn't a clue as to what had happened the previous day. Their immediate neighbor met them & gave them the story before they entered their house. Since the 2nd escapee was still loose, the neighbor told them that he was armed & would help them check out their house it they wanted him to. The two men walked up to the front door & found it ajar. So they cleared the house, & nobody in there.

But the owner knew that the door hadn't been open all winter because he had someone check the house every coupla days. He did decide to upgrade the lockworks a touch though.

In any case, this is an example of being neighbors in Montana.

G1FAL, if you get back to Montana, move to the east side of the mountains, it's still sane here.

900F
 
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