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Shooting at Burglar leads to charges (Memphis)

Discussion in 'Legal' started by Seminole, Jul 16, 2003.

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  1. Seminole

    Seminole Member

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    From the

    Memphis Commercial-Appeal

    The lesson here appears to be "hit what you shoot at."
     
  2. Standing Wolf

    Standing Wolf Member in memoriam

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    Range time.
     
  3. Mark Tyson

    Mark Tyson Member

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    Hmmm . . .

    Tough call. On the one hand I think you should be able to use deadly force to defend property. On the other hand, you need to know your target and what is beyond it.
     
  4. Dorian

    Dorian Member

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    everyone has a chrome handgun!
     
  5. seeker_two

    seeker_two Member

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    LOTS of range time...:scrutiny:
     
  6. El Tejon

    El Tejon Member

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    Impossible. Never happened.

    But, but I read on the Errornet that your property is a free fire zone and you can do whatever the boys at the gun shoppe say you can do.:rolleyes:
     
  7. JDSlack

    JDSlack Member

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    Sorry, I gotta disagree. If the BG had come after him in the studio, I'd see no problem. But Jones retreated to the "studio" got the shotgun and came back out. I don't know the law in Tennessee, but in Florida that would remove the protection of the "Castle Doctrine". I think Jones would have had justification if he had the shotgun when he first went out, was confronted with an armed subject and shot him. But in any case, using a neighbor's bedroom window as a backstop wasn't real smart either.

    Of course, the witness saying he didn't see the BG with a weapon didn't help.
     
  8. CZ-100

    CZ-100 Member

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    This guy need to practice a little, 6 shots with a shotgun and misses.:what:

    JDSlack good point... Alwaws go out ARMED :D
     
  9. Monte Harrison

    Monte Harrison Member

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    Ethical problem. You should by law be allowed to use deadly force to protect your stuff, but you should not exercise that option. Deadly force response only to a deadly force attack.
     
  10. Jeff White

    Jeff White Moderator Staff Member

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    Hmmm.....I guess the cases were laying on the ground from his last backyard range session. How do we know there even was a burglar? Maybe Jones and his brother got into it?

    Was the burglar Jones' brother?

    Too bad we can't add aggravated ignorance to the reckless endangerment charges. This story stinks so bad a rail car full of Fabreze couldn't make it better.

    Jeff
     
  11. erikm

    erikm Member

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    Hmm. Maybe reckless endangerment for (as I see it) blundering about with the shotgun. 6 shotgun blasts without hitting the target is a bit much.:scrutiny:

    My sentence suggestion: House repair costs, mandatory gun law lessons and range time followed by police qualification, all at the homeowner's expense.

    If you've got a gun in the house, you should know how and when to use it:fire: :banghead:

    Cheers,
    ErikM :evil:
     
  12. Pebcac

    Pebcac Member

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    JDSlack - you're exactly right. The only thing the guy can hope for is that, once the perp pointed a pistol at him, it became an aggravated burglary. This would provide the homeowner protection from prosecution, but not civil responsibility for the property damage he caused his neighbors.

    Tennessee also does not require a retreat before use of force to prevent death or serious bodily injury.

    However, once the homeowner retreated to safety, he could be in trouble for going back out and engaging the perp with the shotgun. In any case, he's responsible for any damage or injury to a third party that he caused by firing on the burglar. The DA could very well look on that part as reckless endangerment.

    All I can say is, IMHO, dude was not in immediate danger once he got back into the house. Call the cavalry and, if numbnuts pokes his head through the "garage studio" door, ventilate it. I'm not running back out into the yard to duke it out Wyatt Earp style with some bonehead stealing my weed eater.

    And get some training, or practice, or something! :banghead:

    <disclaimer: I am not a lawyer, nor do I play one on TV. I got all this from LexisNexis, but who knows what the DA can cook up if he thinks dude was misbehavin'.>
     
  13. Nightfall

    Nightfall Member

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    You have the right to defend yourself and your property from criminals.

    You also have the responsibility of living up to the consequences when you ventilate your neighbor's home trying to hit the bad guy.
     
  14. .45&TKD

    .45&TKD Member

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    Disadvantages of Scattergun for suburban self defense

    I've always been concerned with stray shot gun pellets in a suburban self defense situtation. This could still happen even if he was a better shot.

    I'll stick to well placed .45acp shots.
     
  15. Ex-Doc

    Ex-Doc Member

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    SOunds more like a domestic violence incident being blamed as a burglery. Shootout with brother, police show up, perp gone no sign of anything but holes...sounds fishy to me.
     
  16. Jeff White

    Jeff White Moderator Staff Member

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    .45&TKD,

    If that's the case, how do you explain?

    I don't think that this was a suburban self defense situation. I think either the two brothers were out playing with guns, or as ex-doc suggests, a domestic dispute between the two brothers. The burglary story just doesn't match up with the physical evidence. Wouldn't be surprised to see Obstruction of Justice charges filed when the whole story comes out.

    Jeff
     
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