(TN) Booby-trapped weapon shoots alleged burglar

[Drizzt]

Booby-trapped weapon shoots alleged burglar
Date: 9/16/2005 12:44:40 PM
By: Jody Sliger
Staff Writer
[email protected]


A Sparta man was injured when he allegedly entered a home where a shotgun had been rigged to fire if the door was opened.

At approximately 4:37 p.m., Sept. 12, 2005, Deputy Darrin Gongaware was dispatched to Cummings Chapel Road where he encountered Greg Hutchings, 35, of Sparta.

Hutchings was lying in the front yard with ‘most of his left forearm missing,’ according to the report.

The officer proceeded to give first aid to Hutchings and asked him what had happened.

According to the report, Hutchings told Gongaware he was at the home of Neal Rodgers and the door was open, and he went in. Hutchings then said he was shot by a gun behind the door.

Gongaware’s report said it appeared Hutchings was suffering from a shotgun blast, with some of the shot in his stomach and arm.

While Hutchings was being transported to the hospital, Isom, Gongaware and Deputy Craig Wilson began searching for the crime scene to begin their investigation.

After officers checked a few houses in the area, they discovered the scene at a home on Cummings Chapel Road owned by Robert Austin and not at the home of Neal Rodgers.

Austin was contacted. When he arrived at the scene, Austin showed the officers how he had set up the gun.

Hutchings was transported to Erlanger with non-life threatening injuries.

“We collected the shotgun and string for evidence,” said Detective Chris Isom.

The incident is still under investigation by White County Sheriff Department.

http://www.spartaexpositor.com/newsdetail.asp?ArticleID=1208

right or wrong, I'm afraid Mr. Austin is going to be in for a bit of legal trouble...

 

[poe_9999]

to bad the homeowner will spend more time in jail that the thief...

 

[cracked butt]

to bad the homeowner will spend more time in jail that the thief...

Yup.
A guy in Northern wisconsin did the exact same thing 5 or 6 years ago. He had a shed on some land far off the paved road and had a 2 or 3 ATVs stolen from his locked shed in seperate incidents. The police wouldn't/couldn't do anything about it, so he rigged up a shotgun to go off if the locked door was broken into. Probably the only judgement error the owner made was that he set the shotgun to hit at knee level instead of much higher. The perp was found still alive by a passing motorist after he dragged himself out to a paved road.

Aim high. Shoot. Shovel. Shut up.

 

[cracked butt]

http://www.jsonline.com/news/metro/dec99/burg15121499a.asp
http://www.jsonline.com/news/metro/apr99/990720boobytrapinshedwounds.asp

 

[HankB]

Too bad the law favors the criminals in cases like these . . . a gun is noisy and it's hard to establish plausible deniability when a burglar is perforated. Better to leave something like a bottle of booze in your unoccupied shed or cabin wiped clean of your fingerprints and laced with something "special" . . . if you're inclined to do that sort of thing. (Disclaimer: This is an observation, not a recommendation.)

 

[molonlabe]

This is sort of nutty behavior. First he wasn't home so what if the house caught fire and a firefighter gets wasted because of this boneheads action.
Where in "Identify your target" or
"Be sure of what is behind your target" fit into this whole scheme?????


Am I the only one who finds this guy a little nuts...

 

[cracked butt]

Am I the only one who finds this guy a little nuts...

I would call it a lot nuts for the reasons you mentioned.

 

[cobb]

Quote:
Am I the only one who finds this guy a little nuts...


I would call it a lot nuts for the reasons you mentioned.

I am in no way sorry for a person that gets injured while involved in an illegal activity. But rigging a booby trap of this sort in your home is even morally wrong, not to mention stupid.

 

[HighVelocity]

Is it illegal to set a trap designed to capture, not injure an intruder?

A snare or tiger cage type trap?

 

[Shovelhead]

to bad the homeowner will spend more time in jail that the thief...

Depending on the Bad Guy's attorney, the Bad Guy might wind up owning the "Good" guy's house.

 

[beerslurpy]

If the guy hadnt been burgling the guys house, how would he have gotten shot?

 

[The Real Hawkeye]

These devices are known in the law as "springtraps." They have been considered tortious and criminal per se for a long time in this country. Seems, however, that they should be considered on a case by case basis, as I would like to see an end to awarding burglars money at the expense of their intended victims when they get shot up in these things, though I think a fireman responding to a call should be able to sue big time, and in that case criminal charges would not be objected to by me.

 

[molonlabe]

Let me clarify my stance on this."There is no brain behind this device" Thats the rub. Now I know that in some cases that does not make much difference but a brainless device will waste a fireman, a police officer doing a welfare check, your wife, your kid and yourself if you forget about it.

 

[The Real Hawkeye]

Let me clarify my stance on this."There is no brain behind this device" Thats the rub. Now I know that in some cases that does not make much difference but a brainless device will waste a fireman, a police officer doing a welfare check, your wife, your kid and yourself if you forget about it.

I agree that it is foolish. I would just like to prevent real burglars from winning big awards in court because they got hurt by one of these thing in the act of attempting to burglarize the house. In the case of anyone else innocently being injured by it, sure, sue the guy's pants off. It's foolish to set one of those traps. If an innocent person is hurt or killed, charge him as if he held the gun and did the deed personally. Just prevent the bad guy from collecting an award from the stupid guy.

 

[beerslurpy]

Until the US military stops using mechanical ambushes (land mines and similar), why should the civilian population be held to a higher standard?

 

[molonlabe]

Eh.... Mines are used in warfare... So people should be at war with each other? Sorry I see a difference.

 

[beerslurpy]

If a booby-trap harms an innocent person, the owner should be held responsible as if he had pulled the trigger himself.

Applying that same principle to an intruder whom I could lawfully kill, I dont see how it suddenly becomes unlawful when you dont personally pull the trigger.

edit:
In Florida, effective October 1, there is
(a) no duty to retreat from a violent intruder in ones home nor within the curtilage of ones home
(b) a presumption of violent intent when an intruder enters a home

So when someone intrudes into your domicile, you may legally shoot them dead with no warning and not further justification beyond their prescence. I dont see how relying on an automated device to make this determination changes the underlying principles beyond the fact that you have to take responsibility for any unlawful activity your device engages in.

 

[Kurush]

If a booby-trap harms an innocent person, the owner should be held responsible as if he had pulled the trigger himself.

Applying that same principle to an intruder whom I could lawfully kill, I dont see how it suddenly becomes unlawful when you dont personally pull the trigger.

Because you're basically setting up a jury-rigged antipersonnel mine. The mine is illegal per se. The FL statute doesn't apply because the mine isn't defending anything, it's just killing whatever sets it off. If someone sets one of these up and it kills an emergency responder they should expect to be sentenced to death.

 

[beerslurpy]

What business would an emergency responder have on my property if I didnt summon him there myself? I'm smelling 4th amendment violations here.

 

[Car Knocker]

So if you are away from home and a neighbor sees smoke coming from your house and calls the fire dept, then the FD should just watch from the road as your house burns down because you aren't there to invite them onto your property? Is that what you're saying?

 

[molonlabe]

I think if you read the account he was not even at the residence. But bottom line he will do more time than the burglar.

 

[beerslurpy]

That is an interesting question. I suppose if you had erected physical barriers around your property (to prevent people from accidentally triggering your mines) and posted warnings, that the fire department would have let it burn or risk being maimed or killed. When one erects sturdy fences around ones property (as the wealthy often do), how does the fire department gain entry without permission of the owner? Oh right, they dont.

The fire department doesnt wander onto military bases or the estates of the wealthy without permission, so I dont see why the domiciles of private individuals should deserve any less legal protection.

Surely you dont propose that the sovereignty of the wealthy and powerful over their property has some different legal basis than that of an ordinary private citizen? Or does might make right where property rights are concerned?

 

[The Real Hawkeye]

Hypothetical: Sword wielding raving lunatic murderer breaks down front door of a residential house. Father tells his wife and kids to get into the basement, and then he enters. At the basement door is a shotgun that he always keeps loaded. He quickly rigs it to go off at the door with a piece of string and some tape the moment the door is forced open, then he herds wife and kids to the back exist of the basement. Before they can get the lock to that back basement door open, they hear crash (the door breaking in) and then boom, the gun going off. Father looks back and sees the lunatic sprawled out on the basement steps covered in blood, dead as a door nail. Any crime committed by dad? Should there be?

 

[GunGoBoom]

BS, I like the way you think - I'm gonna have to ponder that one a bit.

 

[Rockstar]

Hawkeye: Yeah, there was a crime commtted in your hypotheical: Father with I.Q. lower than field mouse's permitted to live under same roof with wife and kids.