Amazing that the victim has not been charged...

[Bill Mattocks]

Frankly, my opinion on this is that the victim made several serious errors in judgment, not to mention possibly breaking several laws, and I'm rather surprised that this ended as well as it did for him. Glad the bad guy got caught, etc, but dang, this guy could have gotten himself snuffed and/or found himself arrested for some of his actions. You be the judge:

http://www.wave3.com/Global/story.asp?S=11624992

Homeowner fights back against would-be robber

Posted: Dec 04, 2009 9:51 PM <em class=&quot;wnDate&quot;>Friday, December 4, 2009 9:51 PM EST</em> Updated: Dec 05, 2009 3:08 PM
By Shayla Reaves - bio | email
LOUISVILLE, KY (WAVE) - A homeowner stopped a would-be burglar in his tracks Friday afternoon as he tried to break into his home on Fort Street near Warnock.
A nap interrupted put Josh Dewitt on alert He was awakened by a strange sound at the window late on the afternoon of Dec. 5. He looked outside to see a man he didn't know trying to get inside.
This wasn't the first time Dewitt's home had been targeted by burglars: someone stole the air conditioner just before Thanksgiving. That was enough to keep the family on edge, so Dewitt used 15 years of martial arts training - and a gun - to use to stop it.

 

[Cryozombie]

Yeah, that guy made a lot of stupid mistakes.

 

[TKDHomeSchooler]

His first mistake was faulty equipment. If your weapon works the first time then you don't' have the opportunity to make the poor choice of chasing them in to another house.

Once they left his property he should have stopped and made sure that shoe left behind stayed where it was for the Police. Chasing them down puts him in some other environment than his own, plus at that point it can be argued that he had time to think and stop, so it may be considered premeditated assault.

But the whole thing should have ended here,

and I popped one off at him

 

[Bill Mattocks]

His first mistake was faulty equipment. If your weapon works the first time then you don't' have the opportunity to make the poor choice of chasing them in to another house.

I think his first mistake was exiting his house to 'pop one off at him'. I do not know what the self-defense laws in Kentucky are, but in most places, that would be a no-no. Shooting a person who had broken into your house while they were in there would generally be OK.

I agree that one must keep their weapon in proper condition. Another reason I prefer a revolver for home defense, but that's for another thread, eh?

Once they left his property he should have stopped and made sure that shoe left behind stayed where it was for the Police. Chasing them down puts him in some other environment than his own, plus at that point it can be argued that he had time to think and stop, so it may be considered premeditated assault.

I agree, but for slightly different reasons. Once the would-be burglar had fled, there was no longer any need for self-defense. The crime the would-be burglar had committed at this point might not have even risen to the level of a felony, depending on laws in that area.

Not too mention that the victim states he went inside and put on clothes before resuming the 'chase'. Sorry, but it's hardly a 'chase' at that point. And kicking in the guy's door? Good way to get shot, not to mention that it could well be construed as B&E by the victim if the police decided to view it that way.

But the whole thing should have ended here,

If he had fired and killed the would-be burglar, I do not know if charges would have been filed against him, but in many jurisdictions, that's just not lawful self-defense.

EDIT: Here's another story, similar in nature. Victim was charged with Agg Assault.

http://www.ajc.com/news/dekalb/intruder-homeowner-face-charges-135533.html

The owner of the home in the 5400 block of Gadwell Circle is charged with aggravated assault because he shot the intruder outside his residence, said DeKalb Police spokeswoman Mekka Parish.

 

[TKDHomeSchooler]

I do not know what the self-defense laws in Kentucky are, but in most places, that would be a no-no.

EDIT: Here's another story, similar in nature. Victim was charged with Agg Assault.

http://www.ajc.com/news/dekalb/intruder-homeowner-face-charges-135533.html

I keep forgetting, I live in Texas. Things are different down here.

 

[Bill Mattocks]

I keep forgetting, I live in Texas. Things are different down here.

I am not indifferent to the notion that a person should be able to defend their own property (and perhaps a neighbor's by extension, as in the case you linked to) by means of deadly force.

However, I think it can be abused. I lived in Colorado when they first passed the law that became known as the 'Make my Day' law. There were several cases where the 'victim' was not prosecuted because they were covered under that law, even though there was some evidence that they had lured the 'burglar' into the house with intent to kill him.

It is a tricky thing, and of course laws vary from state to state. In my own judgment, I would not hesitate to defend myself with deadly force against a person who had broken into my house. I would not exit my house to shoot a person trying to break in. I think it's a bad choice tactically as well as as (perhaps) legally. Inside my house, I have the cover and concealment, I have the advantage. Outside my house, I do not know if Joe Badguy has friends with him, if they're armed, and etc.

 

[TKDHomeSchooler]

Outside my house, I do not know if Joe Badguy has friends with him, if they're armed, and etc.

Valid point.

Also, I never understood why CO named their Castle Doctrine "Make my day". That just seems like asking for trouble, IMO.

 

[Bill Mattocks]

Valid point.

Also, I never understood why CO named their Castle Doctrine "Make my day". That just seems like asking for trouble, IMO.

I think it was because Clint Eastwood was popular at that time, and President Ronald Reagan had used the line as well. Big hit. Like "Eat my shorts" and "Where's the beef" and so on. Just a popular tagline.

 

[MA-Caver]

The biggest mistake I saw (again) was his running after the burglar... again that is not our job but the LEO's job to track the guy down and bring him in.
I understand in the heat of the moment it's hard to just let it go but safety of self, others and home is tantamount to any "hey!... I got 'im!!"

Trying to pop off a round and having it misfire could've gotten him shot at had the other guy a gun himself.

Yeah, our gene pool needs a bit more tweaking.

 

[MattNinjaZX-14]

There should have never been any charges leveled against the homeowner or for protecting his neighbor's house.

The criminals should have rightfully been shot to death. It should not have mattered if he broke in the house or was seen leaving with the stolen items from the house.

There are plenty of innocent men in prison over that ridiculous law. Time to get tough on criminals.

To hell with the black panther party. They are nothing but a bunch of terrorists who approve of criminals breaking into people's homes and getting away with it while the innocent homeowner who defended his home is imprisoned.

Note: If you decide to break in somebody's home. Expect to get shot with no mercy.

It is very simple. DO NOT COMMIT A CRIME. How these people do not get it.