In a bizarre twist, judge who shot/killed burglar sentences man who shot/killed burglar...

Discussion in 'The Study' started by Bill Mattocks, Oct 16, 2010.

  1. Bill Mattocks

    Bill Mattocks Sr. Grandmaster

    • Martial Talk Alumni
    Joined:
    Feb 8, 2009
    Messages:
    14,587
    Likes Received:
    2,595
    Trophy Points:
    263
    Location:
    Michigan
    This is bizarre...

    http://chronicle.augusta.com/news/c...eives-light-sentence-shooting-killing-burglar

    What's the difference between the judge's shooting and killing a burglar and this man?


     
  2. Bruno@MT

    Bruno@MT Senior Master

    Joined:
    Feb 24, 2009
    Messages:
    3,399
    Likes Received:
    73
    Trophy Points:
    108
    The sentencing was warranted though. No self defense or defense of a 3d party was involved and he was not even in the house at first. He took it upon himself to intervene. As admirable as it is, he should have been aware of the legal implications.
     
  3. Archangel M

    Archangel M Senior Master

    Joined:
    Dec 5, 2007
    Messages:
    4,555
    Likes Received:
    154
    Trophy Points:
    173
    Most of the "shoot a burglar and go to prison" horror stories have a lot more to the story than what is shown on the news. Like in this guys case.
     
  4. Andy Moynihan

    Andy Moynihan Senior Master

    • MartialTalk Mentor
    Joined:
    Jun 9, 2006
    Messages:
    3,692
    Likes Received:
    174
    Trophy Points:
    173
    Location:
    People's Banana Republic of Massachusettstan, Disu
    I've gotta go with Bruno and Arch.

    If what I'm reading is true, there was no A-O-J until the *shooter* exposed himself to them by trespassing onto the property to confront the thief, therefore the *shooter* willingly created the dangerous situation to himself, and for a self-defense claim to hold water, you've got to show as much as you can that every point on the "decision tree" that led to the use of force was HIS decision, not yours.

    Now if he'd seen the thief threatening someone ELSE'S life in the house, that might be different. As it was, a call to the police would probably have bagged him in time, if ransacking the house was all he was up to.
     
  5. Deaf Smith

    Deaf Smith Master of Arts

    Joined:
    Apr 25, 2008
    Messages:
    1,722
    Likes Received:
    85
    Trophy Points:
    73
    Thank God I live in Texas with the Castle Doctrine!

    Deaf
     
  6. d1jinx

    d1jinx Master Black Belt

    Joined:
    Jun 13, 2009
    Messages:
    1,390
    Likes Received:
    17
    Trophy Points:
    63
    Location:
    all-ova
    THE BIGGEST THING I MISS ABOUT TEXAS!!!!!!!!!!!!!!!!!!

    now I live in the COMMUN(ist)-WEALTH of NEW JERSEY.....

    and all my toys are feeling seperation anxioty because I'm here and they are there......
     
  7. Carol

    Carol Crazy like a...

    • MartialTalk Mentor
    • LifeTime Supporting Member
    • Martial Talk Alumni
    Joined:
    Jan 16, 2006
    Messages:
    20,311
    Likes Received:
    540
    Trophy Points:
    248
    Location:
    NH
    Georgia -- where this incident took place -- has a Castle Doctrine too, enacted 2006.

    Both are clear about being able to stand your ground when in your own home.

    Neither of them indicate that you are clear to enter someone else's home with the express purpose of confronting a burglar, confronting said burglar, and then shooting the burglar.
     
  8. Bruno@MT

    Bruno@MT Senior Master

    Joined:
    Feb 24, 2009
    Messages:
    3,399
    Likes Received:
    73
    Trophy Points:
    108
    This has NOTHING to do with castle doctrine. Castle doctrine allows you to stand your ground. It most certainly does NOT give you the right to enter other peoples homes to intervene in a situation that is not threatening to other people. Castle doctrine does not make you judge Dredd.
    You might want to read up on the law before you actually start using your gun.
     
    Last edited: Oct 20, 2010
  9. Deaf Smith

    Deaf Smith Master of Arts

    Joined:
    Apr 25, 2008
    Messages:
    1,722
    Likes Received:
    85
    Trophy Points:
    73

    At least in Texas there is a section on defense of OTHERS life or property. In this case the attacker ran toward a female friend who, I presume, felt her life was in danger. Teaching CHL classes does give you some idea of the laws, at least in Texas.

    9.33. DEFENSE OF THIRD PERSON

    9.33. DEFENSE OF THIRD PERSON. A person is justified in
    using force or deadly force against another to protect a third
    person if:
    (1) under the circumstances as the actor reasonably
    believes them to be, the actor would be justified under Section 9.31
    or 9.32 in using force or deadly force to protect himself against
    the unlawful force or unlawful deadly force he reasonably believes
    to be threatening the third person he seeks to protect; and
    (2) the actor reasonably believes that his
    intervention is immediately necessary to protect the third person.

    Deaf
     
  10. Bruno@MT

    Bruno@MT Senior Master

    Joined:
    Feb 24, 2009
    Messages:
    3,399
    Likes Received:
    73
    Trophy Points:
    108
    Yes. But none of that quote mentions property. It only mentions protection of a third party. Since he had already established that noone was at home, he would not get any protection from 9.33 either.
     
  11. Kurai

    Kurai Green Belt

    Joined:
    Mar 11, 2009
    Messages:
    125
    Likes Received:
    24
    Trophy Points:
    18
    He had time enough to call the homeowner. Why didn't he call the cops immediately following?
     
  12. Carol

    Carol Crazy like a...

    • MartialTalk Mentor
    • LifeTime Supporting Member
    • Martial Talk Alumni
    Joined:
    Jan 16, 2006
    Messages:
    20,311
    Likes Received:
    540
    Trophy Points:
    248
    Location:
    NH
    Machismo? :idunno:

    By establishing the homeowner was not home, he also established that the homeowner was safe from the threat.
     
  13. Cryozombie

    Cryozombie Grandmaster

    • Martial Talk Alumni
    Joined:
    Feb 11, 2003
    Messages:
    9,998
    Likes Received:
    206
    Trophy Points:
    173
    The ONLY thing I could see with this, IMO:

    Guy confronted Burglar. If the Burglar attacked him, I would veiw that as mutual combatants, and don't think the guy would/should get protection under the law.

    BUT

    If the guy confronted him and the guy attacked the woman instead, I could see justification in then protecting her: she didn't initiate confrontation or attempt participation. (as far as I know, anyhow)

    Thats the ONLY saving grace I'd give this guy.123
     

Share This Page