Home invader shot and killed in Kentucky but charges possibly filled

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Is this what you're talking about?: http://www.kentucky.com/mld/kentucky/news/state/13149167.htm

This seems pretty clear-cut and justifiable. Subsequent investigation must have changed the picture somewhat if charges are forthcoming. Shooting an intruder ascending the stairs in the middle of the night would not be a crime in Kentucky. There is no obligation here to retreat outside the house, let alone inside it.
 
  • Burglary of an occupied dwelling is not the act of a rational mind.
  • Failing to leave via an unobstructed exit when confronted by an armed homeowner is not rational either.
  • Failing to heed commands while at gunpoint indicates a disregard for personal danger.
  • Trying to argue the homeowner out of shooting (instead of fleeing) is a danger signal.
  • Agressive words to the homeowner in any manner indicates hostility.
  • Approaching an armed homeowner while at gunpoint shows a lack of fear (or brains).

Thus...
An irrational man in my home, refusing to leave, possibly argumentative and hostile, displaying a disregard for his own personal safety and approaching an armed person without obvious fear of the firearm is an immediate and dangerous threat to myself and my family.

Nothing in the law that I've read says I need believe the words of an irrational person comitting a felony in my presence (1st degree burglary). And even most states that require a "retreat" option include a phrase that says "safely retreat" -- which is not an option if I am between him and my children's bedrooms.

More over, the person committing said felony is within close proximity of my person and undeterred by the threat of lethal force. If I cannot dissuade him with the threat of being killed, nothing I can say is likely to save myself or my family.

Thus I am left with only one, viable and logical option.
 
I'm from Kentucky and I still don't understand our laws governing self-defense. The law clearly states that if your life is in danger you may use deadly force to protect yourself. But in every case I hear about in Kentucky the homeowner is arrested and has to go before the grand jury and spend thousands of dollars in attorney fees just to get out of it.
 
Intruder

BGRG

Some jurisdictions are required to look into any homocide for whatever reason, even a negligent homocide. it doesn't mean the homeowner is being charged with anything. That jurisdiction must examine all the evidence. For example, was the intruder someone who regularly visited that home and was the intruder known to someone in that home other than the actual shooter. Did he have a right to be there at that time. Only then if the prosecutor calls for a grand jury and if it goes to a grand jury does the homeowner have anything to worry about.

From the facts you described here the homeowner has little to worry about. This is the classic instance of self - defense. HO issued a warning, the killing ocurred in the home and the homeowner shot in self - defense. Keep us informed of what happens.

I live in New Jersey. Two weeks ago a homeowner came home, opened his door to find two burglars in his apartment. HO pick up a knife and stabs one BG in the leg as BG is exiting through a window. BG bleeds to death. NO TEARS HERE. The Monmouth County prosecutor had an obligation to investigate claiming the BG was exiting the apartment.
 
Hayley, thats the one. I live about 10 miles from there. I have learned that the intruder lived in the house many years ago and I believe lived just a few blocks or miles from this house, and was pretty much a really good person, he graduated college with engineering degrees, i think he was in the armed forces and was an actor that had been on the tv show Alias. As of right know they have no idea why he entered the house.
 
An irrational man in my home, refusing to leave, possibly argumentative and hostile, displaying a disregard for his own personal safety and approaching an armed person without obvious fear of the firearm is an immediate and dangerous threat to myself and my family.
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Agreed. Time to (re)act aggressivly and decisively.


Anyone notice the use of "alleged intruder" in news article. WTH?
 
they have to use alleged till he is convicted......probaly the policy at the paper put in by some lawyer.

I would be scared for my life if I had a firearm and told a guy to get out of my house and he kept coming. Most rational people, especially a criminal usually flee when threatened with shooting. law abiding/rational citizens dont break into houses around midnight.
 
I am from KY and I have my CCW. I am sitting here with my CCW training manual beside me now. This is what it says.

KRS 503.050 Use of physical force in self-protection states:
The use of deadly physical force by a defendant is justifible only when the defendant believes that such force is necessary to protect himself against death, serious physical injury, kidnapping, or sexual intercourse compelled by force or threat.

Yes I WILL protect myself and I may have to go to court but I agree it's better to be judged by 12 than carried by 6.

For more information, check out the link below.


http://www.kc3.com/kyccw/ccw_home.htm
 
Court and lawyers are sooo..... expensive. Just think how many shot guns you could buy with that money. It's just not fair, is it? My wife and my other family are from Ky........the Meade and Breckenridge County areas.
 
Getting your KY CCW is certainly a good idea (my wife and I both have ours), but remember KY is an open-carry state, so technically it isn't necessary. Of course, that depends greatly on how much harassment you're willing to put up with (depending on where in NE KY you live...)
 
..unless there is some tangible circumstance..there is NEVER a justification of breaking into a house
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That is a heck of a logic statement. I am not sure what you mean by tangible here, but the fact that you are saying there is NEVER a justification for breaking into a house unless there is justification is silly. Obviously, "NEVER" can't be used here since there are exceptions.

..if the homeowner indeed told the stranger to stop and he did not nor give an oral reponse to his actions..the homeowner did exactly the right thing...drill him in his tracks...if that is all there truly is to the story..that should be the end of the matter...
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Of course if the story given is true, then there would be no reason to files charges. The idea that they may be filing charges would seem to indicate that there is more to this story that is being provided.

Does anyone have an actual link to the story? I know there is one link here about an incident in Lexington, but I could not determine if it was the same story brgr was describing.
 
Kentucky is a great place for 2nd Amend. rights

Howdy!

My wife and I both have our CCW. In our profession (homesellers), we get targeted by the crazies. Every year there are lots of Realtors that are mugged, robbed, raped and murdered.

My children will also get their CCW soon.

Be safe!

Homeseller
Northern Kentucky
 
Something else to remember is that Kentucky has a CASTLE LAW....
In other words, there is no requirement there to back up, retreat or leave your home like some states (WV and NJ).
If you beleive your life is endangered you have the legal right to fight back including lethal force.
So even if the home intruder was a drunken Andy Griffith , I really doubt the home owner will go to trial.
In WV, a cousin of mine got his ass shot off by a homeowner he was trying to rob. The homeowner gave him first aid and called 911. When my scumbag cousin woke up in the hospital he hired an attorney to sue.
That doesn't generally happen in states with Castle Laws.....
Which is why we are trying to get one in WV now....

The only way the homeowner would be in real trouble (in my experience) would be if he lied to the police, tampered with evidence or was up to some form of chicanery. If his story is straight up true, he has little to worry about, except the bereived moron's family decides to file a civil suit or something...
 
no civil suit yet

the family hasn't filed a civil suit yet as far as I know, But the intruders brother has been arrested from what I have heard, he went to the homeowners house and threatened him. This is something I heard but since a small community I'm sure that it is probably true. The story was in the local paper here The Daily Independent in Ashland, Ky
 
But the intruders brother has been arrested from what I have heard, he went to the homeowners house and threatened him.
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That's right...HOW DARE someone in fear of their life and the lives of their family, in their own home, defend him/herself?

Why the nerve! :rolleyes:


:barf:
 
Like the others have said, there's not enough info here for anyone to make a determination. After being in law enforcement for several years, I can tell you that what you hear from the media is usually just the tip of the iceberg. You also have to remember, anytime there is a homicide, whether it is a justifiable homicide or not, the case has to be presented to the grand jury to rule on whether it should go to prosecution or not. This is for police officers as well. If a police officer has to kill someone in the line of duty, even if theres a clear video tape from a traffic stop of an officer shooting someone that was running at him firing with a gun, the case has to go before the grand jury for a ruling. I would imagine this is what the media was trying to get too, but like I said, there's limited info here.
 
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