R.Childs Brentfoto,
I really hate to sound like a broken record but you haven't addressed the questions I raised in a previous post.
How was the homeowner supposed to know he was drunk?
Somebody making a ruckus at 3:00 a.m. is likely drunk. Homeowner also should've observed the suspect BEFORE leaving his house. I want to amend that statement. He never should've left the house in the first place. Barring someone actually attempting to break into the house, a window, etc., I just don't see the need for it (presentment of deadly force). It's not very bright, imo.
How was the homeowner supposed to know he was 23?(Which doesn't matter)
23 year olds are prone to folly. Again, observation and experience.
How was the homeowner supposed to know he was unarmed?
Observation. I would've called the cops pretty quick and kept my eye on the poor kid until the cops arrived. I never would've left the house.
We don't yet know what the facts are so I am addressing this in general terms, giving general advice, that in my view, might help those who are prone to pulling out a gun on someone (trigger-happy) or harbor some masochistic proclivity to want to go through potential criminal liabilty and financial ruin from a wrongful death lawsuit.
You are looking at this whole thing after having the luxury of reading about it and then forming an opinion after the fact. The homeowner knew none of this at the time. All he knew was a trespasser on his property was advancing on him after being warned not to. Again I ask, what would you do in this situation?
I'd call 911 and report a disturbance. Then the cops could've come and arrested him for drunken disorderly conduct. I'd have my shotgun by my side, my kids locked in a room, and I'd STAY INSIDE! You don't kill the guy. Drunks are easily provoked. By going outside with the gun you're only making the situation worse. That's a 'bad' judgment call...
I ain't no STUPID MACHO FOOL.
BASIC POINT: Stay in the house! Discretion is the better part of valor! No reason to go outside unless you want to kill someone over something relatively trivial. Why expose oneself to further danger by throwing away whatever 'cover' you had by remaining in the house? YOU could get shot by that person or some off-duty cop in the vicinity. I simply don't see the need.
Though we do not have all the true facts, it's likely the killing could've been avoided by the guy staying inside and not escalating the situation. If one does not see how going outside with a pointed loaded gun does not escalate, and can't agree with it as being so, there's no point in further discourse.
(btw, I don't have any kids. They 'bug' and 'irritate' me.
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