Homeowner Shoots Would-Be Robber in Broad Daylight...No Charges Filed?

Status
Not open for further replies.
My entire point is that the act of someone allowing a would-be burglar to continuously knock, then beat, then run around to the back door and kick it 3-4 times on a door without at any time announcing "someone's here!!! go away!!!" seems to almost be bait-like in nature.
Click to expand...

Um, that's usually referred to as a "tactical advantage"
having the criminal NOT know where you are, or that you are armed.

The whole "I was ready for him! along with his hand turned sideways straight gangsta style when walking through the scenario again just kind of made me picture a home owner who was more angry about a break-in rather than being in fear for his life.
Click to expand...

If you are ever confronted by someone meaning to do you harm, anger, fear, are both triggers of the "fight or flight" mechanism.

BTW, please regale us with how you would have handled this situation?
 
Last edited:
One way to avoid being shot is to not kick in someone's door
and break into their home.

Some people find that offensive and threatening.
 
golfballshootr said:
The "kid", he chose to do a criminal act and at 17 years of age, he should be very cognitive of what's right and what's wrong. We were all disciplined on this principle growing up.
Click to expand...

Actually, golfballshootr, I am afraid I must call you out for assuming now. I really don't think the bolded part above is anything we can assume in today's society.
 
NavyLT, you have me there!! It just goes to prove that we cannot ASSume! I guess the more correct way would have been to say that, law abiding decent citizens, were taught that. My mistake there. :o
 
I think if the "Kid" really wanted to ensure the house was empty, he wouldn't just knock and if nobody answers break in. He'd take the time to learn when the owners weren't at home.

But that's the difference in a Burglar and a Thief, and not entirely relevant to the topic at hand.

I think the OP here is mostly trying to play Devil's Advocate, but I feel it's not working out the way he'd hoped.

His main issue seems to be shooting without warning the burglar. Saying a verbal warning could have sent the "Kid" on his way and nobody would have been injured.

I agree that Could be the result of such a warning.

However such actions could also result in:

The "Kid" pulling his own gun and firing at the homeowner.

The "Kid" going two blocks down the street and trying the same thing on an 86 year old lady unable to defend herself.

The "Kid" coming back a week later with a dozen friends all armed to get revenge.

The problem with speculation is there is no way to know what would/could/should have happened. The homeowner wasn't charged, nobody died, he's not being sued. I think issue is pretty much settled.
 
Man this topic's going so much better than on my local discussion board from GA. Lots of great info to digest.

The more I read, and the more I lean towards shooting an intruder much in the same manner as this home owner did. I just like to think things through, and analyze things after the fact which is a luxury that the home owner did not have.
 
I just like to think things through, and analyze things after the fact which is a luxury that the home owner did not have.
Click to expand...

And if someone pulls a home invasion on you, you won't have that luxury either, that is exactly why we train and prepare (something you found offensive earlier)

Had this man not done so, he might not have survived this invasion.
 
more than likely, they knew he was home.

it was probably "you go to the side door and knock"

"he'll come to that door and by that time, I'll be going
through the back door."

This is used all the time to distract and invade.

It happened to a friend of mine at work. His wife
goes to the side door to answer, the other perp
starts smashing in a low large window in the back.
 
Since this is the law section I'll ask this:

Is it justifiable to shoot someone simply for the fear of losing possessions, or does the threat of imminent danger to one self have to also be present?

I guess there's no way to prove/disprove if the home owner truly feared for his life, but even if he didn't and said so, would it still be a justifiable shoot?

The last line of the story leads me to believe that simply defending one's property is cause enough to shoot.
Click to expand...

Did you listen to the video...? The homeowner said it all, "I was scared" He was in fear for his life. He needs more range time though.

He went back to bed, then the felon started BEATING on the door and then ran to the back. Thats when the victim WENT AND GOT HIS GUN. He wasn't sitting there waiting for him, he had to go and retrieve it.

I just hope that the young man is scarred or scared enough from his wound(s) to instigate a career change.
 
rburch said:
I think the OP here is mostly trying to play Devil's Advocate, but I feel it's not working out the way he'd hoped.
Click to expand...

Ding! Ding! Ding!

Man you guys are pretty steadfast about not giving the criminal any slack. That's a good thing as in the end the home owner has his life and health. I do get that, really I do.

Here comes more devil's advocate for you:

The "Kid" coming back a week later with a dozen friends all armed to get revenge.
Click to expand...

...or the kid coming back because he has even more motivation to murder the home owner who shot him. Criminals' minds are hard to crack. This kid might be so scared now that he won't even think about committing crimes, or he might be even more motivated to retaliate against the home owner that shot him rather than deter him or even point a gun at him and give him verbal commands to vacate the premises.

If I'm the home owner I'm probably freaked out about the endless possibilities of retaliation from either the kid or his associates. Next time the homeowner might not have the security of being able to post up and watch through the glass as someone kicks his door down.

:)

The problem with speculation is there is no way to know what would/could/should have happened. The homeowner wasn't charged, nobody died, he's not being sued. I think issue is pretty much settled.
Click to expand...

Operative word here is "YET."

If an ambulance chaser lawyer saw that footage he just might contact the "victim" and see what he can do for him. Like someone said earlier the lawsuit doesn't even have to be a "success" nor does a jury have to side with the plaintiff to make the home owner suffer through hiring a lawyer, going to court which jeopardizes his job, etc. etc.

Sorry I know I'm arguing points, but I am playing devil's advocate. My initial, knew jerk reaction to the story was sort of shock and disbelief that the home owner matter-of-factly stated he stood with gun aimed at the intruder as he watched him kick the door down, then shot him.

Reading your replies, and most importantly reading the GA laws/statutes that were posted, has changed how I'd handle such a scenario. I'd probably do what the home owner did, but I sure would feel guilty and be freaked out about the prospect of revenge from the affected parties.
 
While the homeowner will need to be extra vigilant and alert,

I wonder if the three bullet wounds won't be enough of a
reminder for them to move on to somewhere else.

Some other house will be empty or if not, this punk and punkette
will prevail against an older less prepared victim who is at home.
 
If an ambulance chaser lawyer saw that footage he just might contact the "victim" and see what he can do for him. Like someone said earlier the lawsuit doesn't even have to be a "success" nor does a jury have to side with the plaintiff to make the home owner suffer through hiring a lawyer, going to court which jeopardizes his job, etc. etc
Click to expand...


NavyLT covered that earlier...





May I also point out the following Georgia statute:


§ 51-11-9. Immunity from civil liability for threat or use of force in defense of habitation

A person who is justified in threatening or using force against another under the provisions of Code Section 16-3-21, relating to the use of force in defense of self or others, Code Section 16-3-23, relating to the use of force in defense of a habitation, or Code Section 16-3-24, relating to the use of force in defense of property other than a habitation, has no duty to retreat from the use of such force and shall not be held liable to the person against whom the use of force was justified or to any person acting as an accomplice or assistant to such person in any civil action brought as a result of the threat or use of such force.
Click to expand...
Click to expand...
Click to expand...
That is why you will not find a case of a burglar winning any civil lawsuits against a homeowner.
Click to expand...

Not gonna happen in GA.
 
And if the homeowner merely shouts "Hey, go away!" and the poor befuddled child does so, then the problem has simply moved on down the road, literally.

Theorizing now, then the ne'er-do-well goes down the block, breaks into my wheel-chair bound granny's house and does unspeakable things to her.

Better that he is taken off of the streets by the homeowner for the sake of the entire neighborhood. Unless you think that telling him to go away would make him quit burgling altogether?
 
Outkast said:
And if someone pulls a home invasion on you, you won't have that luxury either, that is exactly why we train and prepare (something you found offensive earlier)
Click to expand...

But what sort of "training" does one do to handle such a situation? Do you mean mental preparedness as in determining what you do in a given situation? Evidently the homeowner didn't train if his best shot was in the thigh of the intruder.

I don't think there's a grand way to "train" for this type of scenario as it is a variable, ever-changing set of circumstances. I guess knowing your rights and the law of your state goes farther than trying to train for a break-in.

Had this man not done so, he might not have survived this invasion.
Click to expand...

Sure I'll agree there.

BUT!

He could have also easily alerted the intruder to his presence, the intruder could have bugged out, and everyone goes unscathed.

I see the pitfalls of this topic though - no matter what we all say here ultimately it's hard to have a concrete, "right or wrong" answer and in the end the guy is alive, a criminal is second guessing his life of crime, and thus far the home owner has not been charged with a crime.
 
He could have also easily alerted the intruder to his presence, the intruder could have bugged out, and everyone goes unscathed.
Click to expand...

True he may have, or he may have decided not to leave a witness, or he may have hit the house right next door next, or he may have just pretended to walk away and hideout and try again latter, and yes all of these things do happen.

We don't know what the young man was willing to do or capable of and judging by his actions so far I belive if you asked him he would surely lie. We only know what he did and the home owner was more than justified in his actions against him. He should be and feel only so lucky he kept his life over it.

He does not owe a criminal breaking and entering anything.

Play stupid games, win stupid prizes.
Click to expand...

Absolutly agree.
 
He does not owe a criminal breaking and entering anything.
Click to expand...

Who told you guys that?

There are injury cases filed all of the time by criminals who injure themselves committing crimes.

The easiest example is one where the property owner sets "traps," like trip-wire guns, or sharpened objects.

One criminal fell through a ceiling while trying to gain access through a crawl space.

We have members here who are lawyers. Ask them.
 
...or the kid coming back because he has even more motivation to murder the home owner who shot him.
Click to expand...
As previously was stated... Stupid should hurt! If he gives the above scenario a whirl, he may find that joe homeowner has honed his shooting skills while the punk, home invading criminal was in the hospital on our welfare tab!:D

As for training, this forum has a training and tactics section. As well as the Lock and Load: Live Fire Exercises section.

Many members here have much cash tied up in there training courses while others choose vicarious training by listening close to those who have... You can go from an hour at the range to several days of multi scenario instruction by highly qualified professionals.

Personally, I lived a quite wild (but fun) younger life and realized very early on that I may one day need to defend the health of my loved ones and myself.

I did the "reflecting" on what I must be prepared for and from there I shot my firearms until they felt like I could hit my mark in the dark every time...

Then making my home secure and myself more familiar than any one else with my surroundings rounds it out.

Tourist, Here in Fla, I am at higher risk of injury or wrongful death suit if I am not home and the BG gets hurt or killed at my home than if I shoot him dead... If I perform a "clean shoot" under CD law than the perp nor his family can even expect one red copper clad pot metal penny.
Brent
 
But what sort of "training" does one do to handle such a situation? Do you mean mental preparedness as in determining what you do in a given situation?
Click to expand...

Mental prep, situational awareness, keeping your firearm within quick reach, and thinking out possible scenarios that might occur in your home are all key to being able to react when faced with an instant threat.

For instance, I live in a typical "ranch" style home, 1 front door, 1 back door that must be entered thru an attached garage. My son (19) and I live here. We are both proficient with handguns,EBR's shotguns, and HTH if necessary.

We have "thought out" scenarios for an invasion type event from many angles, how we could react, and even have "code words" for variations on the theme. Certainly this type of situation is going to be "dynamic" and plans may change accordingly. But, having a plan puts you at better odds than simply reading and knowing the law, and will give you at least "some" advantage. Also, practice FOF drills within your home with airsoft...you might be amazed how you will react.
 
Status
Not open for further replies.
Back
Top