hangglider
Moderator
I'm surprised about this outcome. An idiot kid in a car or truck trying to steal something from a neighbor does not rise to the level of clear and imminent danger of serious injury or death. Things are just things.
They arrested him for property damage since they couldn't prove he was trying to get into my house. That seemed pretty obvious to me, but apparently the law favors the criminal.
TexasJustice7, people responding in the manner you just described have shot: their own child, who forgot a house key and tried to sneak in via window; the new neighbor they hadn't met, who got dropped off one or two houses off by his buddies after a night at the bar and thought he was breaking into his own home; thirteen year old burglars; etc.
Advice like yours, if acted upon, might not get people indicted; however, it has good odds of making them the victims of their own consciences for life.
Mleake: I know people who have had drunks show up at the wrong house. I know a guy who dropped a drunk off at a wrong house - a third party gave him a dyslexic address. I know diabetics who get lost and act very strange when low blood sugar strikes.
TexasJustice7 would not visually "identify" any of these. Shooting without warning could lead to some nasty nightmares. At least in his Vietnam Nam example, people were actually trying to harm him.
It is entirely possible he has a checklist of things he would look for, to help him decide whether to shoot. He hasn't described such, though - he has just said he can shoot, because he is in Texas...
MikeLeake: TexasJustice7, for the past several years I lived in FL and then GA. Full Castle Doctrine, Stand Your Ground states. Laws are fairly similar to Texas law, with some exceptions - I would not advise shooting to recover property, for example.
What the law allows and what the conscience will tolerate are not always aligned.
You just said you had no checklist, but then you said your only point of entry was a heavily (by which I assume you mean multiple locks) deadbolted door. That is a checklist of sorts: is this person using brute force on what is obviously the wrong door?
You then added another factor - you have a disabled child behind you, so a safe retreat may not be feasible.
So whether you realized it or not, you have been checking a list.
LOL, the law does not favor the criminal. I am not sure why you thought it was obvious that the drunk was trying to get inside. All you know is that he broke your window and that he was milling about around your car. You said it yourself that you had no indication that the guy was trying to open the door.
If the police arrive to see a naked MWAG, they'll shoot him just on principle. (I almost don't blame them )Third, the police might be a bit unsettled by a naked man with a gun, when they arrive.
I know it's important to ID and warn before shooting--but I believe a moment's hesitation, along with the ruthless nature of these gangs--and you are likely going to be dead.
You can train yourself to talk while drawing - a few words might keep you from having to shoot.
[... but apparently the law favors the criminal./QUOTE]
I realize it may seem that way, however I believe it is intended to favor the citizen ... one is inocent until proven, in a court of law, guilty. I do not think anone is a criminal until a court of competent jurisdiction adjudicates them a criminal, no matter how much one 'Knows' the person is guilty.
These guys bang the back door in and rush in fast because the rip-off depends on being in and out before the police respond. My feeling is that I have mere seconds to grab a weapon before they're on me--my inclination is to shoot first and ask questions later since they generally hit in groups of 6 or so to clean the house out as quickly as possible. I know it's important to ID and warn before shooting--but I believe a moment's hesitation, along with the ruthless nature of these gangs--and you are likely going to be dead.