Page 3 of 31 FirstFirst 12345613 ... LastLast
Results 21 to 30 of 303
  1. #21
    Platinum Member MF1433V's Avatar
    Join Date
    Nov 2012
    Posts
    842
    Location
    East Coast
    Tractor
    Massey Ferguson 1433V

    Default Re: Here is what not to do or say if you shoot a burglar...geeez !

    Quote Originally Posted by Tomtint View Post
    If I did that as a kid and the homeowner did not get me..My parents would have finished the job. If there are no consequences for illegal behavior, there is no reason for thugs to think twice. If my kid was one of the deadbeats that BROKE INTO THE MANS HOME, what ever the end result was......they put themselves into a position they had better be ready to pay the price for. I have no sympathy for them
    Yes we know who you are...you already made that clear.

  2. #22
    Elite Member
    Join Date
    Jan 2010
    Posts
    3,461
    Location
    Oklahoma
    Tractor
    JD cut

    Default Re: Here is what not to do or say if you shoot a burglar...geeez !

    Quote Originally Posted by rekees4300 View Post
    +1 Agree ... they deserved what they got. Break into a home, all bets are off!
    That may be how you feel, but that certainly ain't the law in Oklahoma.

    For almost identical circumstances, read about the pharmacist Ersland now doing time for murder:
    Oklahoma pharmacist files appeal of murder conviction | NewsOK.com

    Ersland's statements indicated he actually thought he was a hero after the shooting. If you are the shooter and you say "they deserved what they got", that statement can be used against you.

    I know others on this forum believe you should call 911 and keep talking until the police arrive. But the new appellate lawyer for Ersland advises that you simply call 911, give them the address, tell them there has been a shooting, hang up, and SHUT UP.

  3. #23
    Veteran Member
    Join Date
    Jul 2010
    Posts
    1,256

    Default Re: Here is what not to do or say if you shoot a burglar...geeez !

    I don't know all the circumstances, but seems like he was bragging to me. I might have done the same thing if I felt threatened in my home, but I would not be bragging about it. A simple call to police and lawyer would suffice.
    2007 Kubota L3130, LA723 FEL
    Land Pride FDR1672 rear finish mower, Frontier RB1172, Koyker KB60 BH
    Pallet forks, Golf cart canopy bolted to ROPS, 9" & 12" PHD

  4. #24
    Elite Member rekees4300's Avatar
    Join Date
    Feb 2010
    Posts
    2,796
    Location
    Indiana
    Tractor
    JD4300 HST 4WD

    Default Re: Here is what not to do or say if you shoot a burglar...geeez !

    Quote Originally Posted by greasemonkeyok View Post
    That may be how you feel, but that certainly ain't the law in Oklahoma.
    Yes how one feels doesn't matter. All that matters is the law and the facts of each case. Laws vary widely from state to state so it is important to know your laws.

    Indiana
    IC 35-41-3-2
    (d) A person:
    (1) is justified in using reasonable force, including deadly force, against any other person; and
    (2) does not have a duty to retreat;
    if the person reasonably believes that the force is necessary to prevent or terminate the other person's unlawful entry of or attack on the person's dwelling, curtilage, or occupied motor vehicle.

  5. #25
    TMR
    TMR is offline
    Gold Member
    Join Date
    Sep 2010
    Posts
    283
    Location
    Two Harbors, MN

    Default Re: Here is what not to do or say if you shoot a burglar...geeez !

    "Reasonable Force"?

    He went to the basement and got two guns (Mini 14?) and a 22 pistol) and waited for them to come down the stairs. He shot the first one, a 16-17 year old male, as he came down stairs and he then fell down the stairs...he then shot him again a number of times in the face as he laid on the basement floor. He then dragged the first victim into another room.

    After a few minutes the second intruder, the 16-17 year old girl, also came down the stairs...he also shot her and she tumbled down the stairs. His first gun (Mini 14) jammed and he took out his pistol and shot her a number of times in the chest. He then dragged the second person into the room along side the first...she was still struggling to breath so he put the pistol under her chin and shot into her brain. He called it a "clean kill shot". No mention in any reporting yet that the two teens had any type of weapon.

    He then left them there until the next day...when he called a neighbor.

    In essence he executed both teens after he a shot them and they fell down the stairs to the basement floor. While Minnesota law allows reasonable force I think he is in deep trouble and will spend a long time in jail. If he had stopped after they were first shot and on the ground and subdued he would possibly have been OK under the law...but when he shot the girl three different times...1) as she came down the stairs...2) changed guns and shot her multiple times in the chest as she laid on the basement floor...and 3) then again a "kill" shot delivered under the chin when he could hear her still trying to breathe...hard to say that is "reasonable" force. At least for any "reasonable" person.

    We live in the country and I can see where I would defend my house and wife if someone broke in and it may result in death...but once he was able to clearly see they were no threat...his right to defend ended and he had NO right to execute.

    BTW...my wife graduated with the shooter's one year older older brother and my BIL was very good friends throughout his school years with the shooter...hasn't had any contact since high school. Tragic event for ALL involved and our society.

  6. #26
    Platinum Member
    Join Date
    Apr 2011
    Posts
    926
    Location
    Boston
    Tractor
    L3700SU

    Default Re: Here is what not to do or say if you shoot a burglar...geeez !

    Sounds like reasonable force to me. First guy down the stairs, shot and not dead yet. Maybe he had a weapon and the guy has no way of knowing. This requires a second and maybe a third shot to confirm. Someone coming down the stairs after hearing gun shots....they MUST be armed !...this person also needs to be stopped at all costs. As far as not calling the cops, the homeowner was clearly in a state of shock and was in fear for his life...not knowing if there may be a third fourth even a fifth burglar in his home......totally justified.

  7. #27
    TMR
    TMR is offline
    Gold Member
    Join Date
    Sep 2010
    Posts
    283
    Location
    Two Harbors, MN

    Default Re: Here is what not to do or say if you shoot a burglar...geeez !

    Quote Originally Posted by Tomtint View Post
    Sounds like reasonable force to me. First guy down the stairs, shot and not dead yet. Maybe he had a weapon and the guy has no way of knowing. This requires a second and maybe a third shot to confirm. Someone coming down the stairs after hearing gun shots....they MUST be armed !...this person also needs to be stopped at all costs. As far as not calling the cops, the homeowner was clearly in a state of shock and was in fear for his life...not knowing if there may be a third fourth even a fifth burglar in his home......totally justified.
    How could he possibly be still in fear for his life as the girl had been shot multiple times in the chest and he dragged her body into the next room and had to put his pistol under her chin and shot her again as he could hear her still trying to breath. That was an execution which is not permitted under Minnesota law...I trust the eventual jury will have zero problem determining that the shooter went WAY beyond reasonable.

    If he had stopped after he had each subdued and called the police and ambulance he likely would have been OK. If it had been your daughter would you still feel she deserved to be executed with a third shooting AFTER he had shot her two different times with two different guns AND after he had dragged her very wounded body into the next room to place it along side the dead boy???

  8. #28
    Super Member dave1949's Avatar
    Join Date
    Apr 2009
    Posts
    9,010
    Location
    Industry, Maine
    Tractor
    New Holland TC40

    Default Re: Here is what not to do or say if you shoot a burglar...geeez !

    This article is from a local paper.
    Little Falls mourns teen cousin shooting victims, Kifer and Brady - Montevideo, MN - Montevideo American-News - Montevideo, MN

    Sad case. These were small town (8,000) kids out on a lark, maybe not their first, but they were not hardened criminals or gang bangers. Junior and Senior in high school, active in athletics, had friends. Somehow, they got off on the wrong path, that is obvious. The homeowner had no local criminal history and is an apparent up-standing citizen.

    In this particular case, I would have to say two kids are dead, and man is going to jail due to a misuse of lethal force.

    Using lethal force, with a gun or otherwise, carries the moral responsibility for judgement on when to use lethal force because you don't get a do-over with death. Castle Doctrine and Stand Your Ground-type laws basically say that no such judgement is required to be proven or possessed. While I have no problem with defending oneself, I think it is fundamentally wrong to throw an expectation of judgement out the window.

    Holding a lethal weapon should not absolve one of the reasonable requirement to have and apply judgement consistent with societies expectations. That is why this guy is in jail, his actions did not meet societies expectations.
    "Those were the days my friend, we thought they'd never end ..."

  9. #29
    Platinum Member
    Join Date
    Apr 2011
    Posts
    926
    Location
    Boston
    Tractor
    L3700SU

    Default Re: Here is what not to do or say if you shoot a burglar...geeez !

    If it was your daughters house that was broken into...would you want to be certain they were not a threat any longer

  10. #30
    Platinum Member jefwyn's Avatar
    Join Date
    Mar 2012
    Posts
    535
    Location
    Western NY
    Tractor
    Mahindra 3616 hst cab

    Default Re: Here is what not to do or say if you shoot a burglar...geeez !

    Quote Originally Posted by Tomtint View Post
    If it was your daughters house that was broken into...would you want to be certain they were not a threat any longer
    Don't you think he was certain when he was dragging her to another room?

Page 3 of 31 FirstFirst 12345613 ... LastLast

Similar Threads

  1. Homeowner shoots would-be burglar
    By Willl in forum Rural Living
    Replies: 0
    Last Post: 02-17-2012, 06:24 PM
  2. How much land do you need to shoot?
    By twarr1 in forum Rural Living
    Replies: 36
    Last Post: 08-16-2009, 05:30 PM
  3. About to shoot my computer!
    By WTA in forum Rural Living
    Replies: 32
    Last Post: 12-04-2007, 06:48 PM
  4. Don't shoot from the hips
    By daedong in forum Buying/Pricing/Comparisons
    Replies: 19
    Last Post: 09-05-2004, 09:11 PM

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  
© 2013 TractorByNet.com. TractorByNet is a registered trademark of IMC Digital Universe, Inc. Other trademarks on this page are the property of their respective owners.