home owner shoots and kills home burglar should he be prosecuted? (dollars, gun owners)
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I had a situation where I was at home depot I left the store and a small truck followed me for about 5 miles. I took a few turns I don't normally turn then home I drove. He followed me to my house parked down the street. I thought maybe something fell off my truck. I got home ran into my bedroom got my .357 revolver. At this time I hear knocking at the door I still not sure maybe something fell off my truck I don't want to call the police. I open the door this man tells me he is looking for an address. His face has a lot of tattoos the kind you see from prison. He has those tear drop tattoos by his eyes which I have been told means that person has committed murder. I tell him I know he followed me from Home depot and he needs to leave my property and he can see me holding my cocked .357 Smith in my hand. I only held it down at my side ready to go if needed. He walked away fast got into his unmarked truck and took off. Have no idea to this day what he wanted but I think he wanted to try and gain access inside my home somehow. I called the police they came but I never got the license plate. I was little nervous for a few months he would return but never did.
He was on my porch I had no right to shoot unless he tried to push his way in my home I would have fired. In some states that is not justification to fire pushing ones way into a home.
You should have driven to a police station, not home.
NO. If you are in a house that is not yours, uninvited; and you are shot - the person who shot you should be held blameless for shooting - or anything else that happens to you.
There should be no need to hide or burn bodies. If someone is killed or injured by a homeowner after a break in, the homeowner (or resident) should be able to report this to the police and to be free of prosecution.
Perhaps their legal troubles had more to do with what they did with the bodies.
I think your confused with what I wrote it was referring to a home invasion in my state in 2012 where 2 men killed and burned the bodies of a retired doctor and his wife in a upscale part of town. Both men and others who later was discovered to be a small gang of people that also robbed other homes are now facing the death Penalty. I was making a statement that I would not want to end up like these people because I hesitated in firing my weapon to determine if a home invader was armed or was going to run when I surprised him. The more time you delay the more risk you have of the intruder being able to over power you and wrestle the firearm away.
You should have driven to a police station, not home.
Probably would have been best but on the last few turns I didn't see him so I thought he turned some other way then I saw him again when I pulled into my driveway. Now I keep a mosberg pump shotgun in my Garage just in case that way I don't have to go all the way inside my bedroom to retrieve a firearm now. It's always best to not let someone follow you to your home.
A co worker of mine said his neighbor shot and killed someone that came into his home while he was sleeping tried to rob him. The burglar came in during the day thought his neighbor was at work. The burglar wasn't armed the local DA isn't going to press charges. I don't think they would get a conviction anyway in my state of Arizona. If someone comes into a home to do wrong to me he knows the risk of getting killed. A few years ago 2 men entered a home tied up a retired doctor and his wife killed both of them burned their body's in a backyard. I think I would do the same and shoot the person in my home because if they get control over you end up like those old people. Have no idea what they are going to do I don't want to risk my family. Some of my co-workers have said the homeowner should have been prosecuted.
It sounds as if the burglar was just trespassing since they didn't pose a threat. The neighbor could have easily detained him and called the police. The neighbor should be prosecuted.
It sounds as if the burglar was just trespassing since they didn't pose a threat. The neighbor could have easily detained him and called the police. The neighbor should be prosecuted.
If the intruder forced entry then it is clearly burglary and not trespass. Even if he did not force entry, the line between third degree trespass and burglary is unclear.
ARS 13-408 provides a justification defense for the use of deadly physical force in defense of property.
ARS 13-411 provides a justification defense in the event of burglary in the first degree (armed intruder) and burglary in the second degree (unarmed intruder).
ARS 13-411 section C defines reasonablness in this case pretty broadly.
The onus is on the State to prove that the homeowner was not justified. Given the facts and circumstances as we understand them, this is a substantial burden for the DA to overcome. I am not surprised at the decision not to prosecute.
A co worker of mine said his neighbor shot and killed someone that came into his home while he was sleeping tried to rob him. The burglar came in during the day thought his neighbor was at work. The burglar wasn't armed the local DA isn't going to press charges.
No they shouldnt press charges!!!!
THE GUY DOESNT KNOW WHAT HE MAY OR MAY NOT DO..... Its HIS HOUSE...... He is defending his property!!!!
Its just like asking if someone raped your wife and murdered your child and you killed them if you should be prosecuted. Human instinct is to protect your family, if choose to think twice about protecting your family because you don't think its right to kill someone who broke into your house and could possibly harm your family then I feel bad for your family...
I would feel no guilt killing an intruder but wouldn't be able to live with the guilt if I chose to not to and he harmed my family.
A co worker of mine said his neighbor shot and killed someone that came into his home while he was sleeping tried to rob him. The burglar came in during the day thought his neighbor was at work. The burglar wasn't armed the local DA isn't going to press charges. I don't think they would get a conviction anyway in my state of Arizona. If someone comes into a home to do wrong to me he knows the risk of getting killed. A few years ago 2 men entered a home tied up a retired doctor and his wife killed both of them burned their body's in a backyard. I think I would do the same and shoot the person in my home because if they get control over you end up like those old people. Have no idea what they are going to do I don't want to risk my family. Some of my co-workers have said the homeowner should have been prosecuted.
Burglary is a high risk profession. One that can cause you to end up in prison, or worse... dead! No the homeowner should not be prosecuted! A man's home is his castle, and not only that he and his families safe haven! Whether the burglar was there to commit harm, or not is irrelevant, because how is the homeowner to know the intentions of the burglar? The bottom line is the burglar had no business being there anyway, and clearly has does not value his own life or the lives of others, because if he did, then he wouldn't be engaging in such activities!
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