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Old 11-27-2012, 10:57 AM
 
Location: Minneapolis
2,526 posts, read 3,053,813 times
Reputation: 4343

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Quote:
Originally Posted by Little-Acorn View Post
The state of Minnesota has passed a law saying that, if someone violently breaks into your home (a felony), no trial is necessary. You may shoot. And that means shoot to kill - it is impossible to shoot with the assurance you will only wound, contrary to the Dick Tracy stories most liberal do-gooders are brought up on. Minnesota did not restrict their law to "shoot to disable" or "shoot to reduce the threat". The legislators knew, as apparently you don't, that it is impossible to know if a wounded invader can still lift a gun and pull the trigger.

The state of Minnesota has, in this case, granted full permission in advance for the homeowner TO BE judge, jury, and executioner when someone breaks violently into his house, as these two invaders did. Sorry to burst your bubble, but you need to read up on the law.

Whether the homeowner does it with one shot or two (just like the guy who throws the switch twice on the electric chair) is a trivial detail.
Here is the statute relevant to this case:

https://www.revisor.mn.gov/statutes/?id=609.065

609.065 JUSTIFIABLE TAKING OF LIFE.

Quote:
The intentional taking of the life of another is not authorized by section 609.06 [https://www.revisor.mn.gov/statutes/...06#stat.609.06 ], except when necessary in resisting or preventing an offense which the actor reasonably believes exposes the actor or another to great bodily harm or death, or preventing the commission of a felony in the actor's place of abode.
When Smith fatally shot these two, neither victim was in a position to give the impression that they were able to create (in Smith) a "reasonable belief" of exposure to "great bodily harm of death", nor were they likely capable of committing a felony which Smith could theoretically prevent. Under Minnesota statutes, this is clearly murder.
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Old 11-27-2012, 10:58 AM
 
Location: San Diego, CA
10,581 posts, read 9,789,910 times
Reputation: 4174
Quote:
Originally Posted by Oleg Bach View Post
When a person is incapacitated after a gun shot that rips through their flesh and vital organs- that is it..the job is done.
I guess it is.

The only remaining problem, is how we can arrange to have you, personally, present at every home invasion across the country, no matter where. So you can examine the person the bullet hit, and assure the homeowner that he is indeed "incapacitated". Nobody else can do it, that's a fact - everybody else will be uncertain whether the wounded person can still lift his own gun and shoot the homeowner.

And you can also inform the homeowner - who has zero seconds to decide it for himself - with 100% certainty whether the invader is armed. He might not have a gun in his hand - having put it in a pocket to leave both hands free for carrying away the homeowner's TV or to rape his daughter - but apparently only you, olegbach, can be completely sure the invader is actually unarmed in the one second you have available.

(You have to wonder where these leftist do-gooders get such totally opaque blinders)
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Old 11-27-2012, 10:58 AM
 
12,282 posts, read 13,247,766 times
Reputation: 4985
Hey oleg bach! What is a CRAZED MONKEY?
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Old 11-27-2012, 11:03 AM
 
Location: The Cascade Foothills
10,942 posts, read 10,260,562 times
Reputation: 6476
Quote:
Originally Posted by tinman01 View Post
No I don't, but I can understand why he did it. A man should be able to feel safe in his own home. A person shouldn't be dealing with punks because the area is out of control. I can understand how someone would become frustrated and say not this time.
It sucks that anyone can see these punks as the victims and it explains why it is becoming more and more common.
Then can you also "understand" why he kept his "trophies" for 24 hours before calling police?
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Old 11-27-2012, 11:06 AM
 
Location: The Cascade Foothills
10,942 posts, read 10,260,562 times
Reputation: 6476
Quote:
Originally Posted by mpyne View Post
Does anyone find it odd that this man had no problem having 2 corpses in house overnight? Sounds kind of morbid/creepy.
More than "kind of" creepy and morbid. Sick.

He probably spent that time admiring his handiwork.
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Old 11-27-2012, 11:10 AM
 
Location: The Cascade Foothills
10,942 posts, read 10,260,562 times
Reputation: 6476
Quote:
Originally Posted by ambient View Post
Surprise, surprise... the right wing contingent thinks that it's cool to execute already-incapacitated teenage hoodlums, drug cartel-style.
There are some wonderful people here on City Data.

There are also some pretty sick f****s.
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Old 11-27-2012, 11:17 AM
 
Location: Brooklyn
2,314 posts, read 4,801,275 times
Reputation: 1946
My opinion is slightly changing as the man appears to not feel any sort of sorrow over what he did.

He seemed to take pride more in killing than protecting himself. That's sick.
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Old 11-27-2012, 11:33 AM
 
Location: Beautiful Niagara Falls ON.
10,016 posts, read 12,585,178 times
Reputation: 9030
I'll tell you something, My stuff doesn't mean that much to me. If someone breaks in to my house and takes it, well then I'll get some new stuff. I pay insurance for that very reason. I would just never even assult someone in defence of STUFF.
If I felt threatened, if I felt this robber wanted to hurt me or my family then that is different. However I would not use a cannon to defend myself against a peashooter. I doubt anyone would break in anyways. My dogs would sound such an alarm the neighbours would call the cops.
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Old 11-27-2012, 11:37 AM
 
2,491 posts, read 2,681,790 times
Reputation: 3393
I'm amazed at the number of cowards that are defending this murderer.
Yes cowards. To execute a teenage girl who is down and no threat is cowardly.

Cowards and stupid. Going online and proclaiming you would not hesitate to execute a criminal is stupid.
If you are ever involved in a shooting, those words could come back to haunt you.
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Old 11-27-2012, 11:47 AM
 
Location: Area 51.5
13,887 posts, read 13,680,438 times
Reputation: 9174
Quote:
Originally Posted by Nomander View Post
/sigh

Do you know anything about that case and why he was cleared?

The burglars:

1) Were already holding and leaving with their stolen goods from his neighbor when they were encountered. (ie their intent was established through action).

2) They approached him on his property at night (automatically justifies lethal force in Texas).

That is why he was cleared.

They were already in the act of stealing, intent had already been validated.

Not only that, but the the man did more than he was required to. He even called out to them, told them to drop the stuff, and warned them not to approach him or he would shoot. He shot in a necessary manner to defend life and his "neighbors" property which is also legal.


Seems like you need to do a little bit more reading yourself, or maybe you just need to work on the critical reading part as your understanding seems to be what is lacking here.
Clearly, you're the one lacking critical thinking. You can't even follow your own line of thought.

And yes, I am completely familiar with the case.

Quote:
Originally Posted by Nomander View Post
Seriously, some of you seem to have too much bravado if you think executing someone that is incapacitated is a reasonable action.

To take a life is a hard thing, even when you are just in such an action. To take it when you aren't just? Well... either you will have a lot of sleepless nights, or you are likely as psychotic as the criminals you think you are defending against.
Not a single person here has said it would be easy, nor has anyone said there would be no sleepless nights.

You're just making up stuff.
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