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Nobody said it's ok to break into people's house. But this isn't the military in the middle of the desert. Laws still apply when someone breaks into your house. And executing 2 teenagers after they're already suffering from lethal injuries, because they laughed is not protected under the Castle Doctrine. It's no longer self-defense, it's 2nd degree murder.
I am not a lawyer but I would think that, if the defense can prove the initial shots under the Castle Doctrine were lethal then the homeowner cannot be held to murder for the later shots.
Nobody said it's ok to break into people's house. But this isn't the military in the middle of the desert. Laws still apply when someone breaks into your house. And executing 2 teenagers after they're already suffering from lethal injuries, because they laughed is not protected under the Castle Doctrine. It's no longer self-defense, it's 2nd degree murder.
So now we have doctors and medical examiners weighing in?
I think not.
Yes, the jury will decide.
Two kids died. They might possibly have made something of their lives. They might possibly have ultimately saved lives. They blew it.
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Originally Posted by xiShi
No, the homeowner brought this al upon himself. He went well beyond self defence. 10k makes for awefully lumpy mattress.
Now I know people actually can take out their brains and play with them.
In warfare there is an old rule. Always leave your enemy with a route of escape. If there is anyway to avoid killing....you take that way. This old rule was based in noble behavior...If an enemy is in submission or wounded...you don't butcher them... For instance even if I was armed and a violent intruder entered my house...and the back door was wide open and I could escape...I would run for the door and get the hell out of there... Or in the alternative...if the intruder was in retreat or exiting the house- Let them go...why spill blood if you don't need too?
What military has this rule? France? The US military cuts off ALL routes of escape and kills everybody it can. The unofficial motto is "Kill em all and let God sort em out".
I am not a lawyer but I would think that, if the defense can prove the initial shots under the Castle Doctrine were lethal then the homeowner cannot be held to murder for the later shots.
Well, they weren't immediately lethal, seeing as the kids were still alive. What I meant is, they were shot in the chest and bleeding on the floor/gasping for air. Who knows if they would have survived, so he did use deadly force on the first shots.
But, it wasn't his right to punish them and ensure that they died by executing them. The Castle Doctrine doesn't allow you to make sure the criminals are dead, it only allows you to use a level of force that could prove lethal. It also requires a reasonable fear or threat of imminent serious bodily harm or death. Where was the continued fear of death or harm from the girl gasping for air, bleeding on the floor? He felt safe enough to stand close enough to her to put the gun to her chin and blow her head off. He must not have been worried she could harm him in that position.
I am not a lawyer but I would think that, if the defense can prove the initial shots under the Castle Doctrine were lethal then the homeowner cannot be held to murder for the later shots.
Not true. The initial shots were not immediately fatal by his own admission. The following shots, especially how he worded his actions and his statements will cost him.
Lawyers I spoke to yesterday say he will get convicted. He will serve time.
Just depends on the jury how much. But, what he did was barbaric....I think he will get lots of time.
What military has this rule? France? The US military cuts off ALL routes of escape and kills everybody it can. The unofficial motto is "Kill em all and let God sort em out".
If that were true they wouldn't charge soldiers w/ war crimes. Stay on topic. This topic is sordid enough.
So now we have doctors and medical examiners weighing in?
A gun shot to the chest is a potential lethal injury. They could have survived, had an ambulance gotten there quickly. But gunshot wounds to the chest or head are quite often lethal.
But that's irrelevant. He doesn't have the right to ensure they're absolutely dead. He has no authority or right under the law to punish them beyond self-defense.
I can understand why he did it too but that doesn't make it right. If someone molests my child, my first instinct would be to kill them. People would understand why I did it but that wouldn't make it right.
if he had shot once and killed them it wouldn't have been a big deal but to continue to shoot is crazy.
This is even worse than those cases where people claim they stabbed someone 101 times because they "thought they were going to come after me if I stopped" because he seemed pretty calm (based on his description of the events) about finishing them off.
That's exactly why people are told to ask for a lawyer....They can use anything you say against you. I get the feeling some of what he says makes no sense....A kid, just shot.... laughing???? I believe he may have been in shock. But, the evidence of his actions is there. It is sort of scarey that he was retired from security. I think he just lost it....I really do.
I also think that it is possible, if his defense team proves those two kids were repeatedly in his home robbing him...that he might get a lighter sentence due to sympathy. I would be finger printing everywhere, and calling witnesses to the previous home invasions....In a small town, every teen at that school knows something about this ongoing burglary at this guys home. At this point you aren't gonna get him acquitted you are just hoping for a reduced sentence imo
Last edited by JanND; 11-28-2012 at 07:31 AM..
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