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4 months ago
3955 articles submitted
January 22, 2013
Agree with you all ssu, uncledennis and Robocop!
Castle Doctrine does extend to curtilage...but requires some aspect of eminent danger, right? The guy held a gun on the suspect who picked up a wrought iron plant stand and 'seemed ready to throw it', then blows him away? Ugh.
Also agree with ssu459. Iin this case the homeowner should not have shot the guy. The guy was in the yard and unarmed and used a cane and was 50 yrs old. The Homeowner is a 36 yr old man who confronted the suspect and because the suspect would not leave his yard he went into the house, got a firearm and shot and killed the suspect. That is not self-defense. He reasonably could have simply called 911 and told them what is going on after locking his door and going inside. If the suspect broke in then yes, kill him but he did not and the homeowner will face 2nd dregree murder charges or volentary manslaughter.
I must agree with ssu459. While in his crib he should have called 911 and secured the door.
A BIG woopsie here.I and probably most other leos see a major problem here.Story advises the suspect was in the man's yard,THEN said he was in the man's drive.I see nowhere that said individual was in or attempting to enter the alleged victim's domicile.I read nowhere that the homeowner didn't simply close ,lock his door and call the Police,he obviously already had a gun.I'm seeing at least a Manslaughter charge being filed.If individuals were legally allowed to shoot and kill people for acting strangly there would be a h-ll of a lot of dead people in this country.
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