quote:

Originally posted by pessimist:
tatortodd and tacfoley -

I'm behind enemy lines in NJ where they're much less tolerant of using a firearm in SD than Texas. Hell, they don't want you to even own a firearm here. Having said that, I'm very confident stating that if I shot a masked, armed intruder that forced their way into my home, I would not be arrested. Of course, there would be an investigation, but I would not be arrested by default. That's what we're discussing here. We're not discussing shooting someone in public when the facts aren't immediately clear.

My brother lives in Maryland - another State that doesn't care for the 2A. Not long ago, the police were going door-to-door to notify residents of a string of burglaries in the area. During his conversation with them, the police told him that if he finds an intruder in his home to shoot them. They added that he should try not to shoot them in the back.

People are rightfully concerned about prosecution but the first point of contact during a incident such as this will be police officers and detectives. Their report is going to carry some weight and I believe they're generally on the side of the homeowner.

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Originally posted by Sig2340:

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The officer said he performed CPR for 15 minutes until emergency workers arrived.

Someone correct me if I'm wrong, but isn't penetrating trauma to the thoracic region a reason to NOT perform CPR?

Doesn't it serve to push what little blood remains out thereby accelerating exsanguination and death?

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My post was dead nuts accurate for a homeowner shooting a masked, armed intruder. It doesn't matter whether or not the responding police are fans of homeowners dispatching criminals. In Texas, it's almost always a district attorney driven process via the grand jury.

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Originally posted by jhe888:

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Originally posted by Sig2340:

quote:

The officer said he performed CPR for 15 minutes until emergency workers arrived.

Someone correct me if I'm wrong, but isn't penetrating trauma to the thoracic region a reason to NOT perform CPR?

Doesn't it serve to push what little blood remains out thereby accelerating exsanguination and death?

What's the harm? If you need CPR you are either not breathing, have no heartbeat, or both, so you will die anyway.

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Originally posted by arfmel:

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Sister, Rosier Vincent told the hearing: ‘My brother was not a violent person. ‘He was a father, he was a son he was a brother. No one deserves to die.’

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Originally posted by HRK:
It doesn't mean though that someone will be charged and arrested at the point the incident occurs.

I think the point most are making is that in the US, sans a few areas with overzealous prosecutors, not everyone involved in a protection of life/property situation is immediately arrested and charged with murder.

If read correctly in the UK, the SOP is regardless of the situation, facts, witnesses and tape of the event you will be charged with murder.

Due process is handled differently it appears as far as an arrest, Here you may claim you defended yourself, and the prosecution/law enforcement may review the facts then determine if the action is chargeable or not and then issue warrants or grand jury.

Nobody wants folks killing others for no reason and claiming self defense. UK or USA however it seems there is a clear difference in how those that defend themselves are handled by our respective governments.

Its no where near the same procedure, while 90% get off with charges cleared, they still had to endure a year or more of being under arrest for murder.

The sad thing is it took a year to clear this mans name, and it happened because of the process of charge everyone without regard to guilt or innocence then wring it out in court.

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Originally posted by HRK:

quote:

My post was dead nuts accurate for a homeowner shooting a masked, armed intruder. It doesn't matter whether or not the responding police are fans of homeowners dispatching criminals. In Texas, it's almost always a district attorney driven process via the grand jury.

It doesn't mean though that someone will be charged and arrested at the point the incident occurs.

quote:

Originally posted by HRK:
I think the point most are making is that in the US, sans a few areas with overzealous prosecutors, not everyone involved in a protection of life/property situation is immediately arrested and charged with murder.

If read correctly in the UK, the SOP is regardless of the situation, facts, witnesses and tape of the event you will be charged with murder.

Due process is handled differently it appears as far as an arrest, Here you may claim you defended yourself, and the prosecution/law enforcement may review the facts then determine if the action is chargeable or not and then issue warrants or grand jury.

Nobody wants folks killing others for no reason and claiming self defense. UK or USA however it seems there is a clear difference in how those that defend themselves are handled by our respective governments.

Its no where near the same procedure, while 90% get off with charges cleared, they still had to endure a year or more of being under arrest for murder.

quote:

Originally posted by tatortodd:

quote:

Originally posted by HRK:

quote:

My post was dead nuts accurate for a homeowner shooting a masked, armed intruder. It doesn't matter whether or not the responding police are fans of homeowners dispatching criminals. In Texas, it's almost always a district attorney driven process via the grand jury.

It doesn't mean though that someone will be charged and arrested at the point the incident occurs.

You're coloring way outside the lines as my posts were specifically about Texas and specifically directed at pessimist who was wildly speculating on how this would be handled in free parts of the US.

It frankly doesn't matter if you're arrested on the spot or arrested later. Charges have to be brought against you for a grand jury to be convened, and as I've posted repeatedly a grand jury in Texas will almost always be convened for killing someone in the exact scenario as the OP's story. The grand jury will either indict or "no bill."

The only reason, I keep using the phrase "almost always" is to avoid tangents as we have a lot of knowledgeable Sigforumite legal eagles who are bound to know the minority of cases that are the exception.

quote:

Originally posted by HRK:
I think the point most are making is that in the US, sans a few areas with overzealous prosecutors, not everyone involved in a protection of life/property situation is immediately arrested and charged with murder.

If read correctly in the UK, the SOP is regardless of the situation, facts, witnesses and tape of the event you will be charged with murder.

Due process is handled differently it appears as far as an arrest, Here you may claim you defended yourself, and the prosecution/law enforcement may review the facts then determine if the action is chargeable or not and then issue warrants or grand jury.

Nobody wants folks killing others for no reason and claiming self defense. UK or USA however it seems there is a clear difference in how those that defend themselves are handled by our respective governments.

Its no where near the same procedure, while 90% get off with charges cleared, they still had to endure a year or more of being under arrest for murder.

If you had made this part of your post without quoting me then I would not have cared. Your post is accurate for the other 4 states that I've had residence, but for Texas hardly anything you posted applies (overzealous prosecutor, decide if a grand jury to be convened, etc).

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Originally posted by G-Man:
Dear God! The mental gymnastics they went through to determine this was a justifiable killing!! A home invasion by two masked, drugged, armed intruders into the home of an elderly couple! The real crime (besides arresting the homeowner) is that the homeowner couldn’t shoot those pieces of human garbage.

So much for the Castle Doctrine in the country of its origin.

“For a man's house is his castle, et domus sua cuique est tutissimum refugium.” — Sir Edward Coke