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[QUOTE]Originally posted by Ronin1069:  No Charges http://www.startribune.com/no-...intruders/417988273/ OKLAHOMA CITY — An Oklahoma prosecutor says no charges will be filed against a 23-year-old man who fatally shot three intruders in his home, but that the woman who drove them there is being charged with first-degree murder. Wagoner County Assistant District Attorney Jack Thorp said Monday that Zach Peters "acted justifiably" March 27 when he shot Maxwell Cook, Jacob Redfern and Jakob Woodruff at his home just outside the Tulsa suburb of Broken Arrow. Thorp also said 21-year-old Elizabeth Rodriquez was charged with three counts of first-degree murder. Rodriquez has said she drove the three men to Peters' home to burglarize it, but doesn't feel responsible in their deaths.{quote} Oklahoma is one of those few states today that can still use common sense when it comes to this kind of thing.....it is also one of the states where the people know how to use, and own, a firearm. Glad to hear that no charges will be filed. This is good advertisement for other folks thinking about giving the B&E thing a try. | |||
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Glorious SPAM! |
I have no idea, but I would say that since the initial act of robbery was pre-meditated, then the resulting death could also be considered that way. | |||
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| Go ahead punk, make my day |
Yup, that's the law in a lot of states. | |||
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| Member |
In that case, he was probably able to keep his legal bills closer to $50,000 rather than $100,000.  | |||
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| 186,000 miles per second. It's the law. |
I bet he'll have no problem paying those bills with support from the NRA or a 2A Go-Fund-Me. That kid will not get financially screwed, methinks. I'd donate. | |||
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Funny Man |
I doubt there was a lot of legal wrangling necessary on his behalf. This is a pretty straight forward case in a free state. He may have retained a lawyer and that lawyer may have had a couple of meetings with the DA. I would be surprised if his legal bills top $10k I wouldn't be surprised at all if they were less than $5k. ______________________________ “I'd like to know why well-educated idiots keep apologizing for lazy and complaining people who think the world owes them a living.” ― John Wayne | |||
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| Member |
Forgot my sarcasm font. I doubt he has much of a legal bill at all. | |||
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Admin/Odd Duck |
A civil suit is probably forthcoming. If a judge won't throw it out, the homeowner's son will incur legal expenses. ____________________________________________________ New and improved super concentrated me: Proud rebel, heretic, and Oneness Apostolic Pentecostal. There is iron in my words of death for all to see. So there is iron in my words of life. | |||
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Unhyphenated American |
__________________________________________________________________________________ ---------------------------------------------------------------------------------------------------------- Always remember that others may hate you but those who hate you don't win unless you hate them. And then you destroy yourself. Richard M Nixon It's nice to be important, it's more important to be nice. Billy Joe Shaver NRA Life Member | |||
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| Go ahead punk, make my day |
Thankfully some states toss those out as well as soon as its justified SYG / SD. Florida being one of them. | |||
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| Go ahead punk, make my day |
Besides, its better than being DEAD.  | |||
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Member |
If Oklahoma's Castle Doctrine law is anything like Colorado's law, there can be no civil suits against the homeowner/occupant. This is really the advantage of Castle Doctrine laws, is that they bar civil suit by the criminal or their families. Full text of Colorado Law with some annotations below.
Loyalty Above All Else, Except Honor ΜΟΛΩΝ ΛΑΒΕ | |||
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| Member |
It's generally referred to as "Felony Murder." Meaning if you are a participant in a specified felony and someone dies, even if it's one of your co-defendants, you are charged with first degree murder. No premeditation required. | |||
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| Go ahead punk, make my day |
^^^^^^ Boom, the perps families can eat a bag of dicks WRT the 'civil suit'. | |||
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| Freethinker |
Well, I’ll circle back to my comments about what we imagine might happen in various incidents. I can’t speak for every house in America, but in mine there are some pretty restricted spaces even when moving from room to room. Not every encounter is likely to occur across a living room or down a hallway. Although it would be difficult (and really unnecessary) to describe exactly the sorts of scenarios that could reasonably involve an attacker’s suddenly closing with the defender and grappling with him and without the defender being able to engage him with a long gun, they are certainly in the realm of reasonable possibility. Once the attacker has gotten to that point a long gun is unlikely to be of much use.* If we go back to the original incident reported in this thread, how might things have turned out if one of the home invaders had been able to grab the defender’s rifle? Remember that even as poorly armed as the BGs were, they had at least one knife among them. If someone is being jerked around by his/her weapon and it’s impossible to point it effectively, how vulnerable would she/he be to the other two? As for the effectiveness of defensive measures to deal with that sort of close quarters physical attack, I’ve already stated my views in an earlier post, but in short they may work for some people, but not everyone. If, however, someone is has given all these issues study and thought, and is comfortable with his (most likely will be a his) capabilities, I would not presume to suggest he not do what he thinks is best. I offer my comments for those who may not have considered all the factors involved due to ignorance or oversight. I’m not trying to change anyone’s mind, but rather to help ensure that minds are made up after considering everything. * That’s one of the things I point out in my response to active shooter classes: A defensive attack on a rifle or shotgun that holds it firmly and pushes the muzzle down makes it extremely difficult to do anything other than fire a shot toward the ground. And depending on how it’s done, that may also cause a malfunction that’s difficult to impossible to clear while being attacked. I also point out that in such a situation it’s not enough for one person to render the weapon ineffective. It’s necessary for defenders to follow up with their own attacks on the assailant, and I usually cite specific examples of what to do in the most probable likelihood that they don’t have firearms. All that of course requires the presence of more than one defender. ► 6.4/93.6 ___________ “We are Americans …. Together we have resisted the trap of appeasement, cynicism, and isolation that gives temptation to tyrants.” — George H. W. Bush | |||
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| The success of a solution usually depends upon your point of view |
I don't think OK allows civil suit in this case. OK § 21-1289.25 PHYSICAL OR DEADLY FORCE AGAINST INTRUDER State: Oklahoma Title 21. Penal Code § 21-1289.25 PHYSICAL OR DEADLY FORCE AGAINST INTRUDER Bunch of stuff skipped. F. A person who uses force, as permitted pursuant to the provisions of subsections B and D of this section, is justified in using such force and is immune from criminal prosecution and civil action for the use of such force. As used in this subsection, the term “criminal prosecution” includes charging or prosecuting the defendant. G. A law enforcement agency may use standard procedures for investigating the use of force, but the law enforcement agency may not arrest the person for using force unless it determines that there is probable cause that the force that was used was unlawful. “We truly live in a wondrous age of stupid.” - 83v45magna "I think it's important that people understand free speech doesn't mean free from consequences societally or politically or culturally." -Pranjit Kalita, founder and CIO of Birkoa Capital Management | |||
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Drill Here, Drill Now |
Here is what I found on Oklahoma's Law:
Ego is the anesthesia that deadens the pain of stupidity DISCLAIMER: These are the author's own personal views and do not represent the views of the author's employer. | |||
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I run trains! |
Better yet. Not only does OK afford civil immunity in cases of self-defense, but if if they file suit anyway, the individual being sued can recover attorney and trial fees from the party who attempted it. Success always occurs in private, and failure in full view. Complacency sucks… | |||
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| Not One of the Cool Kids  |
Oklahoma Statutes Citationized Title 21. Crimes and Punishments Chapter 24 - Homicide Murder Section 701.7 - Murder in the First Degree Cite as: O.S. §, __ __ A. A person commits murder in the first degree when that person unlawfully and with malice aforethought causes the death of another human being. Malice is that deliberate intention unlawfully to take away the life of a human being, which is manifested by external circumstances capable of proof. B. A person also commits the crime of murder in the first degree, regardless of malice, when that person or any other person takes the life of a human being during, or if the death of a human being results from, the commission or attempted commission of murder of another person, shooting or discharge of a firearm or crossbow with intent to kill, intentional discharge of a firearm or other deadly weapon into any dwelling or building as provided in Section 1289.17A of this title, forcible rape, robbery with a dangerous weapon, kidnapping, escape from lawful custody, eluding an officer, first degree burglary, first degree arson, unlawful distributing or dispensing of controlled dangerous substances or synthetic controlled substances, trafficking in illegal drugs, or manufacturing or attempting to manufacture a controlled dangerous substance. It's pretty common here to charge Murder 1 here in this circumstance. | |||
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| Not One of the Cool Kids |
^^^Correct in both statute and case law. One of the many reasons I put up with the crazy weather. | |||
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