Man shoots and kills suspected burglar

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Bodofish
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Re: Man shoots and kills suspected burglar

Post by Bodofish » Sun Jan 15, 2012 6:30 pm

yep......
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G-Man
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Re: Man shoots and kills suspected burglar

Post by G-Man » Sun Jan 15, 2012 7:44 pm

That may apply if you live by yourself. If you have family or others in the house and cannot be sure that they are safe, you are not expected to abandon them, especially minors.

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'OL GREY DOG
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Re: Man shoots and kills suspected burglar

Post by 'OL GREY DOG » Mon Jan 16, 2012 5:31 am

well duh ... but dont overlook the intent of the law .... if it can be avoided period .. no ifs no buts ...

ok ok ... make it a story .... guy comes in your house .... has Rambo'S knife .... your family are standing safely in a "SAFE ROOM" .... your standing in the hall in front of the rms open door ... guy comes down the hall ... knife raised ... scream'n he's going to cut your guts out .... if all you have to do is step into the room and close the door to be safe .... but instead you dbbl tap him ...... your wrong ... good lawyer guna get everything you own .. if whom ever wanted to press charges ... your go'n down ...

guess the point is ... i'm a good guy ... he's a bad guy .... he was do'n bad stuff and i shot him .... might not work .... fact .... just like fish'n regs ... your going to do something you better KNOW the law .... and we alllllll know how easy the Wa regs are .... DOG

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Re: Man shoots and kills suspected burglar

Post by Big D » Mon Jan 16, 2012 7:23 am

'OL GREY DOG wrote:well duh ... but dont overlook the intent of the law .... if it can be avoided period .. no ifs no buts ...ok ok ... make it a story .... guy comes in your house .... has Rambo'S knife .... your family are standing safely in a "SAFE ROOM" .... your standing in the hall in front of the rms open door ... guy comes down the hall ... knife raised ... scream'n he's going to cut your guts out .... if all you have to do is step into the room and close the door to be safe .... but instead you dbbl tap him ...... your wrong ... good lawyer guna get everything you own .. if whom ever wanted to press charges ... your go'n down ...guess the point is ... i'm a good guy ... he's a bad guy .... he was do'n bad stuff and i shot him .... might not work .... fact .... just like fish'n regs ... your going to do something you better KNOW the law .... and we alllllll know how easy the Wa regs are .... DOG
Washington has no 'duty to retreat', as precedent was set in State v. Studd (1999) and State v. Reynaldo Redmond (2003) when the court found: "that there is no duty to retreat when a person is assaulted in a place where he or she has a right to be."
But, the law is ambiguous. WA does not have an explicit 'Castle Doctrine', but like many of the other laws pertaining to gun ownership, they are based on rights of the gun owner and revolve around what the state expects is common sense and best judgment of the user. When you apply for a CPL (Concealed Pistol License), you will see some language that states WA is a 'stand your ground' state; again this is ambiguous.
There is no specific language in the law to state if burglary in your owe affords you the right to use deadly force, but the ambiguity of the law affords you some leeway.
However, read the law regarding justifiable homicide in Washington State. There is little doubt that slaying a person committing a felony by illegally entering your home with the apparent intent to commit even more felonies is perfectly justifiable in the eyes of the law.
To wit:
RCW 9A.16.050
Homicide --- By other person --- When justifiable.
Homicide is also justifiable when committed either:
(1) In the lawful defense of the slayer, or his or her husband, wife, parent, child, brother, or sister, or of any other person in his presence or company, when there is reasonable ground to apprehend a design on the part of the person slain to commit a felony or to do some great personal injury to the slayer or to any such person, and there is imminent danger of such design being accomplished; or
(2) In the actual resistance of an attempt to commit a felony upon the slayer, in his presence, or upon or in a dwelling, or other place of abode, in which he is.

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Rich McVey
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Re: Man shoots and kills suspected burglar

Post by Rich McVey » Mon Jan 16, 2012 7:41 am

No bodys arguing the point DOG. If you have that option, then yea its best to retreat and call the cops. My house and situation dont allow me to just lock a door and call it good. No way to gather the famil in one room with out encountering the individual in the house.

I prefer to head off the issue in the first place. Installed a security door and I have two noisy dogs that will get my attention and possibly detur the perp on their own. Im wanting to install a heavy gate for the dirveway to keep vehicles out.
Bodofish wrote:
Rich McVey wrote:Understood.

Lots of responsibility owning and carrying a gun. Really, the only "Justified" they consider on WA courts is that you were in fear for your life or safety, or that of another. Property doesnt count.
That would only be criminal. Civil is another ball of wax all together.

O.J. would be a perfect case.

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Bodofish
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Re: Man shoots and kills suspected burglar

Post by Bodofish » Mon Jan 16, 2012 7:43 am

Yes and on any given day the judge could say you were protecting property and not persons. Slam!!! And of course and I hate to keep harping on this but that is just the criminal side, that's the easy one. All it takes is a relative that's been contacted by a lawyer promising big bucks and media coverage......

Civil is what's going to break you, it's what ever they can get a jury to agree to and you all might be real suprised.
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Bodofish
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Re: Man shoots and kills suspected burglar

Post by Bodofish » Mon Jan 16, 2012 7:44 am

PS Rich, clear sailing into the salt mine..... Just got home.
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Re: Man shoots and kills suspected burglar

Post by deepbuzzer » Mon Jan 16, 2012 8:05 am

Yes, a young man lost his life. But he made a decision to break into someones home. When he made this decision he also was willing to accept the consequences.. with every decision made there are consequences. His was he lost his life..

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Bodofish
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Re: Man shoots and kills suspected burglar

Post by Bodofish » Mon Jan 16, 2012 9:57 am

deepbuzzer wrote:Yes, a young man lost his life. But he made a decision to break into someones home. When he made this decision he also was willing to accept the consequences.. with every decision made there are consequences. His was he lost his life..
No one is debating that. What is being discussed are the ramifications of defending your house with deadly force, legal and otherwise.
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Re: Man shoots and kills suspected burglar

Post by deepbuzzer » Mon Jan 16, 2012 10:47 am

In the state of Idaho, we have the Castle Doctrine which means I can defend my home and property with any means necessary.
In the state of Washington there is the right to stand your ground which means you do not need to back down from any threat.

There is a lot of misinformation being spewed on this subject by individuals that do not know what they are talking about.
If I know my life, family or another is in immediate danger I have every right to draw and fire and it will be justified.
But also remember you will be treated as a criminal and need to be prepared to defend your right.. I have a $ 2,000,000 liability on my home insurance just for this and also a policy with an organization that will also pay for all of my legal fees If I use a weapon to defend myself, family or another. Use a weapon to defend yourself be prepared to defend our right given to us by the 2nd amendment.

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