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Thread: First castle doctrine case?

  1. #1
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    First castle doctrine case?

    I've been watching this case all weekend, is this going to be the first case relating to castle doctrine?

    http://www.todaystmj4.com/news/local/141285673.html

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    Opt-Out Members scm54449's Avatar
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    "We were hiding from the cops," Alvaro says. "We didn't want to get under age drinking tickets."

    "Friends say even though Bo has had past ruins with the law, what happened early Saturday was no crime. These friends want the shooter to face justice."

    There is a great deal that we don't know and I do hope the facts support the need to use deadly force. I do grow weary of the never-ending media quotes from friends/neighbors/family in cases like this. They always imply, "he was such a good boy". Three closed and three open cases in Wisconsin Circuit Court in the past three years for under age drinking, obstructing/resisting, bail jumping, disorderly conduct and battery don't mean he deserved to die, but engaging in those types of behaviors definitely increases one's risk for injury or premature death. Unfortunately this point is completely lost on the enabling friends and family.
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    Regular Member bigdaddy1's Avatar
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    First heard about this on my way in to work this morning. Short news blurb. I also will be watching this.
    What part of "shall not be infringed" don't you understand?

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    I also will be watching this. From what we think that we know it sounds to me that the shooter probably knew that there was a party next door as there was enough noise or whatever that the cops were called by someone. I am assuming that the shooter was probably on high alert as I would be under the same circumstances. Now when you are half asleep and tired you hear someone come into your enclosed porch ( and probably not quietly). Upon investigating you find a drunk/high, black man there probably breathing hard and a wild look in his eye, as he is also startled, and you have your family in the house depending on you to protect them. What would you do? The victims mother thinks that the shooter should have shot him in the leg and called the cops. YA RIGHT!!! It is not hard telling who raised this kid.

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    Regular Member metalman383's Avatar
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    Apparently it was a locked sun room, which to me is a little bit more than a porch. All of the the "he was just drunk and trying to hide", unfortunately does not make a difference in my mind. The home owner had a right to protect his family, in an unknown situation. Just being drunk, does not make you soft and cuddely. I have one friend that is fine on beer, but give him whiskey, and he is out of control. Very tragic incedent, my thoughts and prayers go out to all involved.

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    Regular Member SFCRetired's Avatar
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    Granted that we do not know all the circumstances but, from what I read, I formed the following opinions:

    My sympathies are with the homeowner. He was faced with what he, for very good reason, perceived as a threat and took appropriate action to protect himself and his family.

    As for the family and "friends" of the deceased: If they had not enabled and condoned his behavior, he might still be alive. Someone needs to point this out to them in no uncertain terms. Not that they would listen.

    He was twenty years old. That is not a child. When I was twenty, I had just completed my first enlistment in the U.S.Army. The article also says nothing about his size, but, were I faced with a twenty-year-old who had broken into a locked portion of my home, I would probably be very fearful because of the age difference.

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    Regular Member TyGuy's Avatar
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    Exodus 22:2


    New International Version (1984)
    "If a thief is caught breaking in and is struck so that he dies, the defender is not guilty of bloodshed;"

    While a bad outcome I have a hard time blaming the old guy for what he did. It was the middle of the night and he thought his life was in danger. It sucks, but it was a series of bad decisions on the youth's part. Went to a party, drank underage, ran from the police, broke into someone else's porch,..... a good decision at any of those steps could have saved his life.

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    20 years old. A rap sheet longer than most acquire in a lifetime. Unlawful entry into someones residence. Accomplices admitting they were hiding from law enforcement to avoid possible arrest. Presumed underage drinking. Relatives saying he was a good boy and just having fun. Give me a break.
    Meanwhile the homeowner knowing a loud racous party was going on, reasonably presuming that alcohol and/or drugs was being consumed, fearing for his welfare and the welfare of his family, encountering uninvited intruders into his residence ( It doesn't matter if it was a sun porch or his living room. It is still part of his residence). These are some of the reasons we have been fighting for the right of personal protection the past ten years. We will now find out on which side of the line our judicial system stands.


    946.41 Resisting or obstructing an officer.

    history: Fleeing and hiding from an officer may constitute obstructing. State v. Grobstick, 200 Wis. 2d 242, 546 N.W.2d 187 (1996), 94-1045

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    Regular Member bigdaddy1's Avatar
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    I am sorry for the families involved, but that doesn't alter the fact that the person had broken and entered someones home at 2:00 am. If someone breaks into my home at 2:00 AM I'm not about to ask how old he/she is before I determine if their a threat. There's a show on TLC called Gangland, where they profile gang activity and members. One show had a banger who was all proud that he made his first kill when he was 9 years old.
    What part of "shall not be infringed" don't you understand?

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    Regular Member XDFDE45's Avatar
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    Quote Originally Posted by bigdaddy1 View Post
    i am sorry for the families involved, but that doesn't alter the fact that the person had broken and entered someones home at 2:00 am. If someone breaks into my home at 2:00 am i'm not about to ask how old he/she is before i determine if their a threat. There's a show on tlc called gangland, where they profile gang activity and members. One show had a banger who was all proud that he made his first kill when he was 9 years old.
    ^^^ this ^^^
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    My Castle Doctrine Law

    Don't wish ill upon your enemy......plan it.

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    I too feel bad for the person who was killed and his friends and family. This person was committing two crimes, underage drinking and evading the police or obstruction or whatever. Everyone is bashing the home owner for shooting because he "wasn't trying to break into the house and wasn't dangerous", but how does he know that? Of course he is going to be on high alert and I know I would be. I heard that the home owner was arrested and later released. My hope is that this will fall under castle doctrine and no charges will be filled.

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    Pertaining to the intruder:

    Play stupid games, win stupid prizes.

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