Lord Sega
Regular Member
"On Friday night, March 15, in the coastal community of Hammond, Ore. a homeowner found himself the victim of a home invasion. However, when the intruder broke into the home, the homeowner was able to hold him at gunpoint while his neighbor called the police,"
"Clatsop County District Attorney Josh Marquis told KATU News that Tischer was jailed twice for buglarizing the same home in the past. He was released from jail because of overcrowding."
LINK
KION channel 6 news LINK
KATU channel 2 newsLINK
So, not a lot of details in the news articles, but it sounds like Tischer was being held by the home owner awaiting police to arrive.
Then just as the first LEO gets there, boom, Tischer is shot.
Will this be a problem for the home owner? I'm thinking that it can be.
Oregon doesn't have a "Castle" law, but does have good self-defense law (plus Oregon has "citizen arrest" law).
But, for self-defense, you have to follow "use of force" ORS 161.209 and it's limitations ORS 161.219
Shooting the intruder when he has broken into your home... you are in fear of your & your family's lives from an unknown intruder who may be armed, intentions unknown.
BUT, after you have the intruder being held under gun point, you call the LEOs, and then the intruder is shot...
If the intruder who is being "held" by the home owner jumps up and goes for the home owner or his weapon, no issues, he was a threat.
BUT, if the intruder jumps up and bolts for the door to escape... no direct threat.
So, IF the intruder, who is recovering in the hospital, states that he just wanted to get out of there & get away from the guy with the shotgun, could this turn ugly for the home owner?
Luckily, the article states a neighbor and the home owner's wife was there, so additional witness, but it depends on the statements about the incident.
For me, not enough info to say good or bad shoot at this time.
But the home owner could be in for a wild ride depending on the investigation & the DA.
What are your thoughts?
Also, what would you do in a similar situation?
"Clatsop County District Attorney Josh Marquis told KATU News that Tischer was jailed twice for buglarizing the same home in the past. He was released from jail because of overcrowding."
LINK
KION channel 6 news LINK
KATU channel 2 newsLINK
So, not a lot of details in the news articles, but it sounds like Tischer was being held by the home owner awaiting police to arrive.
Then just as the first LEO gets there, boom, Tischer is shot.
Will this be a problem for the home owner? I'm thinking that it can be.
Oregon doesn't have a "Castle" law, but does have good self-defense law (plus Oregon has "citizen arrest" law).
But, for self-defense, you have to follow "use of force" ORS 161.209 and it's limitations ORS 161.219
Shooting the intruder when he has broken into your home... you are in fear of your & your family's lives from an unknown intruder who may be armed, intentions unknown.
BUT, after you have the intruder being held under gun point, you call the LEOs, and then the intruder is shot...
If the intruder who is being "held" by the home owner jumps up and goes for the home owner or his weapon, no issues, he was a threat.
BUT, if the intruder jumps up and bolts for the door to escape... no direct threat.
So, IF the intruder, who is recovering in the hospital, states that he just wanted to get out of there & get away from the guy with the shotgun, could this turn ugly for the home owner?
Luckily, the article states a neighbor and the home owner's wife was there, so additional witness, but it depends on the statements about the incident.
For me, not enough info to say good or bad shoot at this time.
But the home owner could be in for a wild ride depending on the investigation & the DA.
What are your thoughts?
Also, what would you do in a similar situation?