This will be interesting to see how it plays out

Alpine said:

You have a right to carry on your own property and on public property. It wouldn't matter whether the guy was in a park or on his porch. When the trespasser lunged at him after making threats, the trespasser forfeited his life.

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NavyLCDR said:

So - you really don't know the difference between standing on someone's lawn or porch and yelling, and breaking in the door? Maybe this will help:



The criminal was committing the MISDEMEANOR of trespassing. Behind the locked door of the house there was no IMMINENT DANGER of a felony being committed against the defendant. As soon as the defendant left his house, he placed himself in imminent danger. If the criminal was attempting to actually enter the house - the entire situation changes because then it becomes the actual resistance of an attempt to commit a felony upon the slayer.

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"She said detectives learned the 56-year-old never opened his front door while Shive was there yelling, as he had it duct taped closed in connection with some kind of repair or renovation."

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NavyLCDR said:

The homeowner never retreated anywhere - he advanced towards on the trespasser to confront him.

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NavyLCDR said:

As the title says, it will be interesting to see what happens. I armed myself to leave my house and investigate a trespasser once. I won't do it again - it's much easier to defend the action of just calling the police and waiting for them inside the house ready to shoot anyone that might come through the door without permission.




The homeowner never retreated anywhere - he advanced towards on the trespasser to confront him.

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NavyLCDR said:

How about this. Guy is in MY front yard, screaming that he is going to kill me because I shot his dog. I guard my front door with my gun, watch him through the windows, and call the cops. They, at a minimum, remove him from my property - but more likely arrest him for coming on my property with the purpose of threatening me. Goal accomplished. He is off my property and I have almost zero chance of being prosecuted for anything.

Or, I guard my door with my gun, and he attempts to enter my house so I shoot him. Much better position to be in for justification.

Personally, I believe the homeowner in this case is on very shaky legal ground, and I won't take such chances with my family. While they homeowner did nothing illegal, there is always this:



What if the jury finds that it was a reckless act, just not illegal, to retrieve his gun and leave his house to confront the person? The act does not have to be illegal to be reckless.

http://legal-dictionary.thefreedictionary.com/recklessness



I'm sorry, when you leave your house to confront a person that is already threatening you - or loudly accusing you - I would consider that to be a high probability of being reckless in doing so. In my case, I was taking the trash to the curb and there was a suspicious vehicle parked at the edge of my long driveway at 7:00 am. I came back to my house, retrieved my gun and cell phone, and went back to the vehicle to call the police with the license plate number and description of the vehicle. There ended up being a drunk woman inside the vehicle who thought she was on the neighbor's property whom she was acquainted with.

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Alpine said:

I think the locale and typical police response time in that locale are germane facts that should be considered if this goes to trial. Not that the police have a duty to protect you, but to ignorant juries it might sound good.

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