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Man mistakes brother for indruder, shoots him

Flintlock

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May 26, 2006
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http://www.wpxi.com/news/16271556/detail.html?rss=burg&psp=news

PITTSBURGH -- A Manchester man is being treated at Allegheny General Hospital Thursday morning for a gunshot wound suffered when his brother mistook him for an intruder overnight at their home on Pennsylvania Avenue in Manchester.



According to Zone 1 police, the victim -- in his mid 20s -- didn’t want to wake up anyone in the house shortly after 2 a.m. So he tried to enter their house in the 1400 block of Pennsylvania Avenue through a basement window.



His brother -- in his mid 30s -- heard a noise, got his registered .45-caliber pistol and fired a shot at who he thought was an intruder.



He hit his brother in the left arm before he realized who he was. The victim was rushed to the hospital. Officials said his injury is not life-threatening.



Police confiscated the weapon and said it’s doubtful any charges will be filed.
 

imperialism2024

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Catasauqua, Pennsylvania, USA
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This should get moved to the True Tales of Self Defense forum.

It's fortunate that the shooter's brother is still alive.

And just think, if this were Texas, the shooter would have been completely justified shooting at someone on his property at night. Then he wouldn't have to feel guilty or anything, because it's always moral to use the most force allowed by law to deal with trespassers. Gotta get those criminals off the street... :uhoh:


Waiting to see more details, though...
 

Flintlock

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This is a sad story about his brotherand I also was troubled by the fact that the writer used the term registered, which we know is not the case in PA and also that the weapon was confiscated.
 

tarzan1888

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, , USA
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deepdiver wrote:
Bet the brother knocks or calls ahead next time.

I thought the same thing.


What happened is one of my fears.

That is why you have to know your target BEFORE you pull that trigger.

Tarzan
 

UTOC-45-44

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Feb 22, 2007
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Morgan, Utah, USA
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imperialism2024 wrote:
This should get moved to the True Tales of Self Defense forum.

It's fortunate that the shooter's brother is still alive.

And just think, if this were Texas, the shooter would have been completely justified shooting at someone on his property at night. Then he wouldn't have to feel guilty or anything, because it's always moral to use the most force allowed by law to deal with trespassers. Gotta get those criminals off the street... :uhoh:


Waiting to see more details, though...

I Utah...,

76-2-405. Force in defense of habitation.
(1) A person is justified in using force against another when and to the extent that he reasonably believes that the force is necessary to prevent or terminate the other's unlawful entry into or attack upon his habitation; however, he is justified in the use of force which is intended or likely to cause death or serious bodily injury only if:
(a) the entry is made or attempted in a violent and tumultuous manner, surreptitiously, or by stealth, and he reasonably believes that the entry is attempted or made for the purpose of assaulting or offering personal violence to any person, dwelling, or being in the habitation and he reasonably believes that the force is necessary to prevent the assault or offer of personal violence; or
(b) he reasonably believes that the entry is made or attempted for the purpose of committing a felony in the habitation and that the force is necessary to prevent the commission of the felony.
(2) The person using force or deadly force in defense of habitation is presumed for the purpose of both civil and criminal cases to have acted reasonably and had a reasonable fear of imminent peril of death or serious bodily injury if the entry or attempted entry is unlawful and is made or attempted by use of force, or in a violent and tumultuous manner, or surreptitiously or by stealth, or for the purpose of committing a felony.



Yup,we love Utah, don't we

TJ
 
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