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Another burglary interupted

Just Us

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oneeyeross

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Lewis County is larger than the state of Delaware... Response time for our sheriff's department isn't fast, as a result. But, all in all, justice is usually served...
 

acmariner99

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oneeyeross wrote:
Lewis County is larger than the state of Delaware... Response time for our sheriff's department isn't fast, as a result. But, all in all, justice is usually served...
When seconds count .....
 

sudden valley gunner

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Bersa.380 wrote:
Does the law not state .... your home is the one place you do not have to back down ? If "YES" then this should be an open / shut case .... AGREE ?
We are a stand your ground state you never "have to back down".
 

Beretta92FSLady

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To be even clearer. We are a "stand your ground" state--you can stand your ground you have a lawful right to be whether it be in your kitchen or Rainier Ave. at two in the morning. The latter I would suggest you not hang out around at two in the morning though.
 

FedwyCC

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how are you supposed to be able to stand your ground when you can't even stand on your own ground and stand you ground?....how about that one....think about it....yep.
 

Beretta92FSLady

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You can be standing your ground while laying--it is still considered a form of standing your ground even though it is actually laying your ground but not to be misconstrude as laying groundwork because laying groundwork you might not be justified in standing your ground whether in a vertical or horizontal position unless after you lay the groundwork you stand your ground either figuratively or actually.
 

1245A Defender

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im understanding from a news report now that he was inside his house and opened the door to see some one that was outside his house, and shot the outside person.
that doesnt sound like a traditional threat!
stand your ground,, and the castle doctrin both seem to imply your right to confront a threat. i dont know if this guy was ever threatened.
 

Beretta92FSLady

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1245A Defender wrote:
im understanding from a news report now that he was inside his house and opened the door to see some one that was outside his house, and shot the outside person.


Was the person outside armed with anything? I hate the news--they never give specifics. We just get general statements.
 

Beretta92FSLady

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1245A Defender wrote:
from the linked story,, a flashlight!
he opened the garage door,,, to look outside,,, found a flashlight pointed at him,,, and shot the guy!!!

Someone is on your property late at night. You open the door and a flashlight is on you--you are unable to determine the extent of the threat outside of the fact that there is an unidentified person who has not declared they are LEOon your property at night shining a flashlight at you, what do you do?

We as firearm owners know that a flashlight comes in handy to blind the perp, light up the area and give yourself a clear shot. The first couple of things would come to my mind in the moment that I open the door and a light is shined in my face:

-LEO? No, they would identify themselves

-intent of shining a light into my face? To temporarily blind me?

-Late at night,individual unknown, intentions are also unknown, expect the worse but hope for the best.

-draw my sidearm
 

Beretta92FSLady

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That would be great but you are assuming the man new what was on the other side of the door. Investigating a noise does not void the homeowner of their right to shoot someone who appears to be a threat.

The question is--based on the information at hand when you opened the door...house burglarized previously...late at night....flashlight in your face...threat or no threat? A reasonable person would respond as if it were a threat...or maybe I am unreasonable.
 

Just Us

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More has came out since I posted this morning. It didn't mention anything about a 2nd person then.

Closing the door is only concealment and not cover.
 

Beretta92FSLady

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1245A Defender wrote:
we may all be unreasonable,, but the only assumption i make in the scenario is that i would keep the door closed until i know more about what the threat is!
maybe look out the window.
Since bullets don't pass through windows as easily as doors? If I were to look out the window I would be extremely discreet about it considerring I would hate to have the only thing between me and the perp being a thin pane of glass.
 

OC-Glock19

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It may not be a clean shoot. From another story about this:
"The 59-year-old homeowner told police he took a life to protect his own. He says the home he's been renovating had been broken into at about 5 p.m.

He planned on spending the night there in case the burglars came back.

At about 9:45, a man and a woman pulled into his driveway in a pick-up. When the owner opened the garage he saw the two holding flashlights.

The property owner opened fire, killing the 56-year-old man. The 31-year-old woman who had been in the pickup ran away, but later talked to deputies and was released."

Even if cleared by the police he could be sued for wrongful death by the family of the deceased who could argue that he laid in wait with a gun and intended to shoot anyone who ventured onto his property.
 
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