Thread: vancouver man shoots burglar
Not sure why he was taken into custody though....
Right hand on the Bible, left hand on my rifle
Keep that for my rivals and evil disciples
Yeah, kinda weird he was taken into custody. I suppose they need more info to verify his story. Police are allowed to detain someone up to 72 hours I think (without arrest) in order to gain the info they need. Frustrating though, considering his neighbor vouched for him.
He was taken into custody because it was Vancouver. Remember, Vanc is like Seattle in their anti-gun and anti-self defense attitude. Hopefully he'll get a good lawyer to get the charges dropped that he will likely face, get his firearm back and perhaps file a complaint against the Vancouver PD for unlawful arrest.
From what I'm reading, it sounds like the BG was shot outside of the house, in the street. Washington has Castle Doctrine, so had the BG been shot inside the home, we can hope that the home owner wouldn't have been arrested. The problem here lies in the fact that the man was shot off the resident's property.
The resident may have pursued the guy from the property to try to detain him when the BG decided to pull a gun. Then again, the resident may have been the one to pull the gun first. You can't tell which way it went down from the article, but Castle Doctrine does not allow you to pursue someone off your property to shoot them.
As for the neighbor vouching for the resident, I didn't see that in this article. I read that the neighbor ran from his house and found the BG on the ground with a hole in his face. That sounds like the neighbor heard the gun shot, and went looking for what caused it.
Either way, the article does not convey the story of how things played out. Without more information, we can't say that the resident shouldn't have been arrested, not without some serious uncertainty.
I'm not saying the resident was wrong. I hope his shooting is declared lawful. But there are bad shootings by good people who just didn't know any better. We have to be very aware of when we can lawfully use our firearms.
while it's not been reported, I have from a good authority that both parties involved knew each other and that there was a previous disaggreement. Also tha the shots took place well outside of the home.
Live Free or Die!
My understanding of the Wa Castle doctrine is that wherever you are is under that deffinition. My house, car, corner, lemonaide stand, Starbucks.
It is lawful for a person who is in a place where that person has a right to be and who has reasonable grounds for believing that he is being attacked to stand his ground and defend against such attack by use of lawful force. The law does not impose a duty to retreat.
State v. Prado, Washington Court of Appeals
Last edited by Sparky508; 09-10-2010 at 04:06 PM. Reason: Cite
I never said the resident couldn't defend himself. I simply stated that we don't know if he was defending himself or if he became the aggressor. You can shoot someone that you find in your home as they are an intruder. If you miss and he gets away, you don't get to shoot him a week later when you see him at a pawn shop hocking your crap.
"The problem here lies in the fact that the man was shot off the resident's property."
I am refering to where you stated, the problem is that he was shout outside of his home vs inside, thats all.
The last guy that did this got two years for murder. The guy was running from the homeowners car with a boom box, and the homeowner shot him in the back of the head, if I remember it right.
The perp deserved what was coming to him, but we have to maintain our composure when we see someone running away with our stuff. I sure wish it was legal to shoot someone while they fled with your property, but it isn't. I wouldn't do it--I wouldn't convict someone that did do it.
Is a boom box or a television worth a life, NO, but PRINCIPLE is.
I don't mind watching the OC-Community (tea party 2.0's, who have hijacked the OC-Community) cannibalize itself. I do mind watching OC dragged through the gutter. OC is an exercise of A Right. I choose to not OC; I choose to not own firearms. I choose to leave the OC-Community to it's own self-inflicted injuries, and eventual implosion. Carry on...
Here is some follow up:
Donta Patterson, 29, of Vancouver has been arrested on suspicion of first-degree assault and is being held in the Clark County Jail on $200,000 bail. He is accused of shooting Nathan Rivers once in the face after discovering him in his garage, allegedly stealing a power drill.
A 19-year-old Battle Ground woman, Camille M. Langdon, was jailed on suspicion of second-degree burglary. She is believed to have accompanied Rivers to Patterson’s home. She was released Friday after posting bond.
Rivers, 22, was still hospitalized Friday afternoon with serious injuries. Though he was described as a burglary suspect in initial reports Thursday, he has not been charged with a crime. A spokesman for Southwest Washington Medical Center said Rivers was not listed in the hospital’s public directory.
According to a probable cause affidavit filed with the court, Patterson told investigators he was the middleman in a transaction for oxycodone between Rivers, Langdon and an unnamed supplier. Patterson said the two didn’t like the type of oxycodone he sold them and wanted their money back.
“Donta told them that he was only the middleman, and they would have to contact the supplier to get their money back,” according to the affidavit signed by Vancouver police Detective Eric Swenson.
The next day, about 11:50 a.m., Patterson said he noticed Rivers and Langdon allegedly burglarizing the detached garage at his home in the 3500 block of E. McLoughlin Boulevard. So he went to his bedroom to retrieve a semiautomatic handgun from under his bed, according to court documents.
After ordering the two to drop the items, Langdon and Rivers did. But Rivers then allegedly pulled out a handgun, pointing it at Patterson’s head.
“Donta said that he shot Rivers while moving away from the gun in self-defense,” the affidavit said.
In an interview that afternoon, Langdon told detectives that she and Rivers went to visit Patterson, but after having trouble contacting him, went inside his garage. That’s when she alleges Rivers took a power drill from a box, according to court documents.
Court documents don’t reveal why the power drill was taken or what -- if any -- connection there was to the drug transaction.
Both Patterson and Langdon made first appearances in Clark County Superior Court Friday. Judge Robert Lewis set arraignment for Sept. 21.
Live Free or Die!
Heeeeeeer's your sign!
Far better it is to dare mighty things, to win glorious triumphs, even though checkered by failure, than to take rank with those poor spirits who neither enjoy much nor suffer much, because they live in the grey twilight that knows not victory nor defeat....Teddy Roosevelt
Maybe Rivers was going to do some good ole house construction while he waited for Donta, hence pulling the power drill out.
The worst part about this whole story is that we'll take the heat for this jackwagon when the gun grabbers start reaching again.