msteinhilber
Regular Member
The crucial distinction is Spartacus advocated killing the badguy for the sake preventing future suits and eliminating contradictory statements. Stop means stop. If the threat is stopped, it is stopped. Regardless of whether the badguy lives.
As I understand it, if the threat is stopped, and more shots are fired to eliminate contradictory statements, it becomes manslaughter or murder. Your state's common law (court cases) should provide the details for your state.
Wanna bet whether an anti-gun prosecutor wouldn't tack on the charge of killing a witness if he thought he had the chance to get away with it or the additional weight would pound you into negotiating a plea? I'm betting all it takes is for the shooting itself to not be justified at inception which would make the shooting a crime. Then killing the house-breaker becomes eliminating a witness to the shooter's crime.
Spartacus, for all his noise about being a responsible gun owner, is himself being hugely irresponsible. Nobody with any sense of responsibility is going to recommend that utter and dangerous nonsense.
Frankly, if I were Spartacus, I would edit my post if possible and hope Google doesn't cache it for too long into the future. Should he ever have the need to defend himself at some point in the future, he's taking an awfully big risk by posting comments such as that in a public forum. It doesn't take much investigation these days to determine one's online identify. Should his computer be taken as part of an investigation if he were to shoot a bad guy, the possibility exists they could identify his activity here and associate him with his screen name and bring up that post in court.
None the less the law is pretty clear on what warrants lethal force and what warrants just enough force to stop the encounter (in the case of theft of personal property) while falling short of lethal or causing great bodily harm. Both of those situations are unfortunately widely open to interpretation in the eyes of a jury and in many cases it's likely to be your word against the bad guy's. It's unfortunate that the criminals are more protected than the good guy's, but that's the way it is and I think the risks of overstepping the law as it currently stands as Spartacus seems to openly suggest are far too great to even consider. So a guy breaks into my house looking to make off with my computer gear, TV, camera, whatever. If I shoot and kill this guy, you can bet at the very least I may face a costly legal battle (10k, 20k, maybe more?) and at worst I could face time in jail and get to see my son ever now and then from behind bars? No thank you.