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Thread: Excessive Force?

  1. #1
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    Excessive Force?

    A Madison County man is suing another man after he was shot in the head when police say he was trespassing on the man's property.

    The shooting happened in November 2009 off Simpson Lane in Richmond. In a lawsuit, Charlie Harvey claims when he broke into John Fair's barn, Fair used excessive force when he fired a shot into the barn door, hitting Harvey in the head.

    Harvey is seeking compensation for physical and emotional pain.


    http://www.lex18.com/news/man-shot-i...es-barn-owner/

  2. #2
    Regular Member Ivan Sample's Avatar
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    The man should be thankful that he is not dead. Plus I don't think this guy has a leg to stand on due to the fact that if wouldn't have been trespassing, he wouldn't have been shot in the head. What's wrong with people these days!

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    Regular Member neuroblades's Avatar
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    Some people these days, it's nearly laughable sometimes. Harvey should be thanking God above and Fair for not killing him.
    Got SIG? MOLON LABE

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    This clod broke into a man's property and got shot. The lawsuit should be tossed out.

    Excesive force would be if the man shot the trespasser a couple more times after he went down. Shooting him one time to neautralize a possible threat, even if it's happens to be in the face, is not excessive force. He was justified in firing-- the law does not specify where you can and cannot shoot an intruder.

    Injustice at its finest.

  5. #5
    Regular Member mem1977's Avatar
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    Cool

    If the Judge or Jury awards him compensation. Then they're all a bunch of fools.
    I'll give you my gun when you take it from my cold, dead hands! ~ Charlton Heston (1923 -- 2008)

    Lord, make me fast and accurate. Let my aim be true and my hand be faster than those who would seek to destroy me. Grant me victory over my foes and those that wish to do harm to me and mine. Let not my last thought be if I only had a gun; and Lord if today is truly the day that you call me home, let me die in a pile of empty brass. ~ The Gunfighter’s Prayer

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    Gotta love the fellow who commented and said, "If he broke into my place, he wouldn't be suing anyone."

    Methinks Fair needs to invest in a higher caliber firearm.

    Justified deadly force + Castle law + Headshot =/= lawsuit
    Justified deadly force + Castle law + Headshot == funeral

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    Devil's advocate: In KY, you cannot shoot someone who is trespassing. You cannot use lethal force to prevent property damage or loss (except arson). If the home owner thought the man had a gun and that his life was in danger, it's another story. It's my understanding that if a perp is in the process of breaking into your house, you can use lethal force as the law assumes the perp is out to harm you. If you're in the house and he's breaking into your barn, it's a different story.


    That being said, I don't feel bad for him. This is yet another reason one should shoot to kill rather to wound (assuming shooting is justified in this instance)--dead perps don't sue.

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    False assumptions

    Stand Your Ground, and the Castle Doctrine are not synonymous. l

    Use of force for the protection of property is covered in K.R.S 530.080. While "Stand Your Ground" would apply to the barn, the Castle Doctrine whereby the act constitutes a presumption of intent to cause death or great bodily harm would not apply unless the barn was being used as a residence. The Castle Doctrine only applies to an occupied residence or vehicle - see K.R.S. 503.055

    So while one may use non deadly force to terminate a trespass, burglary, or theft in a barn, one may not use deadly force. These crimes simply do not rise to the level of of grave risk to persons.

    Formulating a belief that deadly force is justified is covered under K.R.S. 503.120. Although you may believe deadly force is justified but are wanton or reckless in formulating said belief, you may still be prosecuted for Manslaughter.

    A visceral response vs. a reasoned response has resulted in a number of good men ending up in prison.

    Tough talk is cheap. A ride through the Criminal Justice System is not a pleasant one.

    Think first, shoot second.

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    http://forum.opencarry.org/forums/sh...light=onalaska

    Similar case out here in Washington State. An Onalaska man is now charged with first-degree murder rather than manslaughter after shooting to death a man who attempted to burglarize his home April 19.

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    Regular Member Ivan Sample's Avatar
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    Thinking can get you killed in this day of age!

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    Shoot to kill?

    Quote Originally Posted by langzaiguy View Post
    This is yet another reason one should shoot to kill rather to wound (assuming shooting is justified in this instance)--dead perps don't sue.

    The story does say that he shot the trespasser in the head. What is this guy, the T-1000?


    Quote Originally Posted by Tribunal Power View Post
    *snip*

    "If he broke into my place, he wouldn't be suing anyone."

    Methinks Fair needs to invest in a higher caliber firearm.

    Justified deadly force + Castle law + Headshot =/= lawsuit
    Justified deadly force + Castle law + Headshot == funeral
    +1
    Last edited by Slidell Jim; 12-03-2010 at 12:12 PM. Reason: link to T-1000

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