Seems as if law enforcement wants you to call 911 before defending yourself

[davidmcbeth]

http://misguidedchildren.com/justice/2013/11/maryland-man-shoots-home-intruder-charged-with-murder

The state has charged Matthew Pinkerton with 2nd Degree Murder. Their sole basis for this charge is that he should have called 911.


Guy shoots intruder in his house, gets charged with murder.


Assistant State’s Attorney, Glen Neubauer, maintains that he should have called 911, and that even the act of grabbing the gun in the first place is “bizarre behavior in itself,”

Its simple then, disconnect the phone system and the homeowner can do NOTHING...

 

[lockman]

And the state cites what law compelling you to call 911, let alone own a phone?

 

[Citizen]

And the state cites what law compelling you to call 911, let alone own a phone?

Maryland was once a must-retreat state; don't know if it still is.

 

[swinokur]

Not in your home. No statute but case law.

 

[Kopis]

I dont know if what happened was right/wrong but there is obviously more to the story. Her husband is stationed overseas and the deceased was staying with her for "moral" support? He also staked out the house the night of the shooting? Sounds like he was hooking up with her then was mad her husband came back and she chose to stay with her husband. At any rate though...... If he was sleeping with a war vet stationed overseas, that's a shltty thing to do.

 

[CT Barfly]

Definitely more to the story. As with most things, it depends where you're measuring from. It sounds like this guy had plenty of time to call the police before having to use deadly force, but he elected not to.

Was he reasonably in fear of someone he (and his wife) apparently knew?

 

[Kopis]

Was he reasonably in fear of someone he (and his wife) apparently knew?

I think this is the issue at heart in this situation. He may be hard pressed to prove he was in fear of his life from someone whom he not only knew but had previously lived at his house.


The wife is staunchly defending her husband so we may never know what really happened but it's pretty obvious she had "something" going with the deceased.

 

[CT Barfly]

I think this is the issue at heart in this situation. He may be hard pressed to prove he was in fear of his life from someone whom he not only knew but had previously lived at his house.


The wife is staunchly defending her husband so we may never know what really happened but it's pretty obvious she had "something" going with the deceased.

The guy with the gun can't "set up" a scenario in order to end up using apparently justified deadly force. There certainly seems enough doubts about the reasonableness for a skeptical prosecutor to get an indictment.