A legitimate case of Self Defense?

[Alexx1401]

It may depend on whether the door is locked. Just walking into a house through an unlocked door may not be breaking any laws. If someone has committed breaking and entering that's a clear crime, and doing it when someone is home suggests he intends crimes worse than just burglary. Rape, abduction, kidnapping, beating, murder.

Once again this ALL goes to what the shooter says, if they start talking BEFORE a lawyer. If they stupidly tell Police, I had the door open and they walked in............... or I will talk as soon as a lawyer is present. An amazing number of people just can not stop talking before they get counsel.

 

[Koda]

Once again this ALL goes to what the shooter says, if they start talking BEFORE a lawyer. If they stupidly tell Police, I had the door open and they walked in............... or I will talk as soon as a lawyer is present. An amazing number of people just can not stop talking before they get counsel.

Its not that simple. Even if the person said nothing, there needs to be evidence of intent to commit a crime.

 

[Camelfilter]

Its not that simple. Even if the person said nothing, there needs to be evidence of intent to commit a crime.

Yup!

However blabbering away only makes things difficult for your attorney if charges are filed.

Perhaps to the point of turning a justified case, into manslaughter or worse. Even with physical evidence.

It just seems far more reasonable to me to state "I will cooperate with your investigation after I've talked with counsel (my attorney)" that's it. Perhaps look into what attorneys say as to what exactly to say.

Perhaps include statements of the like "I'm incredibly distraught having to defend myself (others, family)..." and will cooperate with your investigation after having talked with my attorney". Anything further? Simply not in the defenders interest. IMO.

Such and similar - attorneys have voiced in on Armed Citizens Legal Defense Network monthly Q&A journal in regards to such over specific cases those attorneys have dealt with.

 

[Alexx1401]

Its not that simple. Even if the person said nothing, there needs to be evidence of intent to commit a crime.

Shrug, if you wish to believe that, by all means start talking when the question you. I will not.

 

[Member 53328]

5th Amendment people.

 

[Alexx1401]

Yup!

However blabbering away only makes things difficult for your attorney if charges are filed.

Perhaps to the point of turning a justified case, into manslaughter or worse. Even with physical evidence.

It just seems far more reasonable to me to state "I will cooperate with your investigation after I've talked with counsel (my attorney)" that's it. Perhaps look into what attorneys say as to what exactly to say.

Perhaps include statements of the like "I'm incredibly distraught having to defend myself (others, family)..." and will cooperate with your investigation after having talked with my attorney". Anything further? Simply not in the defenders interest. IMO.

Such and similar - attorneys have voiced in on Armed Citizens Legal Defense Network monthly Q&A journal in regards to such over specific cases those attorneys have dealt with.

I have all my life seen people argue this point. Never quite understood why other than they are one of the many who just can not shut up when they should?
Who knows. Fact is still the same. Almost every time you see a case of a shoot that "probably" was "OK", if the shooter got into a huge jam it was due to their mouth. There are many video's of lawyers warning against this yet many will listen and tell you they know better. Hey they most likely will go their entire life and never shoot anyone so it will most likely work out for them believing they are far smarter than the lawyers. For those who do shoot, then talk, best be able to hire a good lawyer. They may need it.

 

[Koda]

However blabbering away only makes things difficult for your attorney if charges are filed.

Shrug, if you wish to believe that, by all means start talking when the question you. I will not.

To clarify I havent suggested telling everything. Theres plenty of actual legal advice from defense lawyers that have writtent about this subject I assumed most here know by now. Not saying anything can also be as bad, like if theres witnesses that are claiming you started it or something.

You were in fear for your life. you point out evidence and witnesses and the rest is for your lawyer.

Typically inside your home its just a much easier argument to defend you were in fear of your life. All Im saying is its still not an absolute. A person who only accidentally, or drunkenly walks into y our home, especially if you accidentally left the door unlocked, is not really the situation you want to claim you were in fear of your life.

 

[Certaindeaf]

 

[Knobgoblin]

5th Amendment people.

 

[Stomper]

This incident was recently listed on Google Search:

Mizzy TikTok prankster: Who is Bacari Ogarro and where is he from?

In an exclusive interview with the Independent, Mizzy said: ‘I’m a Black male doing these things and that’s why there’s such an uproar on the internet’

www.independent.co.uk

Scenario: I'm in my bedroom getting dressed, when my wife screams from the living room.

I grab my gun from it's hiding place and run into the living room, where I encounter a strange man facing my wife.

As the man turns toward my presence, I spot a bulky black object in his hand, whereas I proceed to fire three shots into him from six feet away.

The mortally wounded man falls to the floor and I notice that the object he was holding was a smart phone.

Considering the facts that:
1. My wife was screaming in shock and fear.
2. The man was obviously an intruder.
3. I originally could not tell what he was holding as I'm somewhat nearsighted and my glasses were still sitting on our dresser.

Could this be seen as anything but a pure act of self defense, in the U.S.?

This is my idea of a possible response to the irresponsible actions of this crazy TikTok poster, in the UK. One wonders if he would've had the guts to make such a move if the gun laws in Great Britain weren't so strict.

 

[Member 53328]

I have all my life seen people argue this point. Never quite understood why other than they are one of the many who just can not shut up when they should?
Who knows. Fact is still the same. Almost every time you see a case of a shoot that "probably" was "OK", if the shooter got into a huge jam it was due to their mouth. There are many video's of lawyers warning against this yet many will listen and tell you they know better. Hey they most likely will go their entire life and never shoot anyone so it will most likely work out for them believing they are far smarter than the lawyers. For those who do shoot, then talk, best be able to hire a good lawyer. They may need it.

A lot of people skipped the day in school when the bill of rights were discussed……

Add that to being intimidated by LE… a lot of people fear the "backlash" for not cooperating or answering questions. A lot of people immediately open the flood gates due to stress and panic. Once those words exit your mouth they will be held against you in court.

Also researching case law and state law can be extremely beneficial. With that said you gotta put in the work.

 

[dangerranger60]

I have all my life seen people argue this point. Never quite understood why other than they are one of the many who just can not shut up when they should?
Who knows. Fact is still the same. Almost every time you see a case of a shoot that "probably" was "OK", if the shooter got into a huge jam it was due to their mouth. There are many video's of lawyers warning against this yet many will listen and tell you they know better. Hey they most likely will go their entire life and never shoot anyone so it will most likely work out for them believing they are far smarter than the lawyers. For those who do shoot, then talk, best be able to hire a good lawyer. They may need it.

I worked a long time in a major jail, easily most of them were there because they could not shut up! DR

 

[American123]

Unknown intruder in home - check.

Family is also in the home - check.

No need to posture on the next step, but it seems to check that box all by itself given the circumstances.

If he was trying to get his merit badge he would have stayed at the front door and knocked.

 

[eustace_stelio]

If you read the ORS for limitations on the use of deadly force, section 2 states committing or attempting to commit a burglary in a dwelling. The definition of burglary according to ORS 164.215 is when the person enters or remains unlawfully in a building with intent to commit a crime therein. I've bolded the important part. Merely entering a building/dwelling is trespassing. There needs to be an additional crime for it to elevate to burglary from mere trespassing. If they broke a window to enter that would criminal mischief which is your second crime, If they were in the process of stealing something that would be your second crime - so on and so fourth.

Now, if I was in the other room and this person entered and a member of my family screamed for help, I could articulate that under the totality of the circumstances I was acting under the belief that a stranger in the confines of my home was causing harm to my family members so I used deadly force to stop the threat. This of course wouldn't work if the guy was standing in my living room just hanging out while my family member stood by screaming and I can see that my family member has not or is not about to be harmed. In the situation where the guy is just hanging out, ORS 161.225 says you can use physical force to remove a trespasser from your premises.

Yeah if someone enters my house regardless if the door was unlocked they're getting a gun pointed at them. If they make any other move besides turning and leaving odds are they're getting shot.

I'll take my chances with charges vs being killed in my own house.

 

[ma96782]

Mind you that it's NOT LEAGAL ADVICE.....
What to do after a serious incident (say a "defensive" shooting)?

Jim Dey: Right to be silent while in police custody is golden

Jun. 13—Motorocyclist Michael Pinkett was walking out of a Walmart bathroom in Pike County when a sheriff's deputy arrested him. Sgt. Matt Frazier told him "'We need to walk out of this store without making a scene,' and he did it no problem," Frazier later testified. Charged with speeding and...

www.yahoo.com

Aloha, Mark

PS.....as for the UK.....well, I can't say about that.

 

[eustace_stelio]

Mind you that it's NOT LEAGAL ADVICE.....
What to do after a serious incident (say a "defensive" shooting)?

View attachment 1437545

Jim Dey: Right to be silent while in police custody is golden

Jun. 13—Motorocyclist Michael Pinkett was walking out of a Walmart bathroom in Pike County when a sheriff's deputy arrested him. Sgt. Matt Frazier told him "'We need to walk out of this store without making a scene,' and he did it no problem," Frazier later testified. Charged with speeding and...

www.yahoo.com

Aloha, Mark

PS.....as for the UK.....well, I can't say about that.

Of course this would be in Illinois

 

[NonServiam]

Play stupid games, win stupid prizes.

Potentially dying in an attempt to chase "likes" and "follows" on social media by posting an idiotic prank has got to be one of the dumbest things I can imagine.

Enter my home uninvited for ANY reason and I promise you will regret it. If I don't kill you, you will wish I had.

 

[coop44]

The only parts left out,
Shovel, back yard, new fruit tree.

 

[OldBroad44]

The only parts left out,
Shovel, back yard, new fruit tree.

I don't advise it. It would be way too much nitrogen for the tree.

 

[OldBroad44]

Effect of too much nitrogen on plants: Shifts plant programming from sexual to vegetative reproduction. Its common for gardeners to plant their tomatoes in their ordinary garden soil, which often has too much N for tomatoes, for example. The result is tomato plants that grow like crazy and produce huge plants with much foliage, but the plants flower late or not at all, and produce far fewer flowers and fruits if they produce any. Savvy gardeners may fertilize the tomato patch different from the rest of the vegetable garden. Add less or no N and more calcium than the rest of the garden. The calcium helps prevent blossom end rot in tomatoes.

Also, these days one is not advised to create a very rich planting hole for trees, as this encourages the tree to form most of its roots in the fertile soil. This means a small shallow root ball that tends to not spread much into the surrounding soil. Almost like tge tree was planted in a pot. So the tree is vulnerable to wind and drought. And needs much more water since it doesnt have a big root system. And the wood produced by overly rapid growth has big fat cells and is less resistant to breaking and to freezes in winter. Its better to put fertilizer on top of the ground so that microbial action, worms, and rain enrich the soil overall around the tree. That way you get a big broad deep root system and the right amount of nitrogen.