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I wonder how much if any grief he'll get for shooting him through the door....
Well I would agree and hope so. Even more so since the story states he was initially downstairs, and ran upstairs and secured himself. Presumably meaning he saw and verified they were indeed intruders.
I wouldn't underestimate the many ways a prosecutor with an agenda might find a way to make this poor guy's life a living **** though.
That is the very last thing I'll be thinking of if intruders break into my home. For those reading this thread who didn't know, WA State is a Castle Doctrine State
Does WA law protect the home owner from lawsuits over the death? If not there can be really long term results from the resulting civil suit.
8 US Presidents have been NRA members. They are: Ulysses S. Grant,
Theodore Roosevelt, William Howard Taft, Dwight D. Eisenhower,
John F. Kennedy, Richard M. Nixon, Ronald Reagan and George Bush.
80 MILLION gun owners didn't shoot anyone today, a few criminals did!!
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The "Feedback Score" is low by 4, not everyone posts it I guess.
Deen
NRA Benefactor/Recruiter
Washington Arms Collector member
Arms Collectors of South West Washington member
Not suggesting one would think this during the event. But it will probably consume your thoughts afterwards when your story is plastered all over the news.
IMO this guy was totally justified, even more so since he clearly knew this was a break in.
Still doesn't mean this poor guy is free from headaches, lawsuit from the family, etc.
Having personally pointed a gun at my master bedroom door at 2am due to a crashing noise coming from the hallway stairs I know I wasn't thinking about it. However I also didnt fire until I knew for sure who/what it was.
The bedroom door was never broken in. Turns out it was the cat knocking the vacuum cleaner down the stairs... so I saved some bullet holes through my door/hall closet/etc.
I couldnt find a specific Castle Doctrine law for Washington. Is it called out as clearly as Texas/etc?
9A.16.050
Homicide By other person When justifiable.
Homicide is also justifiable when committed either:
(1) In the lawful defense of the slayer, or his or her husband, wife, parent, child, brother, or sister, or of any other person in his presence or company, when there is reasonable ground to apprehend a design on the part of the person slain to commit a felony or to do some great personal injury to the slayer or to any such person, and there is imminent danger of such design being accomplished; or
(2) In the actual resistance of an attempt to commit a felony upon the slayer, in his presence, or upon or in a dwelling, or other place of abode, in which he is.
Does WA law protect the home owner from lawsuits over the death? If not there can be really long term results from the resulting civil suit.
Breaking and entering an inhabited dwelling is a violent felony.. right?
Then according to the law they have passed the shoot test..
I wouldn't bet the farm on that. You still have to pass the "no more than is necessary" test. RCW 9A.16.020
If you shoot someone 10 times in the back who wasn't armed and was retreating from the house, you're still in jeopardy. The laws in WA on use of force are pretty solid. ****, if you're acquitted of homicide by reason of self-defense the state has to reimburse your legal defense costs. But you can't ice someone for wandering into the wrong house. I harp on my students constantly about Ability, Opportunity and Jeopardy. If all three are present, you're pretty well covered (as much as you can given that someone can always charge, even when they're sure to lose).
"They were in my house so I killed them," is a justification for deadly force that's likely to at the least wind you in jail for the evening even if the Prosecuting Attorney doesn't wind up pressing charges. It's VERY likely to get you in trouble in a civil trial. -Just because you technically CAN, doesn't mean it's always a good idea.
It's not as specific as some states, but it's very clear and there is lots of case law on it.
9A.16.050
Homicide — By other person — When justifiable.
Homicide is also justifiable when committed either:
(1) In the lawful defense of the slayer, or his or her husband, wife, parent, child, brother, or sister, or of any other person in his presence or company, when there is reasonable ground to apprehend a design on the part of the person slain to commit a felony or to do some great personal injury to the slayer or to any such person, and there is imminent danger of such design being accomplished; or
(2) In the actual resistance of an attempt to commit a felony upon the slayer, in his presence, or upon or in a dwelling, or other place of abode, in which he is.
Nothing is going to prevent a lawyer from bringing about a frivolous civil suit. But depending on where you are, the jurisdiction alone is a deterrent. Try bringing a civil case on a good shoot in Yakima and you will not only lose, you will also lose the counter-suit after about 30 seconds of deliberation. People won't put up with that crap here. Mercer Island on the other hand, might be a different story.
So for all you listening,the guy that broke into your house? (felony?) and has the TV in his hands?(may not be a felony if it aint worth the right amount)?
Is this justified homicide now,after reading this,if you shoot the guy?