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Clark County man accused of murder following shooting outside his home

Discussion in 'Legal & Political Archive' started by keystir, Jan 30, 2013.

  1. keystir

    keystir Hillsboro, OR Active Member

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  2. Kevinkris

    Kevinkris Aloha Well-Known Member

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    sounds like conflicting stories. the guy was shot in the chest while he walked away from his home? i dont know how you walk away from someone and still get shot in the chest. a guy comes up to your home and you dont know him, start fighting and defending yourself to an absolute is a bad thing?

    sounds like he is getting the shaft for protecting his home.
     
    Stomper, Caveman Jim, Redcap and 3 others like this.
  3. civilian75

    civilian75 Hillsboro, OR Well-Known Member

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    I'd like to think he was protecting his wife and family inside the house.

    With the current state of the Law, a home owner is better off barricading inside, wait for the prowler to become and intruder, which kind of sucks. It is dark, with an intruder in his property, it is not easy to assess "motive, means and opportunity". The advantage should go to the home owner.
     
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  4. chemist

    chemist Beaverton OR Well-Known Member

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    There's an eyewitness who said the prowler was walking away when he was shot - after assaulting Doucette and leaving him on the ground.

    What shocks me is that the comments on KATU are so uniformly negative. It was a car prowl gone bad followed by an assault, and the criminal got shot. The Prosecutor must have heard something from witnesses he didn't like, charging Doucette with Murder II instead of Manslaughter. The commenters are all piling on.

    Doucette is not some kind of loser. He's a Marine, he did a tour in Afghanistan, he's been working a lousy job as a security guard for 4 years, and he's been married for 7 years. What he does not have is a criminal record - nada. I think a lot of people reflexively hate his appearance because he's obese.

    I'm going to be paying attention to this one: the testimony of the ME will be crucial to the case.
     
  5. CoastRange57

    CoastRange57 Western Oregon Bronze Supporter Bronze Supporter

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    Forensics tell the whole story. You simply cannot shoot somebody when they are walking away from you even if they just did kick your a*s or rip off your car. That simple. Knowing the ROE and threat levels and your response to them is key to staying out of jail.
     
    evltwn likes this.
  6. PMKN_PI

    PMKN_PI Milwaukie, Oregon, United States Active Member

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    this is why we NEED Castle Law in Wash and OR.....but progressives love criminals,victims, dead women and children, and hate gun and property owners, and too many progressives occupy the walls of power here, so its unlikely to happen.
     
  7. CoastRange57

    CoastRange57 Western Oregon Bronze Supporter Bronze Supporter

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    Again, Oregon law is pretty clear about when you can use deadly force. Just because someone is on your property trespassing is not a sufficient threat level to use deadly force. You can certainly challenge them, and even confront them outside, but blasting them just because they are there is not going to make it with the DA. If yo had the opportunity to remain in your house, and not confront the threat since they were not harming your family, then dude would be eating dinner at home tonight.

    If they are making forcible entry to your home, that is a different story. I will challenge them from within the house and call the police, but probably just staying put, well armed inside, unless they decide to break in. Then it is on. Whole different level of threat and response required then.
     
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  8. Kid@Heart

    Kid@Heart Vancouver, USA Cynic Lifetime Supporter Diamond Supporter

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    Once again...

    You should never, ever, ever leave your home to confront a prowler. Nothing good will come from it.


    Quoting Oregon laws and Statutes are an interesting exercise in "what-if" debate. However, I'm pretty sure Vancouver is still in Washington and none of those statutes count for a bucket of warm spit.
     
  9. PMKN_PI

    PMKN_PI Milwaukie, Oregon, United States Active Member

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    if the guy was up to no good, he deserves to die. The answer is clear. Want to live? Dont go stealing other peoples stuff.
     
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  10. civilian75

    civilian75 Hillsboro, OR Well-Known Member

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    Again, it was dark, Form a distance, the neighbor may think the prowler was walking away. To the home owner, it may have looked differently.
     
  11. CoastRange57

    CoastRange57 Western Oregon Bronze Supporter Bronze Supporter

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    Oh well my bad....I am just going to go out on a limb here and say that Washington likely has a very similar law that says you can't blast some one that is not physically posing a threat to you or your family. If Washington has such a law that permits it, feel free to link us up with that one.

    And your point about leaving your house is spot on.
     
  12. CoastRange57

    CoastRange57 Western Oregon Bronze Supporter Bronze Supporter

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    Several interesting replies here. Goes back to my point about watching what you post on the internet, may bite you later on.
     
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  13. Mark W.

    Mark W. Silverton, OR Bronze Supporter Bronze Supporter

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    You can walk away from someone while facing them. Gee I sure can. And if someone was pointing a gun at me I think I might just be walking backwards.

    I'll bet this boils down to the homeowner shot the guy when the homeowners life or to the life of another person was not being threatened.
     
  14. HahnsXD

    HahnsXD Battle Ground WA Active Member

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    Was the assault a felony act? If so, he may have a leg to stand on.
     
  15. duane black

    duane black Washington Well-Known Member

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    RCW 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 or her 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 or her presence, or upon or in a dwelling, or other place of abode, in which he or she is.


    [2011 c 336 § 354; 1975 1st ex.s. c 260 § 9A.16.050.]
     
  16. Dunerunner

    Dunerunner You'll Never Know Well-Known Member

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    I guess then all you can do is tell the person to get off your property. Then retreat into your house and hope he/she doesn't douse it with gasoline and light it on fire or follow you into the house before you have time to call 911. Of course the Police will investigate when they respond.......... the next day.

    My hope is that this guy did the right thing and is exonerated. Another black mark for gun owners if not.
     
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  17. duane black

    duane black Washington Well-Known Member

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    Read (2) a few times in my link above, wa justifiable homicide law is actually pretty strong in my opinion.

    Sent from my Nexus 7 using Tapatalk 2
     
  18. hermannr

    hermannr Okanogan Highlands Well-Known Member

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    This was on the Spokane news, they used the "while walking away" statement. We'll see, and we'll also see what happens later and who was this "witness"? The bad guys accompless?. Consider RCW 9A.16.110

    Anyway, Clark co and Vancouvor are pretty much extensions of Portland...the people in political office are anti's.
     
  19. trekkerpaul

    trekkerpaul Portland metro Active Member

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    I find it sad that the way the article is framed is confusing at best. The pictures they used of both people are lame. The shooter looks like a fat jeffrey dahmer crazy with no expression on his face in an orange jail jump suit and the dead criminal's picture looks clean cut and smiling. Typical media BS. The shooter should have known better than to leave the home to confront anyone.
     
  20. Redcap

    Redcap Lewis County, WA Well-Known Member

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