Everett, WA (Silver Lake area) - homeowner shoots and kills intruder

[SonicBlue03]

If I lived on the west side of Silver Lake I'd probably put bars on my windows and doors to prevent this kind of thing from occuring. A shanty town of its own.

 

[pizza_pablo]

I live in the area where this happened.
#1 Don't ever, under any circumstances believe anything you read in the "Everett herald" It's owned by the Wa. Post and they have a history of printing garbage.
#2 The cops will get a search warrant if they can, it will clear up any confusion that might come up later as to weather the home owner gave permission to search.
But, watch this case closely, the prosecutor up here in Snohomish county has a history of charging victims in self defense cases.

Probably the same 'prosecutor' that was on King 5 news at 10pm, that night, stating that homeowners do not have a right to protect property and should run out the back door and call police!
RCW 9A.16.110
contradicts the run and call advice.
What a clown! :angry:

 

[Cougfan2]

This one is especially good.

That quote just made me want to puke.

 

[Capn Jack]

Greet them with a smile and offer them the "Family Jewels"

Like the man says "We deal in lead friend".

Jack...

 

[Jammer Six]

Probably the same 'prosecutor' that was on King 5 news at 10pm, that night, stating that homeowners do not have a right to protect property and should run out the back door and call police!

I searched King5's site, and could not find any story with an interview with a prosecutor.

I'd like to see it, do you have a link to it?

 

[ATCclears]

I think I found the mentioned video. Link is here:
<broken link removed>

The quotes seem to come from a former Prosecutor, and not the current Snohomish County Prosecutor.

I'm not defending the comments made in the video - just want to ensure we've all got our facts straight on here.

 

[JeremyK]

This one is especially good.

its good to know that in these uncertain times, there is still no shortage of idiots...

 

[Jammer Six]

Thank you for the link.

It does not quote a prosecutor saying that homeowners " ... do not have a right to protect property and should run out the back door and call police!"

Hyperbole makes us all look like fools in the eyes of the opposition.

Hearing what you're listening for rather than what's said will leave you in ignorance.

 

[gunnails]

Thank you for the link.

It does not quote a prosecutor saying that homeowners " ... do not have a right to protect property and should run out the back door and call police!"

Hyperbole makes us all look like fools in the eyes of the opposition.



Hearing what you're listening for rather than what's said will leave you in ignorance.

=====================================================

Correct, a former prosecutor was quoted saying many things, among those was you can not shoot someone for simply breaking into your home or running away with your TV (I am paraphrasing) also quoted as saying in a burglary situation you should walk out your back door and then dial 911 (paraphrasing again).

I would suggest that Pizza Pablo was not that far off in his account of the news story, certainly not far enough off to be subtly called foolish and ignorant. IMHO

 

[pizza_pablo]

=====================================================

Correct, a former prosecutor was quoted saying many things, among those was you can not shoot someone for simply breaking into your home or running away with your TV (I am paraphrasing) also quoted as saying in a burglary situation you should walk out your back door and then dial 911 (paraphrasing again).

I would suggest that Pizza Pablo was not that far off in his account of the news story, certainly not far enough off to be subtly called foolish and ignorant. IMHO

Thanks, gunnails!

 

[ironmike86]

Interest to see what happens. Not a Castle Doctrine State. But right to stand ground. If he wasn't threatened they may charge him?? Hope not.

 

[ATCclears]

An update.
Slain burglary suspect had 'crazy eyes,' Edmonds homeowner tells police | HeraldNet.com - Local news

 

[bikejunkie]

Too bad the homeowners are going to have a long legal battle to get their guns back and stay out of jail and monetary jeopardy because they made the right decision in putting these to scumbags down. If enough criminals pay the ultimate price, perhaps at least some will chose a different profession. If someone breaks into my home when I'm there, they're leaving in a body bag...

 

[Jammer Six]

I don't see any indication of a long legal battle, and neither do you.

 

[pietro beretta]

There's no such thing as a "citizen's arrest" in Washington.

I am not a lawyer and it is not my intent to give anyone advice.

Citizen Arrest in Washington State

Under Washington law, a private person can conduct a citizen's arrest for a
misdemeanor if the misdemeanor:
(1) was committed in the citizen's presence and
(2) constituted a breach of the peace.
See State v. Gonzales, 24 Wn. App. 437, 439,
604 P.2d 168 (1979); Guijosa v. Wal-Mart Stores, 101 Wn. App. 777, 791, 6 P.3d
583 (2000).

A person can also conduct a citizen's arrest for felonies.
See State v. Malone, 106 Wn.2d 607, 724 P.2d 364 at FN1 (1986) citing State v. Miller, 103
Wn.2d 792, 698 P.2d 554 (1985) and State v. Gonzales, 24 Wn. App. 437, 604
P.2d 168 (1979).

RCW 10.04.020 provides for a citizen's arrest at the direction of a district
court judge, as follows: Arrest -- Offense committed in view of district judge.
When any offense is committed in view of any district judge, the
judge may, by verbal direction to any deputy, or if no deputy is present, to any
citizen, cause such deputy or citizen to arrest such offender, and keep such
offender in custody for the space of one hour, unless such offender shall sooner be
taken from such custody by virtue of a warrant issued on complaint on oath. But such person so arrested, shall not be confined in jail, nor put upon any trial, until
arrested by virtue of such warrant.


While Washington has no statute concerning citizen's arrests generally,
RCW 9A.04.060 provides that the common law is applicable where not repugnant
to the provisions of the state constitution or statutes.
Gonzales, 24 Wn. App. at 439; State v. Miller, 103 Wn.2d 792, 795, 698 P.2d 554 (1985).

Application of the common law doctrine of citizen's arrest is demonstrated
in the synopsis of the case below:

Instruction on lawful arrest in prosecution for third degree assault,
arising from defendant's resistance to apprehension by store personnel, did not
improperly state the law; although language was taken from statute which sets
forth defense available to store personnel who have detained a suspected shoplifter,
statutory language was consistent with common-law right of citizen arrest which
permits detention of a suspected shoplifter on reasonable grounds. State v. Jones
(1992) 63 Wash.App. 703, 821 P.2d 543, review denied 118 Wash.2d 1028, 828
P.2d 563. Assault And Battery 96(3); Criminal Law 808.5

 

[bikejunkie]

Oh I doubt this cat is gonna get a grand jury "No True Bill" anytime soon even though it sounds like a justifiable shoot- and then he'll have to deal with the certain civil suit that will follow, because that's how America works these days unfortunately. I'd rather spend $10k on lawyers than end up dead or crippled because some hood broke into my place while I was home and I didn't act anyway.

 

[SonicBlue03]

handgun + suppressor + shovel = no civil suit.

My math may be off, but I'm pretty sure it's only off by very little.

 

[Toxic6]

This one is especially good.

I think I just threw up a little.....how are people who think that way even still alive (poor, innocent criminal err....victim). Darwinism should have weeded them out long ago.

"HI, FRIEND! You go ahead and help yourself to my stuff. Maybe my wife and daughter can keep you occupied whilst I proceed across the street to call the authorities. Have a wonderful day!"

 

[Jammer Six]

Civil suits are not certainties.

I dismiss such chatter as hyperbole and arm waving until papers are served.

No one here has any way of knowing what is going to happen. Let us know when the first piece of sky actually hits the ground.

 

[pietro beretta]

Civil suits are not certainties.

As a lawyer stated while taking the concealed permit safety course at the Multnomah county sheriffs office, "great class but you forgot one thing, you can guarantee a civil suit if you do use lethal force."

(I am not a lawyer, and I am not giving any kind of advice)