Homeowner Fires Gun to Stop DUII Driver After Crash

[Fisher Bill]

Saw this article on the Washington County Sheriff's News that I receive via email;

Homeowner Fires Gun to Stop DUII Driver After Crash


Just before midnight on August 7, a DUII driver traveling too fast failed to negotiate a curve and left the road

​

way on SW Hillsboro Highway. He crashed through a fence, hit a tree, and landed in a front yard, causing substantial damage. He tried repeatedly to drive out of the yard, but the two driver-side flat tires hampered his efforts. During the commotion, the property owner went outside his home with a handgun to see what was going on.



As the driver continued to recklessly drive his vehicle in the yard, the property owner fired his handgun repeatedly into the ground until the driver complied with his commands to stop. Multiple sheriff's deputies responded to the disturbance and quickly secured the scene. The driver was arrested and charged with DUII and Criminal Mischief; he has since posted bail and been released. The property owner's actions were also reviewed by the District Attorney's Office.



The DA's Office determined that criminal charges will not be filed against the property owner who fired rounds from his handgun. This is because the investigation and evidence at the scene indicated he was in fear for his safety as the vehicle continued to be driven aggressively toward him and his house.


It is extremely important that all gun owners know this decision is supported by the full facts and evidence of this specific incident, rather than those available in media coverage. (Some facts are not releasable while the criminal case is pending against the driver.)

Read More

 

[mjbskwim]

A drunk driving around in my front yard?
Yeah I'm in fear of my life

 

[The Heretic]

I thought it was a shotgun he used.

Huh

But yeah - the property owner lives down the road from me - across from the cemetery where my father and grandparents are buried.

The driver took out a good chunk of fence. Good thing he didn't hit the buffalo (they have buffalo statues at the entry to their driveway).

This is one of the reasons why I want to put good sized boulders along the my driveway and replant some trees along the road (granted, I live on a private road, but even so, one of the neighbors daughters ran off the road trying to avoid hitting a squirrel - *sigh*).

But I would not be in danger either way - even with a 4x4 they probably wouldn't make it more than 20 feet off the road through my woods - at least until we finally get a dozer here to smooth out the ruts the loggers left, and even then, even if it was light out, they would still probably hit either a stump or a tree - especially if they are drunk.

Just the same - nice big granite boulders would look nice.

 

[soberups]

I'm glad it worked out for the homeowner but I don't think its a choice I would make.

 

[mjbskwim]

I'm glad it worked out for the homeowner but I don't think its a choice I would make.

So a drunk is in your yard with the potential to drive into your house and kill someone,and how else are you planning on stopping this?
It's kinda like not shooting the guy that's stealing your microwave,cause it's just a microwave, that he could bash your head,or your child's head, in with.

 

[Sgt Nambu]

Hey Bill, is that newsletter restricted to LE or can anyone sign up for it? Certainly better than the news media! Thanks SRG

 

[Fisher Bill]

Hey Sarge,

I'm not LEO, I started receiving these monthly bulletins after I applied for my concealed carry a few years back, I went through Hillsboro and was put on Sheriff Pat Garret's news letter and I think it's evolved a bit, now it's called Sheriff's Office News.



It's full of safety tips, dos and don'ts and usually has a comic section where they highlight the stupidest crimes committed that month and how they were caught.

Here's a link to the site and I'm sure anyone can subscribe and while I was looking for this I noticed an archive so you can get caught up.

http://archive.constantcontact.com/fs131/1114870388019/archive/1115069018281.html

Bill

Hey Bill, is that newsletter restricted to LE or can anyone sign up for it? Certainly better than the news media! Thanks SRG

 

[Sgt Nambu]

^^^^Thanks, Bill! Appreciated!

 

[bolus]

Hey Sarge,

I'm not LEO, I started receiving these monthly bulletins after I applied for my concealed carry a few years back, I went through Hillsboro and was put on Sheriff Pat Garret's news letter and I think it's evolved a bit, now it's called Sheriff's Office News.

http://archive.constantcontact.com/fs131/1114870388019/archive/1115069018281.html

Bill

I get the same newsletter. I thought that this was a very reasonable article from them back in November about what to do if there is an active shooter

(towards the middle)
http://archive.constantcontact.com/fs131/1114870388019/archive/1115538987835.html

The summarizing quote:

"Practice regularly with the gun you carry. Practice regularly drawing from a concealed carry
position using the holster you will be wearing. Practice until you are proficient with your gear. Be
aware of your surroundings. Have a plan. "

refreshing to hear that message.

 

[The Heretic]

From the comments section in the Oregonian:

Use of a firearm is not justifiable under any circumstance. Mr. Attaway could have just as easily conversed with Mr. Tintera in an adult manner and convinced him to wait for the police.

If there was ever any doubt that there are Pollyannas out there who don't have a clue...

 

[40calruler]

From the comments section in the Oregonian:




If there was ever any doubt that there are Pollyannas out there who don't have a clue...

Yes it would have been just as easy to walk up to the moving car and just politely converse. Although the article says the guy was yelling for him to stop before shooting the ground I am sure a polite conversation could have happened. If the driver was sober and not driving around in my lawn I might try that. Otherwise calm and polite is out the window and this guy did what he had to do to get the drunks attention.

 

[G1GRANDEUR]

I'm glad it worked out for the homeowner but I don't think its a choice I would make.

So a drunk is in your yard with the potential to drive into your house and kill someone,and how else are you planning on stopping this?
It's kinda like not shooting the guy that's stealing your microwave,cause it's just a microwave, that he could bash your head,or your child's head, in with.

I agree with soberups.

key is leaving a distance with the threat. driver was not trying to run-over the home owner, just trying to run away from the scene.

 

[The Heretic]

It's hard to say what it appeared the driver was trying to do at the time.

It is easy for someone who wasn't there to say this or that - the people who were there are not present in this forum to defend themselves.

The authorities have since determined that the landowner did nothing unlawful and that the driver did.

The driver was arrested and charged with a felony.

Note:

161.225 Use of physical force in defense of premises. (1) A person in lawful possession or control of premises is justified in using physical force upon another person when and to the extent that the person reasonably believes it necessary to prevent or terminate what the person reasonably believes to be the commission or attempted commission of a criminal trespass by the other person in or upon the premises.

(2) A person may use deadly physical force under the circumstances set forth in subsection (1) of this section only:

(a) In defense of a person as provided in ORS 161.219; or

(b) When the person reasonably believes it necessary to prevent the commission of arson or a felony by force and violence by the trespasser.

(3) As used in subsection (1) and subsection (2)(a) of this section, "premises" includes any building as defined in ORS 164.205 and any real property. As used in subsection (2)(b) of this section, "premises" includes any building. [1971 c.743 §25]



161.229 Use of physical force in defense of property. A person is justified in using physical force, other than deadly physical force, upon another person when and to the extent that the person reasonably believes it to be necessary to prevent or terminate the commission or attempted commission by the other person of theft or criminal mischief of property. [1971 c.743 §26]

Also note, the landowner did not use lethal force, he fired into the ground, on his own property, well outside of an urban area. I live just a few miles up the road from where this took place. I grew up in this area, my family has owned property here for over 60 years, lived in and farmed the area for even longer. My father and grandparents are buried just a few hundred feet from where this took place.

I can and do shoot into the ground on my own property from time to time.

I am not going to judge this landowner for doing what he did as I might have done the very same thing given the circumstances. If nothing else, the landowner prevented the driver from driving off and possibly harming someone else, or worse, and not unlikely given the drunken state of the driver and the damage to the vehicle which was very close to the house - possibly hitting the house and injuring those inside.

As far as I am concerned, the case is closed.

 

[mjbskwim]

I agree with soberups.

key is leaving a distance with the threat. driver was not trying to run-over the home owner, just trying to run away from the scene.

Apparently y'all and soberups haven't seen or been sober for how drunks drive.Not condescending at all.I drink and never driver after.Been there done WAY too much of that.
If you have the chance to stop a drunk,in this situation,it is the best idea.He may just be coming into his drunk and start diving worse and kill others.
He is a ticking timebomb at the wheel.
It is important enough to shoot at the ground to stop him.
This is ALL first hand knowledge

 

[Certaindeaf]

Biden would be proud. Many cops will pop you in the head if you get even close to them with your auto.. and they don't generally try to stand yonder/in a "safe" place like their rocking chair.

 

[The Heretic]

Apparently y'all and soberups haven't seen or been sober for how drunks drive.Not condescending at all.I drink and never driver after.Been there done WAY too much of that.
If you have the chance to stop a drunk,in this situation,it is the best idea.He may just be coming into his drunk and start diving worse and kill others.
He is a ticking timebomb at the wheel.
It is important enough to shoot at the ground to stop him.
This is ALL first hand knowledge

Agreed.

When I was a teenager I would go out and get drunk occasionally and of course I would then drive. I never hurt anybody or got in a crash - every time I have had an accident I was sober - but I was just lucky; had I continued I would have eventually done some harm.

I had a friend who was killed by a drunk driver - hit and run - in front of his wife who was six months pregnant - as he walked down the road to get some gas (he ran out of gas). A promising life (he was talented and had just enlisted), snuffed out before its time.

So yeah, I have no, absolutely none, sympathy for people who drink and drive. Irresponsible in the least, almost always dangerous, and often criminal.

I am betting this was not the first time this guy was drinking and driving. Most of the time guys like that, are repeat offenders. If he could have, I would bet this guy would have got right back on the road and possibly hit someone instead of just taking out a fence.

 

[G1GRANDEUR]

Apparently y'all and soberups haven't seen or been sober for how drunks drive.

what I was trying to say was, he didn't have to get close to the car.

but if my pet or kid was outside already, then out come would have been different.

 

[40calruler]

what I was trying to say was, he didn't have to get close to the car.

but if my pet or kid was outside already, then out come would have been different.

What about the neighbors kid when he rolls away. Or the old lady crossing the street. He was a danger to himself and others. The firearm was used as it should be. Warning shots and that ended it.

That guy would have pulled out and likely hurt or killed someone. A vehicle is a weapon with an idiot like that behind the wheel.

 

[Gunguy45]

Hey Dumbass gun owner: Why didn't you just go back into your house? Under what law are you allowed to shoot "warning shots" to stop a misdemeanant drunk driver?

This yet another case of "The only tool I have is a hammer, so every problem looks like a nail."

I've seen half a dozen cases in the last few years where I shook my head and wondered why prosecutors didn't charge.

Hell, I'd charge this guy with "Misdemeanor Being an Idiot."

If it was really a threat to your safety, you'd have shot the guy. Because, you know, that whole INSTINCT TO LIVE thing might kick in. Nope, instead you shot a few rounds into the ground, no doubt while telling him: "And the next shot, I REALLY MEAN IT!"

No.

I don't want this guy to get a felony record or have his rights jacked up. I want someone in authority to tell him exactly WHY he is a flapping nincompoop and tell him to cool his jets. Local Infraction: Discharge of a weapon in city limits sounds about right.

 

[The Heretic]

I don't want this guy to get a felony record or have his rights jacked up. I want someone in authority to tell him exactly WHY he is a flapping nincompoop and tell him to cool his jets. Local Infraction: Discharge of a weapon in city limits sounds about right.

Maybe you didn't read the article.

Maybe you don't know the area.

The landowner is a farmer.

But this is well out into the countryside at the base of a mountain - farmland, rural, orchards, fields - no city.

Scholls is a wide spot in the road. It has a general store, a cafe, a cemetery, no stop signs or stop lights (on the main road) and a school (the only reason it has a school is because one of the founders of the community donated the land and the money to build it, otherwise it wouldn't have been built).

BTW - you weren't there - you apparently don't even know where "there" is.