Sweet Home man uses gun to capture suspect

ZachS · Jun 1, 2010

SWAT members set up a perimeter and made repeated attempts to contact Holley; it was later determined he fled prior to their arrival. Hours later, at 12:25 p.m., neighbor Dwayne Clark, 53, who lives about a mile from the suspect's residence, telephoned the sheriff's office.

Holley, he said, had shown up at his residence and he was holding the man at gunpoint.

parsons_12b · Jun 1, 2010

I went to school with that cat he did not always make good choices back then either

hsullyc · Jun 1, 2010

Ya,He's still a tool......

parsons_12b · Jun 2, 2010

yes he is I was trying to be polite being a public forum and all.

CEF1959 · Jun 2, 2010

Very cool story. But before people get all giddy about the idea of making a citizen's arrest at gunpoint, it's not so easy. If the guy had said, "Up yours," and taken off running, the neighbor would not have been entitled to shoot him just to stop him from getting away. ORS 161.255(2). Either this BG didn't know that or didn't know if the neighbor knew that. Or maybe he was just tired of running and saw that it was useless. That happens too.

Trlsmn · Jun 2, 2010

CEF1959 said:
Very cool story. But before people get all giddy about the idea of making a citizen's arrest at gunpoint, it's not so easy. If the guy had said, "Up yours," and taken off running, the neighbor would not have been entitled to shoot him just to stop him from getting away. ORS 161.255(2). Either this BG didn't know that or didn't know if the neighbor knew that. Or maybe he was just tired of running and saw that it was useless. That happens too.

This section of the criminal code is a must read and must understand for anyone that has a gun for defensive purposes.

Justification as a defense
https://www.oregonlaws.org/ors/161.190

CEF1959 · Jun 2, 2010

Agreed, but I think that link is broken, and it's more than just ORS 161.190. The Justification section starts there and continues through ORS 161.275, available here: https://www.oregonlegislature.gov/bills_laws/ors/ors161.html We have a lot of rights regarding the prevention of crime, including the use of force. But there are important limits, described in that section of statutes.

ikari2_2000 · Jun 2, 2010

LOL, Sweet Home is a city. HAHAHA I was trying to figure out the title.

Like "Sweet, home man uses gun to capture suspect". Didn't sound right.

Then there was "Sweet, Home, Man uses gun to capture suspect", but that didn't sound right either. :s0114:

ZachS · Jun 2, 2010

CEF1959 said:
Agreed, but I think that link is broken, and it's more than just ORS 161.190. The Justification section starts there and continues through ORS 161.275, available here: https://www.oregonlegislature.gov/bills_laws/ors/ors161.html We have a lot of rights regarding the prevention of crime, including the use of force. But there are important limits, described in that section of statutes.

It's also good to remember that many important details are found in case law, not statutes.