Would be robber shot, Lewis County

[LWYM425]

I heard Kiro reporting a would be robber shot to death in a home in Lewis county on the tv this morning. I can't find anything about it though. The clip from tv said they were sending a reporter there. No details.

Has anyone heard about this?

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[AKMark]

<broken link removed>

 

[chemist]

So the shooter doesn't live in the house, he just keeps his tools in it. He went there to defend his property.

The (OR) law says you can use force to keep someone from committing a property crime, but you can only use deadly force if you (or someone else) is threatened with violence.

I don't know what the Civilian Rules of Engagement are in WA.

Let's hope that the shooter has the good sense to keep his mouth shut until he's received legal advice.

 

[Atroxus]

So the shooter doesn't live in the house, he just keeps his tools in it. He went there to defend his property.

The (OR) law says you can use force to keep someone from committing a property crime, but you can only use deadly force if you (or someone else) is threatened with violence.

I don't know what the Civilian Rules of Engagement are in WA.

Let's hope that the shooter has the good sense to keep his mouth shut until he's received legal advice.

Here is the RCW for washington. In my opinion based on the information in the article the guy was probably justified. I am not an attorney and don't know all the details though so I could be wrong.

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 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.

 

[TheHossUSMC]

Shining a flashlight in someones eyes while robbing them. This guy could have a fair defense in court considering it's a well documented control tactic.

 

[ikari2_2000]

KIROTV.com
Homeowner, Fearing Burglar, Fatally Shoots Man

Posted: 7:31 am PDT April 20, 2010Updated: 9:42 am PDT April 20, 2010
ONALASKA, Wash. -- A homeowner fatally shot a man he suspected was trying to steal from him during a confrontation at a house near Onalaska Monday night, the Lewis County Sheriff's Office told KIRO 7 Eyewitness News.

Chief Deputy Stacy Brown said the homeowner, a 59-year-old man, called the sheriff's office Monday at about 5 p.m. to report that someone had broken into his house and had stolen a checkbook and a power tool.

The homeowner, who lives nearby, apparently decided to stay in the unfinished house Monday night in case the burglar returned, Brown said. The house, in the 2100 block of State Route 508, has been under construction for several years.

At about 9:46 p.m., the homeowner heard a noise, went to the garage to investigate, opened the garage door and saw flashlights shining in his eyes. He opened fire on a man who was outside the garage. The man, a 56-year-old from Morton, was pronounced dead at the scene, the sheriff's office said.

A neighbor heard the sound of a woman screaming at about 10 p.m., the neighbor told KIRO 7 Eyewitness News reporter Alison Grande.

A 31-year-old Morton woman who was with the man ran away, but later spoke with detectives. She told police she was the man's wife.

The sheriff's office said investigators don't know whether the two were responsible for the earlier burglary or why they were on the property.

Investigators with the State Patrol Crime Lab are expected at the scene at about 10:30 a.m.

Copyright 2010 by KIROTV.com. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

 

[brausso]

Good for him! One less scum bag off the streets. I'll bet the victim (shooter) is going to have a tough road ahead of him though. Doesn't sound like he was in immediate danger, just someone stealing from him and had a flashlight. The report didn't say anything about a weapon being found at the scene. Curious to see how this pans out.

 

[2506]

That's the only kind of gun control I like to see. Nice shooting.

 

[chemist]

(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.[/I]

Ah. "A dwelling in which he is." Since B&E is a felony, it sounds like that's that.

 

[LWYM425]

thanks for finding that. i'm interested in the details too.

Why would the news crew screw up a minor detail and shake their credibility... not a big deal, but kind of annoying

"Chief Deputy Stacy Brown said the homeowner, a 59-year-old man, called the sheriff's office..."
"The 58-year-old homeowner was not arrested"

 

[Blitzkrieg]

Here is the RCW for washington. In my opinion based on the information in the article the guy was probably justified. I am not an attorney and don't know all the details though so I could be wrong.

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 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.

Sloppily written, the bold part did not need to be included

 

[Atroxus]

Sloppily written, the bold part did not need to be included

Ya, I thought it was a bit redundant when I read it also. Better too much detail than not enough though in my opinion. Less chance of some whack-job lawyer trying to say it doesn't apply to this or that person because it's not spelled out specifically in the RCW.

 

[56kninja]

So.. He waited around to get robbed?

Interested to the circumstances under which he fired.

 

[longcolt]

It really is sad to see a young man lose his life over an attempt to steal tools out of the garage at a construction site. They do that a lot around my area.

But if a "reasonable man" fears for his life when confronting a bad guy, yes he does have the right to shoot. With the light in his eyes he had no idea if it was one guy or many and if they were ready to kill him.

Same deal if you wake up in the middle of the night to a sound in your home and find someone coming down the hall at you. But you better make sure its not your son or daughter coming home late or to surprise you.

Got to try to use some "Common Sense" when pulling that trigger folks!
We can only hope and pray we have the time to sort out the facts before having to fire in self defense.

 

[Blitzkrieg]

Ya, I thought it was a bit redundant when I read it also. Better too much detail than not enough though in my opinion. Less chance of some whack-job lawyer trying to say it doesn't apply to this or that person because it's not spelled out specifically in the RCW.

Many RCWs are sloppily written.. the open carry law is another great example..

 

[Atroxus]

Many RCWs are sloppily written.. the open carry law is another great example..

Yeah I hear ya. I wish they had defined what is considered to "warrant alarm" in that one.

 

[ZachS]

Our legal system was intentionally built around a lack of specific definitions. If you want a detailed civil code, they have them in France and Mexico.

 

[Blitzkrieg]

Our legal system was intentionally built around a lack of specific definitions. If you want a detailed civil code, they have them in France and Mexico.

Is there a specific point you're trying to make here?

 

[Stomper]

It really is sad to see a young man lose his life over an attempt to steal tools out of the garage at a construction site. They do that a lot around my area.

I don't consider a FIFTY SIX YEAR OLD perpetrator a "young man"... I'm amazed he made it to that age with that sort of modus operandi...

 

[Stomper]

Our legal system was intentionally built around a lack of specific definitions. If you want a detailed civil code, they have them in France and Mexico.

LOL... civil codes like, "thou shalt not touch a bar of soap, for in that day thou shalt SURELY die"?