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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.
(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]
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
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..
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.
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.
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.