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Homeowner shoots intruder, and he responds, 'You're gonna have to kill me.' So homeowner shoots him again, police say.

Area52 said:
There’s was no obligation for the homeowner to give a voluntary statement other than he did not give permission to the intruder to enter his home and that he feared for his life. There’s no indication if the statement was before or after attorney consultation o, no report if the intruder was armed. BTW, this goes back to the reasonable force topic from yesterdays post. Is it one of those deliberate journalistic tidbits they toss just to provoke the reader. So there’s that.

Yes, the defense will argue that the homeowner overreacted because the defendant just wanted to leave the premise after being told to do so.…blah-blah-blah, you know the drill.
As far as the homeowners statement claiming he obliged the intruders request by shooting a second time, this was a huge error as it presents itself to a spontaneous admission. Both can claim statements of duress and based on totality it sometimes doesn’t add up good for the firearm possessor.

Depending how local prosecutors roll, will they accept a pleas deal on a watered down charge just to get the matter over to the civil process of financially ruining the homeowner is always worry.
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It was stated in the news story that the criminal was armed with a knife. Armed or not if a person has been shot and is still coming at you , they are still a threat to you.
 
Grayfox said:
One bullet in him and still coming? Damn right that called for a second shot. It called for emptying the gun.
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my instructor always said to shoot until the gun is empty, if bad person is coming at you.
he also told the ladies to say on 911, i am feared for my life, cut off phone and empty the magazine into bad person
 
powerboatr said:
my instructor always said to shoot until the gun is empty, if bad person is coming at you.
he also told the ladies to say on 911, i am feared for my life, cut off phone and empty the magazine into bad person
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well, we were told (in ccw law class) to say, "i shot to stop the threat"

in a crisis, i think Massad Ayoob said to never say to investigators that you shoot to kill. under interrogation, it could come up a person saying "i was told to shoot until my gun is empty" (aka...shoot to kill)

each state's DA is going to have fun with that statement
 
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powerboatr said:
my instructor always said to shoot until the gun is empty, if bad person is coming at you.
he also told the ladies to say on 911, i am feared for my life, cut off phone and empty the magazine into bad person
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You shoot till there is no threat. That's enough. I have a 30 round mag in my AR. A 20 round mag in my M1A. 8 rounds in my 870. Should I shoot till the mag is empty? Instructors say stupid stuff sometimes. I don't know where they get such nonsense. You shoot till the threat is gone. No more. You shoot for effect. Remember, you never want to kill anyone, but in all likelihood you are going to kill them if you hit the right spots. (Training). It's why I always train with failure drills. Three shots and it's over in 1-2 seconds. If they pose a threat that justifies you using deadly force and they die, so sad but they named the tune, it's on them.
 
Here’s an update. The intruder was wanted in Ohio for the stabbing murder of a 77 year old man. The police arrived at about the same time as the homeowner took the 2nd shot and they still had to wrestle with the guy to bring him in.

fox5atlanta.com

Ohio murder suspect shot by Fayette County man defending his family during home invasion

An Ohio man, who is accused of stabbing to death a 77-year-old woman, was shot by a man defending his family during a home invasion on Thursday, according to the Fayette County Sheriff’s Office.
fox5atlanta.com fox5atlanta.com
 
powerboatr said:
my instructor always said to shoot until the gun is empty, if bad person is coming at you.
he also told the ladies to say on 911, i am feared for my life, cut off phone and empty the magazine into bad person
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Never shoot until the gun is empty unless you have to. What if there is another threat you don't see. Both of those pieces of advice are dangerous. And please don't take offense to this, it sounds like some :poop: a boog boy or internet warrior would say, not a legit instructor.
 
Bassbob said:
Never shoot until the gun is empty unless you have to. What if there is another threat you don't see. Both of those pieces of advice are dangerous. And please don't take offense to this, it sounds like some :poop: a boog boy or internet warrior would say, not a legit instructor.
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That’s why I carry a 2nd mag. For the one I didn’t see right off !
 
Bassbob said:
Never shoot until the gun is empty unless you have to. What if there is another threat you don't see. Both of those pieces of advice are dangerous. And please don't take offense to this, it sounds like some :poop: a boog boy or internet warrior would say, not a legit instructor.
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i only took the class to get my chl, he was an old dallas cop
coming from navy
i pretty much know how to stop the threat
i get kicks from the stuff he told ladies like they were not capable of defending themselves
my wife is from jersey...she does not know how to quit or back down. better bring you big boy panties you mess with her.
 
I was taught a long time ago and now I teach it to all my fellow Officers and civilians alike and that is to shoot until the threat ceases to be a threat. Whether it's one round or more. Just my two cents worth...
 
Dahlai Lama knows
 

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