testtest

Self-Defense: Garage Invasion & Excessive Force

Talyn

Talyn

SAINT
Founding Member

We discuss whether this garage invasion incident was justified self-defense or an example of excessive force.​

NOTE: A related incident like this happened in my area several years ago. The difference is the home owner was p*ssed over past thefts in his subdivision so he set-up a trap to entice entry into his garage by leaving the door open at night while he waited with a shotgun. Some curious college kids investigated one night & he killed on, claiming he was defending his property. Needless to say he's spending time in the state pen now.

gundigest.com

Self-Defense: Garage Invasion & Excessive Force

We take a look at a garage invasion incident and discuss whether it was a case of self-defense or excessive force.
gundigest.com gundigest.com

1716829020419.png
 
I probably wouldn’t be pushing it say in most places the homeowner would not be charged. That said why put yourself in that position over property. Lock your damn doors! But if you want to pay an attorney or use whatever self defense insurance you have so you

We had a similar incident except one guy that had a record he broke in to a detached barn/body shop he worked at homeowner went out at 3 am to investigate kid ran past bumrushing the guy to flee knocked guy down glasses off guy instinctively hip shot a 30-30 at a blurry figure running away by that time was outside the doorway outside. Bullet entered back of head dead right there. Prosecutor said homeowner had right to be there suspect did not. I’m sure there might have been a force disparity issue.

As someone that’s been mirandized in a couple use of force incidents myself I would not want to take my chances in other jurisdictions
 
JMHO Justified, yes yes and yes. MY OPINION NOT A LEAGEL POINT. Don't care they were running away. They entered his home/domain to do harm. Not what I would do but the system wouldn't want me on a jury of the homeowner either. ;) I'm getting tired of thug rights, while the real victim gets everything, he/she did, has done/said in the past, under a microscope, looking for fault so the victim can take the blame and the thug get off.
 
Castle and SYG ( in Missouri ) extend to your vehicle, your garage and anywhere you legally have the right to be.

That said I found the article pretty accurate. He shoots at the second guy while he's still in the garage and frankly in that moment it's likely he would be unable to determine if that second guy was a threat or not so I call the first 2 justified.

In Missouri and in most free states the guy would be in the clear I think. That said, I don't know that I could force myself to shoot at someone who is fleeing unless they are shooting at me while they're doing it. Unless it's someone I set out to kill, for instance if the guy just killed my family or raped my wife or daughter. No way I'm just letting that guy get away.

In this situation I think after the first guy I would have stopped and certainly I would not have been shooting at anyone outside running away.
 
You must log in or register to reply here.
Back
Top