It sounds like the burgler was in the street and then the car. The street is public property. If they had been on the private property it might look different.
Not to steal the thread, but to take it to a logical conclusion:
What would be the consequences if the same action had occurred in Oklahoma?
LL
What would be the consequences if the same action had occurred in Oklahoma?
LL
My dad discussed these types of situations with us from a young age. Never shoot a bad guy in the back and if he's on the run you have a pretty good chance of doing just that.
If the bad guy is no longer a threat to your safety or someone else in the immediate vicinity, deadly force is no longer an option. And a bad guy running/driving away from you and the scene is no longer a threat. If he's shooting out the window at you while driving away, or he turns the vehicle around and starts driving towards you, now he's a threat.
You can't use deadly force unless your life or someone you know's life is in immediate danger. You can not use deadly force to protect property.
"I thought he was going to kill or seriously injure me with that 80" flat screen he was carrying out of my house!"
LL
I thought this was settled. If the Barbie car is fleeing, and leaves tire tracks in YOUR grass., you are entitled to use whatever form of deadly force nessecary
Haha!!! Don't get that thread started back up!!!
Crappy situation for this homeowner. You truly don't know how you will react until you are in the situation, but we hear it all of the time: "Don't shoot unless your life is in danger"
Hopefully this is settled with nothing more than a fine.
The difference between "Danger" and "Anger" is just one little letter. When you add in the "F" word (fear) the two become hard to distinguish for most of us.
There is a reason for making it illegal to shoot at a fleeing burglar. It's a pretty logical one when you gat away from the anger/fear zone.
Having said that, I feel sympathy for the homeowner, and think his community rallying around him is commendable. I hope he gets off with minimal to no punishment and that they throw the book at the burglar they caught.
As for what might have happened if it had been in Oklahoma, depends. Where? Tulsa? OKC? Podunk? Laws are often interpreted differently in different jurisdictions.
There is a reason for making it illegal to shoot at a fleeing burglar. It's a pretty logical one when you gat away from the anger/fear zone.
Having said that, I feel sympathy for the homeowner, and think his community rallying around him is commendable. I hope he gets off with minimal to no punishment and that they throw the book at the burglar they caught.
As for what might have happened if it had been in Oklahoma, depends. Where? Tulsa? OKC? Podunk? Laws are often interpreted differently in different jurisdictions.
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