Kansas homeowner arrested for shooting two intruders.

[jarhead983]

http://www.ksn.com/news/local/story...ing-two-intruders/Hv076V1FiU6TFBD5c11r0g.cspx

...Doesn't this differ from Oklahoma's stance if on your own property?

Here the act of breaking and entering is proof enough. That being said, shooting at fleeing suspects should not be done. Of course shots in the back happen all of the time due to a criminal turning at the last second. I would suspect there would have to be significant evidence that the homeowner was shooting a fleeing suspect before a DA would prosecute. Most juries would side with the homeowner, so a DA would not try a weak case.

 

[skyydiver]

One of the losers was obviously "face"ing him. Maybe he missed that one once.

And Beck, that's not entirely true in OK inside one's home. There is a presumption that unlawful entry means intent to do harm.

 

[Glocktogo]

In Oklahoma-you still have to prove to a jury that this person/intruder was in the intent of doing you bodliy harm or intented to kill you. If you put a hole threw his head and he didnt have any weapons or wasnt walking out with your property then you "could be" brought up on charges. If you dont kill him and you cant prove the harm or theift then he could sue you for the injuries while being on your property. Your going to stand trail, whether your in the right or not.

Much wrongness in this post.

 

[RaysZ71]

In Oklahoma-you still have to prove to a jury that this person/intruder was in the intent of doing you bodliy harm or intented to kill you. If you put a hole threw his head and he didnt have any weapons or wasnt walking out with your property then you "could be" brought up on charges. If you dont kill him and you cant prove the harm or theift then he could sue you for the injuries while being on your property. Your going to stand trail, whether your in the right or not.

Negative ghost rider.

 

[orangevale]

How about some “light”; here is Oklahoma’s “Make My Day” Law. Notice paragraphs B and F.

Oklahoma Statutes Citationized
Title 21. Crimes and Punishments
Chapter 53 - Manufacture, Sale, and Wearing of Weapons
Oklahoma Firearms Act of 1971
Section 1289.25 - Physical or Deadly Force Against Intruder

A. The Legislature hereby recognizes that the citizens of the State of Oklahoma have a right to expect absolute safety within their own homes.
B. A person is presumed to have held a reasonable fear of imminent peril of death or great bodily harm to himself or herself or another when using defensive force that is intended or likely to cause death or great bodily harm to another if:
1. The person against whom the defensive force was used was in the process of unlawfully and forcefully entering, or had unlawfully and forcibly entered, a dwelling, residence, or occupied vehicle, or if that person had removed or was attempting to remove another against the will of that person from the dwelling, residence, or occupied vehicle; and
2. The person who uses defensive force knew or had reason to believe that an unlawful and forcible entry or unlawful and forcible act was occurring or had occurred.
C. The presumption set forth in subsection B of this section does not apply if:
1. The person against whom the defensive force is used has the right to be in or is a lawful resident of the dwelling, residence, or vehicle, such as an owner, lessee, or titleholder, and there is not a protective order from domestic violence in effect or a written pretrial supervision order of no contact against that person;
2. The person or persons sought to be removed are children or grandchildren, or are otherwise in the lawful custody or under the lawful guardianship of, the person against whom the defensive force is used; or
3. The person who uses defensive force is engaged in an unlawful activity or is using the dwelling, residence, or occupied vehicle to further an unlawful activity.
D. A person who is not engaged in an unlawful activity and who is attacked in any other place where he or she has a right to be has no duty to retreat and has the right to stand his or her ground and meet force with force, including deadly force, if he or she reasonably believes it is necessary to do so to prevent death or great bodily harm to himself or herself or another or to prevent the commission of a forcible felony.
E. A person who unlawfully and by force enters or attempts to enter the dwelling, residence, or occupied vehicle of another person is presumed to be doing so with the intent to commit an unlawful act involving force or violence.
F. A person who uses force, as permitted pursuant to the provisions of subsections B and D of this section, is justified in using such force and is immune from criminal prosecution and civil action for the use of such force. As used in this subsection, the term "criminal prosecution" includes charging or prosecuting the defendant.
G. A law enforcement agency may use standard procedures for investigating the use of force, but the law enforcement agency may not arrest the person for using force unless it determines that there is probable cause that the force that was used was unlawful.
H. The court shall award reasonable attorney fees, court costs, compensation for loss of income, and all expenses incurred by the defendant in defense of any civil action brought by a plaintiff if the court finds that the defendant is immune from prosecution as provided in subsection F of this section.
I. The provisions of this section and the provisions of the Oklahoma Self-Defense Act, Sections 1290.1 through 1290.26 of this title, shall not be construed to require any person using a pistol pursuant to the provisions of this section to be licensed in any manner.
J. As used in this section:
1. "Dwelling" means a building or conveyance of any kind, including any attached porch, whether the building or conveyance is temporary or permanent, mobile or immobile, which has a roof over it, including a tent, and is designed to be occupied by people;
2. "Residence" means a dwelling in which a person resides either temporarily or permanently or is visiting as an invited guest; and
3. "Vehicle" means a conveyance of any kind, whether or not motorized, which is designed to transport people or property.

http://www.oscn.net/applications/oscn/DeliverDocument.asp?CiteID=69782

 

[Cinaet]

The homeowner was charged with aggravated battery, posted a $1,000 bond, and released.

That'll teach him to get robbed in the middle of the night.

 

[Isha's Pa Pa]

Super Dave, you can make sausage and sell the excess to the public ala MOTEL HELL

That wa a good movie farmer Joe's Beef Jerky !

 

[cpd23]

All I can say I would rather be judged by twelve than carried by 6.

 

[Biggsly]

Super Dave, you can make sausage and sell the excess to the public ala MOTEL HELL

That movie is awsome.

 

[HMFIC]

Reading the article and listening to the video, this is absolute BS.

They say the man awoke to three or four robbers in the house and started shooting. They arrested two of the suspects who were in one car and went to the hospital and the other one or two are still on the loose in a different car.

They keep mouthing about Kansas law not allowing deadly force to protect property and not being allowed to shoot someone who is running away, but they make no claims other than the arrest to support that being what happened. In fact, if you're awoken to 3 or 4 criminals in your home, isn't the idea to protect yourself from them?

I'm appalled. Let's hope the DA decides to drop the case and save this man any further problems.