Rogers County Sheriff's Office was the responding agency
It started after vehicles had sped through the neighborhood for the second time and a neighbor's wife, hollered at them to slow down.
Two cars came back to Abshire's house, cussed his wife and attacked his neighbor.
I know this is just a news story (very few actual facts) but these two steps seem like a pretty big step.............
Someone else said it best. There is always more to the story. Especially when "the story" comes from the news.
BC
Two cars came back to Abshire's house, cussed his wife and attacked his neighbor.
I know this is just a news story (very few actual facts) but these two steps seem like a pretty big step.............
Someone else said it best. There is always more to the story. Especially when "the story" comes from the news.
BC
I agree with jspanier, the laws need to be clarified to protect the homeowner. Also the D.A. in claremore is an idiot for prosecuting this case.
It looks like he may be in for some of Rogers County tax money
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.
Stand your ground law in red
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.
Stand your ground law in red
A person can sure read a lot into that law. That has to be a lawyers dream.
I believe every word of it, and will take all that into consideration, but if a fist fight comes down, they can be shot?
I realize one punch could cause death or serious injury, but I'd have a real hard time shooting somebody with that threat. I'm a Vietnam war vet, so take that as you may......The aftermath of taking a life whether justified or not, is one of the things that you will have to live with for the rest of your life, and WILL affect you until the day you die. I've seen a lot of bravado type statements, and in most of those the person would have a perfect reason to take the shot, but I'd hope most will think ahead of time and try to diffuse the situation by what ever reason possible.
Nobody is going to call you a coward because some drunk redneck came out of his pick em up truck and screamed at you. You can retreat, and call 911. You don't have to according to the law, but would you want to lose your house, and pay attorney fees, and all the nightmares that go along with it??? I saw no reason why that couldn't have been done at the start of the altercation, but it escalated into a total confrotation where the macho crap comes into play.
the statment "I ain't backing down from anybody" has caused a lot of problems. Assess the situation and if you can back out, and your family will appreciate you for it as you may still be around to support them.
I believe every word of it, and will take all that into consideration, but if a fist fight comes down, they can be shot?
I realize one punch could cause death or serious injury, but I'd have a real hard time shooting somebody with that threat. I'm a Vietnam war vet, so take that as you may......The aftermath of taking a life whether justified or not, is one of the things that you will have to live with for the rest of your life, and WILL affect you until the day you die. I've seen a lot of bravado type statements, and in most of those the person would have a perfect reason to take the shot, but I'd hope most will think ahead of time and try to diffuse the situation by what ever reason possible.
Nobody is going to call you a coward because some drunk redneck came out of his pick em up truck and screamed at you. You can retreat, and call 911. You don't have to according to the law, but would you want to lose your house, and pay attorney fees, and all the nightmares that go along with it??? I saw no reason why that couldn't have been done at the start of the altercation, but it escalated into a total confrotation where the macho crap comes into play.
the statment "I ain't backing down from anybody" has caused a lot of problems. Assess the situation and if you can back out, and your family will appreciate you for it as you may still be around to support them.
I would gladly take a black eye over the taking of a man's life.
Sticky material as well...
and you have taken plenty of black eyes too, from me
+100000
...As I always say in my classes, sometimes it takes more courage to leave for fear of looking like a coward than to stand and fight a foolish battle.
I have never had to pull my CCF and hope I never will. I also feel that if one ever has to, even though they may win with their life, they may loose everything else in the process.
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