Murder Charges

[Old rookie]

Apparently, Mass. looks at things COMPLETELY differently than Oklahoma? Any lawyers around to speculate about what if's in Oklahoma???
I haven't been able to find much detail about Oklahoma's Castle Doctrine that would clarify the actions of either the trespasser or the home owner. Doesn't felony breaking and entering require actual physical trespass into the property?? Isn't that the prerequisite for Castle Doctrine to be enforceable? I think this particular topic needs more info about Oklahoma, considering how much rural and semi-populated areas we have.

 

[YukonGlocker]

Being "in the process of" entering counts in Oklahoma. If someone is "attempting to enter", you can *legally* assume he/she intends to do you harm.

 

[dennishoddy]

Being "in the process of" entering counts in Oklahoma. If someone is "attempting to enter", you can *legally* assume he/she intends to do you harm.

We had an incident in Ponca similar to this. Drunk guy beating on the door. Homeowner called 911, and had them on line. Dispatcher was told by the homeowner that he was armed and going to shoot the guy if he got through the door. Then you hear a bang in the audio. Dispatch asks what was that? Homeowner said he made it through the door so I shot him, then you hear sirens in the background.
I posted the 911 audio on here a year or so ago.

 

[NightShade]

Being "in the process of" entering counts in Oklahoma. If someone is "attempting to enter", you can *legally* assume he/she intends to do you harm.

Correct, you don't even have to have a closed door. Basically someone entering your home without permission coming through an open door or window can be construed as having the means and the will to do harm. It's just a hard judgement call to shoot through a door when you can't clearly identify a target (Be sure of your target and what's beyond it.) But waiting till the door is open is tough too when you can expect possible harm.

But from what I can see in a quick search MA castle law has no where near the protections ours does.

If a criminal is unlawfully in your dwelling, and shows intent to inflict serious bodily injury or death upon you or any other individual lawfully in your dwelling there is no duty of said occupant to retreat from the criminal unlawfully in that dwelling.



Please note: If the criminal intruder is not threatening death or serious bodily injury, the occupant will not be covered by this law and could be charged with murder or manslaughter for using deadly force against said criminal. To be protected by this law an occupant that is prosecuted for using deadly force has the burden of producing a claim of self-defense. Once the occupant shows proof it will be upon the prosecution to prove otherwise.

 

[Old rookie]

Makes me REALLY, REALLY happy I'm in OKLAHOMA!!!!! FOR SURE!!!!

 

[Pokinfun]

We had an incident in Ponca similar to this. Drunk guy beating on the door. Homeowner called 911, and had them on line. Dispatcher was told by the homeowner that he was armed and going to shoot the guy if he got through the door. Then you hear a bang in the audio. Dispatch asks what was that? Homeowner said he made it through the door so I shot him, then you hear sirens in the background.
I posted the 911 audio on here a year or so ago.

When I started reading this thread it reminded me of your post last year. Seems like it was a pretty harmless drunk Indian guy at the wrong house that got shot. I saw a guy on Sheridan road, having road rage, lean in a guy's open passenger window. I thought, man that guy is lucky no one had a gun.

 

[dennishoddy]

When I started reading this thread it reminded me of your post last year. Seems like it was a pretty harmless drunk Indian guy at the wrong house that got shot. I saw a guy on Sheridan road, having road rage, lean in a guy's open passenger window. I thought, man that guy is lucky no one had a gun.

If I remember right, the drunk threatened the homeowner if he didn't open the door. He continued to beat on the door until it opened.
I didn't know the victim was Native American.

 

[Pokinfun]

If I remember right, the drunk threatened the homeowner if he didn't open the door. He continued to beat on the door until it opened.
I didn't know the victim was Native American.

that seems right about making a threat. I prefer to be called an Indian, or American Indian, but never Native American.

 

[NikatKimber]

Unless it was a glass door, I wouldn't shoot through it. But it would still be hard to rule against the homeowner.

We don't know what kind of door it was. My back door and bedroom doors both have enough glass to fully identify whoever is standing on the other side. Head to toe. If someone broke those panes while I was standing there telling them to go away, I'd be shooting. My side door has a large glass window. Right now it has blinds on it, but if they weren't there, it would still be enough to see who was on the other side. Both myself *and* the person on the outside could see each other.

Just like with the Pharmacist here in OKC, I don't understand the "Murder" charge. (note: not comparing this to that incident, just the charges). In both cases the one charged with murder did not instigate the event.

Was death a steep penalty for a minor drinking? Yes. But it was the penalty brought about by his own actions.

 

[NikatKimber]

When I started reading this thread it reminded me of your post last year. Seems like it was a pretty harmless drunk Indian guy at the wrong house that got shot. I saw a guy on Sheridan road, having road rage, lean in a guy's open passenger window. I thought, man that guy is lucky no one had a gun.

What did being Indian have to do with it?

I'm not going to be filling out a form if someone is banging on my door.

********
*Banging and screaming*

"Sir, what color is your skin?"

*More banging and screaming*

"Are you Black? White? Red? Yellow? Orange? Crimson and Cream? Oh, sorry dude, I don't like OU fans..."

*Blam!*