MWC man shoots a guy in his house

[inactive]

He is lucky that he encountered some common sense cops that didnt charge him with anything.

Cops arrest and detain offenders. They enforce the laws, yes. But judges and courts handles the "charges." This is not meant to devalue our LEOs, but I think they will understand what I mean by this statement.

Don't think the district attorney is incapable of reviewing this and charging him at a later time,

 

[RaysZ71]

I agree, if I was outside and saw someone in my house I would never go in, he should have waited for the police

If my family and I come home and we see someone inside. I park down the street, lights off, stake out style, call 911 and wait. If Im already in my home and someone enters, very simple, you are dead. Hard to justify self defense when you intentionally put yourself in danger. Delay force should be the last resort, not confront a burglar and then shoot at him as he's fleeing, that's not a treat. I don't see how that shooting would be justified. Just my opinion though.

 

[DaveTec]

Yes, that's well and good, but what if you suspect/expect your teenager (or other family member) is at home?

I'll go inside, and confront.

 

[jcbarlow]

Don't listen to this advice. It is incorrect.

+1
It's awesome when people post wrong information on really important topics

 

[LightningCrash]

+1. People seem to miss the first part of the OK statute that reads:

The Legislature hereby recognizes that the citizens of the State of Oklahoma have a right to expect absolute safety within their own homes.

If you stroll or drive up to your house, and see someone has unlawfully entered and is robbing you, you are not within your own home. Your safest and most legal option is to get the hell away from there.

The absolute safety statement is not a modifier there, though. It's just a recognition, a mission statement if you will.

You are given the presumption of fear of imminent great bodily harm upon someone breaking into your dwelling. The presumption means that you do not have to prove in court that you held said fear, before you are given the benefit of the protection of the further clauses. The prosecution will then have to prove in its entirety, beyond a reasonable doubt, that you did not hold a fear of imminent and great bodily harm. Without the presumption, you have a crap load of work to do and the prosecution has little.

If you stroll up and see that someone is inside your otherwise empty home, but you are outside and safe inside your vehicle, you are safe beyond a reasonable doubt at that time.

I'm sure most Okies would still no-bill, but who cares? If my family is safe, that's a checkmark next to my first objective. No sense putting that objective at risk by barging into the house.

 

[RaysZ71]

Yes, that's well and good, but what if you suspect/expect your teenager (or other family member) is at home?

I'll go inside, and confront.

Of course I'll go in in that situation. I was only talking about an empty house that can be replaced including everything in it. Why would I risk my life for that?

 

[Old Fart]

Well hopefully more details will come out and we'll know more of what actually happened.

 

[LightningCrash]

I was just wondering the same thing. There is nothing in my house worth killing somebody over. Now, if I am in my house and you come in, well, then, that is a horse of a different color.

Mine is sort of like that... my SD plan involves some serious turtling. As long as my kids are safe, I don't give a crap about the rest of the house, cart it off. I have insurance.
If they try to smash that door going to me and the kids, though... 00 3" Mag will smash back.

 

[TerryMiller]

I wonder what kind of exchange went on after the incident between the shooter and his wife.

Did she chew him out for going into the home, leaving her outside (and possibly unprotected)? After all, what if "Dreadlock Dude" had overcome the "resident" and taken his handgun? Then go outside to find the lady on the phone in the driveway?

I'm afraid that this "resident" goes into the category of "Loser".

 

[tRidiot]

"I'm sorry, officer, I thought my buddy Johnny who lives across town had used his key to come in and borrow some tools... he does that all the time. I went in to make sure he didn't need a hand carrying stuff out when some maniac attacked me and I had to shoot him... good thing my wife was still outside checking the mail when this all happened, or she might have been in the house, too!"