View Full Version : Possible Castle Doctrine case?
I just saw this report. I know it's early, but this looks very similar to what we've seen before with these type of cases. I just thought this would be something to keep an eye on, although I don't know the laws for SC.
http://www.foxnews.com/story/0,2933,445870,00.html
EKUgrad
11-01-2008, 12:36 PM
Unless there is significantly more to the story, invoking the Castle Doctrine as a defense here is a disservice to the intent of the law. There is a fundamental difference between someone knocking on your door or ringing the doorbell and kicking in a door, breaking the window, etc and trying to gain access.
Unless there is significantly more to the story, invoking the Castle Doctrine as a defense here is a disservice to the intent of the law. There is a fundamental difference between someone knocking on your door or ringing the doorbell and kicking in a door, breaking the window, etc and trying to gain access.
How so? The guy here in Lexington was killed for knocking on the wrong door. All this guy would have to say here in KY is that he saw 3 people in masks coming to his door and he felt his life was in danger.
EKUgrad
11-01-2008, 02:42 PM
How so? The guy here in Lexington was killed for knocking on the wrong door. All this guy would have to say here in KY is that he saw 3 people in masks coming to his door and he felt his life was in danger.
Art, buddy, come on.... Halloween, no one forcing entry into the house... was he worried that they would steal something off of his porch? After knocking first? I am a firm believer in the right to shoot, maim, or otherwise punish as seen fit anyone who poses a real threat to self, loved ones, and property -- but to shoot someone through the door on Halloween demonstrates at the bare minimum a fundamentally inadequte capacity for judgment, in which case one forfeits their rights to firearms. As I said, unless this neighborhood has a history of violent crime (which it sounds like it did not), where the man had a reasonable and justifiable historically driven reason to fear for his personal safety, shooting someone through a closed door is inexcusable.
Murder is not the appropriate charge (stupidity probably is a better fit); from a legal perspective a form of manslaughter is probably more appropriate. Sad case all the same.
Art, buddy, come on.... Halloween, no one forcing entry into the house... was he worried that they would steal something off of his porch? After knocking first? I am a firm believer in the right to shoot, maim, or otherwise punish as seen fit anyone who poses a real threat to self, loved ones, and property -- but to shoot someone through the door on Halloween demonstrates at the bare minimum a fundamentally inadequte capacity for judgment, in which case one forfeits their rights to firearms. As I said, unless this neighborhood has a history of violent crime (which it sounds like it did not), where the man had a reasonable and justifiable historically driven reason to fear for his personal safety, shooting someone through a closed door is inexcusable.
Murder is not the appropriate charge (stupidity probably is a better fit); from a legal perspective a form of manslaughter is probably more appropriate. Sad case all the same.
There is little info about this case being released. All I'm saying is that for all we know this situation could mirror the one in Lexington to an extent. Why a murder charge so soon in this case vs. other similar cases? I think it will be interesting to follow this one, and all other such cases. Either this guy was a psycho or he feared for his life and shot first without rationally thinking the situation over.
Haves
11-01-2008, 03:15 PM
How so? The guy here in Lexington was killed for knocking on the wrong door. All this guy would have to say here in KY is that he saw 3 people in masks coming to his door and he felt his life was in danger.
Oh come on!! I hope you are kidding. That is a pathetic argument to use on Halloween when a 12 year old kid is shot trick or treating. There is an expectation that somone will knock on your door at 8:30 on Halloween.
As a gun owner, and with the facts we have so far.....this guy should be hung. He has gunned down a child and done damage to every one of us who owns a firearm for legitimate protection.
Let me know if anymore info comes out, I'm braiding a rope.
turkeytalker
11-01-2008, 03:28 PM
How so? The guy here in Lexington was killed for knocking on the wrong door. All this guy would have to say here in KY is that he saw 3 people in masks coming to his door and he felt his life was in danger.
Are you serious? Why are you still trying the Lexington case Art? I'd really love to see your facts about that case and if you feel that strong about them, then maybe you should have presented them to the grand jury.
Are you serious? Why are you still trying the Lexington case Art? I'd really love to see your facts about that case and if you feel that strong about them, then maybe you should have presented them to the grand jury.
The only fact I care about is that the guy was shot through the locked door. We've been through this, I knock on lots of doors after dark, that's why it concerns me and has my interest in every case that isn't cut and dry.:)
Oh come on!! I hope you are kidding. That is a pathetic argument to use on Halloween when a 12 year old kid is shot trick or treating. There is an expectation that somone will knock on your door at 8:30 on Halloween.
As a gun owner, and with the facts we have so far.....this guy should be hung. He has gunned down a child and done damage to every one of us who owns a firearm for legitimate protection.
Let me know if anymore info comes out, I'm braiding a rope.
I'm just saying... A lawyer could get him off based on what we know from the basic info. Like I said, the shooter could have been a certified psycho off his meds, BUT it's possible that trick or treating hours were over and he thought this was a home invasion. Maybe the kid was 6 feet tall? Until we find out more, I can assume there's a possibility that this guy just used his gun as a first resort, just like the guy in Lexington. Either way, two innocent people are still dead, not much difference there.
turkeytalker
11-01-2008, 05:57 PM
The only fact I care about is that the guy was shot through the locked door. We've been through this, I knock on lots of doors after dark, that's why it concerns me and has my interest in every case that isn't cut and dry.:)
I'd change jobs if i was that concerned. Heck why not transfer to Chicago or D.C.? I'm sure you'd feel all nice and secure there.
This sounds nothing like the Lexington case whatsoever.
I just read where the shooter is saying that he though he was being robbed. He says he has been shot and robbed in the past. It would strike me a little strange if a car pulled up in front of my house and a 12 year old boy and his father came to my door, certainly NOT normal.
I'd change jobs if i was that concerned. Heck why not transfer to Chicago or D.C.? I'm sure you'd feel all nice and secure there.
This sounds nothing like the Lexington case whatsoever.
It sounds very much like the Lexington case to me. 2 shooters thought they were being robbed, neither were, both shot first and asked questions later. 2 innocent people are dead. You guys took up for the shooter the first time around, now you want to hang this guy.:confused:
turkeytalker
11-01-2008, 06:03 PM
It sounds very much like the Lexington case to me. 2 shooters thought they were being robbed, neither were, both shot first and asked questions later. 2 innocent people are dead. You guys took up for the shooter the first time around, now you want to hang this guy.:confused:
I'm still taking up for the first guy,dont know enough about this yet. I see your already posting facts only available to you though.
I'm sure you can find someone who agrees with you on the Castle Doctrine here
http://www.millionmommarch.org/chapters/contact.php?chapter=139
I'm still taking up for the first guy,dont know enough about this yet. I see your already posting facts only available to you though.
I'm sure you can find someone who agrees with you on the Castle Doctrine here
http://www.millionmommarch.org/chapters/contact.php?chapter=139
What facts are only available to me? Is your internet broken or something? The guy in Lexington knocked on the wrong door and was shot THROUGH the door, that's a fact. What I posted about this other case came straight from the headlines. Here's a link for you....www.Google.com :D
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