Posted on 07/21/2014 1:38:14 PM PDT by marktwain
In this strange incident, little is said about why the intruder tried to force his way into the shooters home. All that we know is that the homeowner drove into his garage, and the intruder drove a car behind the homeowner to prevent the garage door from closing.
A verbal altercation followed, then warning shots were fired, then the intruder was shot.
The authorities are investigating the incident, which they say stems from the rather ambiguous term "road rage".
From the marinscope.com:
The homeowner, a 71-year-old man, drove into his garage, and the other man tried to drive in behind him, but the homeowner closed the garage door onto the hood of the other man's car, Cusimano said.It seems unlikely that we will find out the details of this situation, but forced entry into another man's home is an invitation for him to use force against you.
Zactly...
That would make a great sign.
2 .357’s to the belly? The second one must have gone through the first hole.
Another tale of colon resection by S&W.
If the guy likes pizza he’ll need to order BIG Bags!!!
Not necessarily. Trespassing is not enough.
Nope. Spoke about this with Don Kilmer, an attorney on the fore front for Gun Rights in CA.
It I find an intruder in my house it may be aassumed they will harm me or family.
In this instance, the aggressor made a long series of very bad decisions, including the escalation of attempting to follow his quarry into his domicile, by force.
At that point I can only assume someone that crazy means to end my life and I have the right to end his aggression at the point his vehicle enters my garage and absolutely the second he enters my shelter, cave or home...
California is the most liberal US state.
The SF Bay Area is the most liberal part of that state.
Marin County is the most liberal part of the Bay Area.
Corte Madera MIGHT be the most liberal part of Marin County. If not, it is tied for first place with a couple other areas.
This is hybrid/cheese/wine/hacky sack and NPR area non-pareil.
Never a good idea. It makes the perp think you don't have the guts to really shoot him, and it wastes a bullet you might need.
Waste of precious ammo in a life threatening situation.
They mentioned in another story that the police will be interviewing the 69 year old man in the hospital on Friday, and may arrest *him* as well, for the road rage event.
Mr. Kilmer might be a little more forgiving than the law.
Reasonableness and proportionality are two elements of self-defense law. There is a presumption of reasonableness in using deadly force on an intruder in your home, if they have forcibly entered. It won't apply just because someone is on your property. And a presumption of reasonableness is just that, a presumption. It can be overruled by evidence of unreasonableness.
It is considered proportional to use deadly force against someone who has forcibly entered your home, or entered in a violent or tumultuous manner. Again, simple presence is not enough.
A successful self-defense claim has to satisfy all elements of self-defense, of which reasonableness and proportionality are only two. But shooting a simple trespasser would likely fail both of these.
The intruder took two slugs in the gut from a .357 Magnum, and he’s still alive??? I strongly doubt the gun was actually loaded with .357 Magnum...probably .38 Short Colt or something;)
Pretty much. I've heard reports that San Francisco police will refuse to respect a valid CCW permit, which is valid statewide. Don't know but it wouldn't surprise me. I've carried in San Francisco but nobody ever knew.
Still, California does have decent self-defense laws. It has, for example, the broadest Stand Your Ground law in the country.
There might be reasons this case wasn't valid self-defense. We might not know until the trial. I note that they didn't arrest the guy right away, they investigated first. We'll just have to see.
And your post describes the chump who aggressively and wantonly chased his prey down several streets, a private driveway, under a garage door and into his abode...
The garage is another room in a house usually with a door to enter the main house.
It may be assumed that this nutcase meant to do him grievous bodily harm and self defense was the only option.
there can be no other reason for a man to follow you into your home, than he means to hurt or kill you a your death is a very real outcome of someone else’s aggression, whether intentional or not.
I would proportionalty put 9 .45 230grn JHP holes in his chest or two or three, minimum, 12 gauge 00 buck shot in the chest.
18-24 .32 caliber holes should empty him of oxygen and the ability to pursue me, in my home...
BTW, you don’t think this jack ass was a simple trespasser. ...do you?
No, it wasn't intended to. I was responding to a claim that you could shoot someone for coming on to your property.
I wouldn’t shoot someone simply on my property .
I will shoot someone who breaks into my home or follows me into my home. That! Is valid and right.
I am under no obligation to entertain him, see how far his aggression will go, forfeit my life or that of my loved ones.
Castle Doctrine.
The Castle Doctrine is what I was citing. It isn’t carte blanche.
A different article noted one in the leg. Still I bet he is not a “happy camper”.
Washington State amazingly is pretty strong for gun rights and the use of force. There was a case awhile ago where some guy wandered down the driveway of a rural home one late afternoon. The husband was out by the barn and called out “What do you want?” The guy ignored him and headed to the house where the owner’s wife and daughter were.
The owner yelled at the guy several times to stop, and the guy just kept walking. Up the walkway, onto the porch. He made it to the door, where the owner shot him in the back a few times. To me, and to the sheriff’s department, a clear case of defending your family and property.
I suppose it could have been a deaf and blind Fuller Brush salesman, but that wouldn’t be my first guess.
hybrid cheese sound nasty.
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