If police can (and do) use this excuse, why not private citizens?
They might. Convict or not convict, she was apparently not in fear for her life when she shot. She’s probably in for six figures of legal costs, though, either way.
I wouldn’t.
Makes you want to pay a carjacker to carjack the judge doesn’t it?
Washington state? 50/50
And he should demand a jury of his own peers, not the victim's peers.
“But police later searched the car and didn’t find a weapon.”
The car was/is the weapon. It is not beyond a perp to drive him over or ram him.
Cops get away with this excuse every day. Why can't we?
Unfortunately but in most states its illegal to defend your property by shooting the thief.Now if the owner of the vehicle was standing in the front of the vehicle in his driveway and the perp attempted to run him down.This would probably have a more positive outlook for the property owner.
Unfortunately I think he’s toast.
Washington state law (I think, current. via Google). It would seem that the shooter has a legal leg to stand on. Personally, I think lethal force is only justifiable in the face of potentially lethal force.
RCW 9A.16.050
Homicide — By other person — When justifiable.
Homicide is also justifiable when committed either:
(1) In the lawful defense of the slayer, or his or her husband, wife, parent, child, brother, or sister, or of any other person in his or her presence or company, when there is reasonable ground to apprehend a design on the part of the person slain to commit a felony or to do some great personal injury to the slayer or to any such person, and there is imminent danger of such design being accomplished; or
(2) In the actual resistance of an attempt to commit a felony upon the slayer, in his or her presence, or upon or in a dwelling, or other place of abode, in which he or she is.
AND
Certain property is considered special and it is automatically a felony to steal such property. The Revised Code of Washington 9A.560.65 makes it a Class B felony to commit theft of any motor vehicle, regardless of that vehicle’s value. Under 9A.56.300, it is also a Class B felony to steal a firearm of any value. If more than one firearm is taken, the theft of each firearm is charged as a separate offense.
Read more: What Constitutes Felony Theft in Washington State? | eHow http://www.ehow.com/info_8484497_constitutes-felony-theft-washington-state.html#ixzz2UmW3WLnB
“Will a jury convict him?”. Answer, NO! But, he will have to pay for a defense which will cost him thousands.
The thief's grandparents, who raised him, called him a "sweet kid" who made some mistakes in life.
"I know taking the car was wrong, but it's not a capital crime he needed to be executed for."
Yeah, a real sweet kid. A question, Grama: How does a sweet kid have multiple run-ins with the law and you still call him a sweet kid? BTW, he wasn't executed. He was shot while caught in the act of committing a crime and Gail had every right to do what he could to stop the "sweet kid".
You own a gun you need to know all the laws of your state.
I love South Carolina. Protect your property and self.
“Gail said he saw Brendon raise his arm in his direction; he thought Brendon had a gun. “
If a cop shot someone under the same circumstances it would be legal.
First of all, some on this thread are under the impression that the shooter is a woman; it was a man. Anyway, the guy had left his car running in front of his house (stupid, and illegal in Washington). And as far as the furtive movement, the thief was shot in the back of the head as he was driving away - in fact, he actually made it several blocks before running into a utility pole. It seems unlikely that a person running out of their house would be able to see any kind of movement through the tinted back window and past several headrests.
NO, and a grand jury shouldn't indict.
The Spokane boys are trying to “send a message”. Don’t shoot Obama voters while they are in the act of committing a felony.
remote start with automatic door locking...it’s a wunnerful thing.
That's why you keep a cheap throwaway around, which you've never handled without gloves (the ammo as well).
If he is lucky enough to get an informed juror on each jury, and he has enough money to hold out, he will be free but broke.