Posted on 08/04/2007 5:16:44 AM PDT by radar101
SAN DIEGO – Neighbors shot and killed a man violating a restraining order early Friday after his ex-girlfriend found him inside her University City apartment, police said. William and Nicole Porter, both 22, were each booked on one count of murder, Capt. Mary Cornicelli said. The 47-year-old victim hasn't been identified
Ah yes, no break-up is complete without a restraining order. ;-)
Good thing the neighbors were exercising their 2nd amendment rights
I can understand carrying here in SoCal where you can hardly go to the store without seeing gang bangers somewhere along the way; but what threats are there in Utah?
It sounds like the “victim” threatened to kill the Porters. If that it true, it looks like self defense to me.
If someone pounded on my door and threatened to kill me and my wife while violating a restraining order, I think I would take my chances with the jury.
He needed to be a bit quicker on the draw and opened the door with gun blazing, then maybe pull him inside.
Don't be so sure...particularly if it's true that the dead guy was heard yelling "come on out,I'm gonna kill you".
Count on the defense trying to get as many women on the jury as possible and count on them pointing out every time the dead guy even *looked* at a woman the wrong way...particularly the one who had the restraining order.
The women went to them for help, the dead mope followed and threatened to KILL them. Even the Cop said they feared for their life. and per the Cop the guy attempts to hold the mope for the cops and gets attacked. Don't you think the mope was going for the guy's gun, I do. as its not like the woman had the restraining order against the mutt for nothing.
Plus 'Murder' indicates premeditation (in most states). The couple had the guns for self defense - which they surely needed given the 'facts' printed. I say charge the couple with Littering and be done with it.
The only thing this case proves is that old adage is true -- 'No Good Deed Goes Unpunished'.
There doesn't have to be a known treat for a reason to carry.
I live by the 'better to have it and not need it than need it and not have it' rule.
Sounds like manslaughter to me.
1am in the morning, awakened by their neighbor. Not exactly “waiting for the chance”. Although an extreme measure was taken in this incident, on first blush I’m inclined to side with the shooters. It was, after all, the perpetrator who appears to be guilty of breaking & entering, burglary, assault, trespassing and of course, violating a restraining order.
The "fighting words" defense died a long time ago. It may still exist somewhere, but it's even been thrown out in Texas so I'm certain it doesn't exist in Kalifornia.
I'm just going on what the story said, which is that the guy banged on the door and yelled, then left. The other guy took it upon himself to go down and escalate it. We'll see how it pans out.
Bush’s buddies he has streaming in across the border make up a good part of the crime. Good to have a 9mm, or .45 handy for just one of those moments that it may mean weather you survive, or not. Better to be tried by twelve, than carried by six.
I don't see this quote as "fighting words" but rather as just another indication of how dangerous a "reasonable person" could have seen him as being.If there *ever* was a homicide victim who deserved to be put on trial it's this filthbag.
Why not defense of a third party. In Texas, you can use deadly force to defend a third person if they would have been justified in using it to defend themselves. Although in this case he seems to have been defending himself and his wife as well.
Does yelling "Come on out. I'm going to kill you" count? Somebody says they are going to kill someone, and there seems to some immediacy in the declaration, I'd say that's sufficient.
However as others have pointed out, he, his wife and the woman the guy was after, should have bunkered up and waited for the police, if the police got there quickly enough, fine, if the guy came on again, then they could both shoot him.
But they had guns, in California, the coastal part, they're toast.
Brilliant and brave, that.
I hope you never get into a situation where you cannot cry for help.
"I politely asked him to leave and was guiding him off the property so he would not trip on the uneven sidewalk. He then lunged at me and attempted to take away my gun and kill me with it. Fortunately, my friend on the balcony was able to shoot him and, as he weakened, I was able to slooooowly turn the barrel of the gun away from my face to his body (just like in the movies) and I squeezed the trigger with the last ounce of strength I had left. I barely escaped with my life. I am soooooo traumatized by the ordeal. My Inner Child will never recover. "
That's my story (California Coast version) and I'm stickin' to it.
(Do NOT try this version in the South. You will hang for the Inner Child part.)
They said there was no sign of a firearm, but that doesn't mean he wasn't armed, say with a 2x4 or a big rock. But even if he wasn't armed, he could still cause the husband grievous bodily harm or even kill the husband.
I really don't care if the woman shot from 300 yards away to defend her husband, if she was defending him, she was defending him.
He may have shown bad judgment in not holing up in the apartment, but he didn't commit murder if the guy was attacking him.
BTW, that was good shooting on the part of the wife. Downhill shot from a goodly distance, at night. The police believe she got at a least one hit.
The guy is a casualty, no way he's a victim. He initiated the affair.
Trust me a guy just yelling is nothing to fear.
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