Posted on 12/17/2021 4:06:03 AM PST by marktwain
On March 5, 2019, Officer Nathan Heidelberg and another officer responded to an alarm call at about 1:16 a.m. The officers checked the backyard of the residence. They did not find a problem. The residence is a large single-family home with outbuildings. Then the officers checked the front door. They found it was unlocked. An alarm went off. The officers backed off.
Then Officer Heidelberg announced himself and attempted to enter the residence. The homeowner, David Charles Wilson, now alerted, fired a shot in the direction of the front door. The shot struck Officer Heidelberg. He was pronounced dead about an hour later. From newswest9.com:
The homeowner, David Charles Wilson, was inside the residence at this time and admitted to firing his handgun in the direction of Officer Heidelberg.
On May 2, 2019, a grand jury indicted David Wilson for the death of Officer Heidelberg. Here is the statement of Wilson’s attorney, from ketk.com:
Wilson’s attorney later said Wilson was defending his home and mistook Heidelberg for an intruder.
In September of 2019, Wilson’s attorney filed a motion to quash the manslaughter indictment stating that the alarm system in Wilson’s home had malfunctioned and mistakenly alerted the police. According to that motion, Wilson was not aware that his alarm company had called the police and the malfunctioning alarm happened in the pool house, which is on a separate alarm system from the main house.
That motion went on to state that Heidelberg and another officer first checked the backyard, but the gate was locked. The officers then went to the front of the house where they tried the front door and found it to be unlocked.
(Excerpt) Read more at ammoland.com ...
He did not have a license to grow dope.
He was therefore committing a felony.
Killing someone while in commission of a felony is felony murder.
1st degree murder.
“Man bites dog” story.
In many states, including TX, once self-defense is successfully raised as a matter in court, the defender is/may be immune from civil liability as well. After all, the court found the defender was justified and therefore the act was the dead guy’s fault.
In MO, successfully inject the defense of justification (use of force in self-defense) the defender is immune from civil suit. Of course, it is the defender who must successfully inject the lawful self-defense argument in court, usually in a criminal trial.
I used to work with a guy whose son was going to be beach, but he decided not to leave town and came back to his dad's house whom he thought was out of town. His dad was home in bed. He could not find his key, so he was entering through a window. His dad said he almost shot him.
“...both the officer and the shooter made mistakes...”
What mistake did the shooter make? The shooter had NO duty to announce anything. The LEO was entering into the house.
In retro, I agree with you!
And she just walks in your door.
Quite an imagination you have there.
Correct BUT, we are talking about “THE LAW” in that state. NOT whether it was “smart” or not.
Since he was found “not guilty” I assume he didn’t break “THE LAW” in that state.
Having been on a felony jury, I had my eyes opened as to “legal” vs should have done.
Fine, mea culpa. How about a neighbor wondering why the door was swinging open? Somebody asking for help during a breakdown, etc?
The door was not swinging open - it was closed, and unlocked.
I live in the country on a little over 8 acres. My nearest neighbor is the cemetery next door. I often forget to lock one of my doors. I even sometimes sleep with a window open (during the winter!). If I heard someone coming through my unlocked - but closed - door, the dogs would alert me first, then I’d retrieve a self defense object and ensure that whoever, or whatever, it was did not have an opportunity to harm me or mine.
But, I’ve had range time and practice with various self defense objects (pew pew’s), and know the rules - and OODA loop.
I know. Everyone on this board is super tough, ready to shoot and kill whoever, whenever and self justifying to the ends of the earth.
But if you are a person with a real soul, killing someone isn’t ever that cut and dry. And I know that people reading this will be very dismissive, but I do not think most of the people who post this stuff have ever really thought of the spiritual aftermath. Or have ever been in a situation that is real life and death.
He wasn’t in real danger and did not check to make sure. And now he has to live with the FACT that some family is going to have a really bad Christmas and a not happy New Year because he did what he had the right to do.
However, having the right to do something and it being right to do is not the same thing.
The “generic” mistake he made was that nearly ALL agree that you don’t pull a trigger on a loaded gun until you are absolutely, positively, 1,000% sure of what you are aiming at.
Now, as I said, the cops made mistakes too. The shooter is LUCKY that he wasn’t the one that is dead. I guess.
However, having the right to do something and it being right to do is not the same thing.
Agreed. However, at 1:16 AM or later in the night/earlier in the AM, if someone some swinging in my house, the dogs will alert everyone -— at which point, it’s my responsibility to defend everyone else in this house.
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