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Homeowner could faces charges in shooting
WCNC-TV (North Carolina) ^ | 9/12/06 | Glenn Counts

Posted on 09/13/2006 10:03:11 AM PDT by kiriath_jearim

MONROE -- A burglary suspect is dead after the homeowner opened fire. It happened Monday morning in Waxhaw.

Now, the district attorney is working to figure out if the homeowner was protecting his family or if he was protecting his property.

How the DA’s office answers that question will determine if the shooting was a legal case of self-defense.

Union County deputies arrived at the home on Locklyn Road around 12:30 a.m. Monday. John David Mobley, 38, had been shot. Paramedics tried to save his life, but were unable.

“It’s not worth a life,” said Mobley’s Aunt Mary Wheeler. “It’s like you see a dog and you don’t want him on your land and you shoot him.”

She and other family members are questioning why Mobley was killed.

Deputies said Mobley was breaking into some cars that were owned by homeowner Lonny Kirkley. Police said Kirkley grabbed a gun and went outside to investigate.

“At some point Mr. Mobley exited the truck, the homeowner fired one time, striking the subject," said Ben Bailey of the Union County Sheriff’s Department. “The suspect ran, fled the scene and was found about 40 yards away.”

Mobley had just been released from prison a few months ago. He had been arrested for drugs, drug paraphernalia and resisting an officer.

Friends of Mobley said he was no stranger to trouble, but he did often help the elderly with raking leaves and cleaning up around their yards.

While his family recognizes Mobley’s past, they think the homeowner should be prosecuted. Wheeler wants the homeowner to be charged.

“I’m 74-years-old and I want justice,” Wheeler said.

The Kirkley family was not available for comment, but deputies said they were completely cooperative in their investigation.

The DA is waiting on the medical examiner's report to see if Mobley was shot in the back while running away.

That determination is a key piece of evidence because the law does not consider a suspect who


TOPICS: Constitution/Conservatism; Crime/Corruption; Government; US: North Carolina
KEYWORDS: banglist; ncarmedcitizen
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To: AmericanChef

-“It’s like you see a dog and you don’t want him on your land and you shoot him.”-

Whooo ... careful there - there are radicals on this board who insist that harming animals is a death penalty offense where you should be denied bail and sent to a mental institution without trial for "evaluation" as was done in the gulags of the soviet union.


41 posted on 09/13/2006 10:26:54 AM PDT by TimesDomain (www.timerealms.com)
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To: kiriath_jearim
Friends of Mobley said he was no stranger to trouble, but he did often help the elderly with raking leaves and cleaning up around their yards.

That's called casing the joint.

42 posted on 09/13/2006 10:27:22 AM PDT by Osage Orange (The old/liberal/socialist media is the most ruthless and destructive enemy of this country.)
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To: pissant

I helped build my house, my father (a contractor) built it for my Grandma. When she passed my wife and I bought it from her estate. I was in college working for him at the time.


43 posted on 09/13/2006 10:27:29 AM PDT by Hydroshock ( (Proverbs 22:7). The rich ruleth over the poor, and the borrower is servant to the lender.)
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To: pissant

Most guys in construction don't call it spackle.


44 posted on 09/13/2006 10:27:55 AM PDT by Toby06
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To: stuartcr; Squantos

Neither my Ford nor my Toyota are worth killing over.



I concur sir, however, my Chevy, that's a different matter.


45 posted on 09/13/2006 10:29:26 AM PDT by TEXASPROUD
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To: pissant
“It’s like you see a dog and you don’t want him on your land and you shoot him.”

No, it's like you see a criminal who, with malice of forethought, entered your land with the intention of robbing you and you shoot him when he decides to attack you after been caught in the act.

Self-defense. Case closed.
46 posted on 09/13/2006 10:29:36 AM PDT by msg-84 (Semper Fidelis)
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To: kiriath_jearim
“It’s not worth a life,” said Mobley’s Aunt Mary Wheeler. “It’s like you see a dog and you don’t want him on your land and you shoot him.”

She and other family members are questioning why Mobley was killed.

Are these folks saying theft is OK because they don't have anything worth stealing?

47 posted on 09/13/2006 10:29:48 AM PDT by <1/1,000,000th%
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To: kiriath_jearim

"She and other family members are questioning why Mobley was killed."

Let me help, because he deserved it.


48 posted on 09/13/2006 10:29:49 AM PDT by No Blue States
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To: Hydroshock

Cool beans. It's always nice to have enough varity in your skill-set (even if its a small ammount of skill) so that you can get things done without having to call in specialists to do something that could be easy/routine. (ie being able to change the oil in your car.)


49 posted on 09/13/2006 10:29:49 AM PDT by OneWingedShark (Q: Why am I here? A: To do Justly, to love mercy, and to walk humbly with your God.)
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To: pissant

What's spackle anyway? :0 )


50 posted on 09/13/2006 10:30:19 AM PDT by geezerwheezer (get up boys, we're burnin' daylight!!!)
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To: kiriath_jearim
Now, the district attorney is working to figure out if the homeowner was protecting his family or if he was protecting his property.

Does it matter? The homeowner stopped the commission of a crime during the event. This should be the end of the discussion right there. I don't care if the criminal was only taking the NRA sticker off the back of the home owners truck.

If you don't want to be SHOT at, don't try and steal other peoples stuff. You may not think their "stuff" is worth your life, but the owner may not feel the same way.

51 posted on 09/13/2006 10:30:59 AM PDT by Dead Corpse (Quam terribilis est haec hora)
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To: pissant
Yes, the only problem with the 12 guage is the mess it will leave. LOL

just do to them what they would've done to you had the guy survived. sue next of kin for biohazard cleaning and replacement costs.
52 posted on 09/13/2006 10:31:40 AM PDT by absolootezer0 ("My God, why have you forsaken us.. no wait, its the liberals that have forsaken you... my bad")
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To: Toby06
This is spackle.

Can be found in Pelosi's makeup bag.

53 posted on 09/13/2006 10:32:08 AM PDT by pissant
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To: dfwgator

Caseing the joint is more like it. Helping the elderly get rid of their stuff and money...


54 posted on 09/13/2006 10:32:13 AM PDT by toomuchcoffee
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To: Oberon; TimesDomain

The dog comment was taken from the article, sorry! I was commenting on it.

Shooting dogs: not good. Shooting criminals on your property: good.


55 posted on 09/13/2006 10:33:32 AM PDT by AmericanChef
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To: Hydroshock

Good for you.


56 posted on 09/13/2006 10:33:41 AM PDT by pissant
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To: msg-84

The dog has more value.


57 posted on 09/13/2006 10:34:28 AM PDT by pissant
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To: kiriath_jearim

"Mobley had just been released from prison a few months ago"

Oh poor thing.


58 posted on 09/13/2006 10:34:39 AM PDT by VU4G10 (Have You Forgotten?)
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To: geezerwheezer

Oh jeez, geez.


59 posted on 09/13/2006 10:35:05 AM PDT by pissant
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To: AmericanChef

Shooting neither dogs nor people is ever intrinsically good, I think...but both are sometimes necessary.


60 posted on 09/13/2006 10:35:14 AM PDT by Oberon (What does it take to make government shrink?)
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