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
I think you are on to something.
Same here in Alabama. Mess with my car and I am not prosecuted or subject to civil suits if I kill you.
My neighbor, who is from New Zealand, asked me to explain the new 'right to defend' law that recently passed. I told him if you're inside my fenced yard, you're a target
"Fasten your safety belts and cleanse your bottoms. It's going to be a bumpy ride!"
As a dad, I have 2 basic rules for my kids. Don't mess with other people, and don't mess with other peoples stuff. If this boys mama and (likely absentee) dad had those rules, and trained the kid well, he'd still be alive.
We don't even hear from Mama in this story. Whatta ya bet she's in jail.
Can't anyone read? The thief was not in the house.
From the report: "Kirkley grabbed a gun and went outside."
so? what's the problem? Family and friends of the deceased are hereby instructed to pay for all costs associated with his criminal act...next case please.
It is good to have more then one skill in this world.
Neither my Ford nor my Toyota are worth killing over.
It's not the Ford or Toyota, it's the scum roaming the streets making life miserable and costly for all of us. This scumbag wasn't stealing food for his family, he was preying on victims he cared nothing about and targeted on a regular basis.
Glad he's gone, a gain for civilized society...next case please.
Yep. A friend of mine last month heard a noise areound his cars he came out with his shotgun and saw someone trying to get in ot his ute. He pumped the slidand yelled at him and I quote, "This kid took off running like he should be in the olympics or something."
Good man! I keep a 9mm in the car since I travel so much. Keep a double-barrel 12 guage at home. First barrel has #4 shot. May not kill 'em, but they will wish they were dead. Second barrel has 00 buckshot. IF they manage to get up from shot #1, they won't from shot #2.
As for mess, I figure it is much easier to clean up the mess than explain to relatives why I didn't do more to stop some scumbag from hurting someone I love. I can buy clorox and paint, but not another loved one.
As for IT guys and spackling, I am an IT guy and have designed & built several homes in my time. Of course, I also hunt & fish, enjoy woodworking and did home repairs when I was out of work for a while.
My wife calls me a redneck computer geek! :)
I believe self-propelled weapons are also exempt........
But small anto armor weapons such as a panzerfaust, rpg, and law are permitted. But they are hared on the wood work.;)
Are you familiar with various state laws where you travel, assuming your travels take you out of state? Some states will honor your states carry laws and some will not. If you enter my state with a loaded gun in your car you are committing a felony, no matter where your permit is from.
I live in 2ond. amendment non believing Illinois.
Amended -
Unless you are a cop. By Federal law all cops are permitted to carry in all U.S. states.
OK. "Justice" means that whoever was in charge of raising this crook go and personally apologize to the homeowner for the trouble caused by failing to do so,
What do you have against people who live downstream from you?
“It’s like you see a dog and you don’t want him on your land and you shoot him.”
Well, if I should ever see a dog breaking into my car.....
Sorry. Leave them in a cotton field for the buzzards better?
OK. Heck, in some cultures that's a religious tradition.
In Texas you can shoot to defend property outside. Had a famous case in Dallas where a black man killed three white men who were stealing his expensive hubcaps in an apartment parking lot.
On the news, one of the white trash wives of the thieves sobbed, "It was only property." Poor baby.
A grand jury no-billed the hubcap owner. Love a happy ending.
Put me on the jury and this man will NOT be found guilty. And I won't give a hang what the judge thinks.
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