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
He should be given a medal, not prosecuted. Even if he shot the bastard in his back running, as far as I'm concerned.
I don't give a shi'ite how old you are, and you already got justice.
Come to TX, here if they are in your house nothing is said unless your weapon is crew serve or belt fed.
This family's gene pool needs to be drained. Good start.
Raise a decent kid and you'll get justice. Otherwise, expect justice to be delivered to your scum.
If he's prosecuted, I'll gladly contribute for his defense.
Nah, I like dogs. Your scumbag criminal nephew on the other hand...
No way should this homeowner be charged.
LOL!
-“It’s like you see a dog and you don’t want him on your land and you shoot him.”-
Hardly. A dog is just a dumb animal and goes where it can go. A criminal knows he shouldn't be on someone else's property, stealing their stuff, and they go and do it anyway because they want other people's money. It's not like they don't know the risks.
I'm soooo sure the poor lad just wanted money for a new rake for his elderly friends. Uh-huh.
Justice is, no charges files.... Downside, NC is being overrun by NY and Northeast liberals who lack common sense.
Did he also write children's books, like Tookie?
This is your brain on liberalism.
"Now, the district attorney is working to figure out if the homeowner was protecting his family or if he was protecting his property."
This seems to put them well on the way to the system of defense used in the UK. Since when does a DA not think it is appropriate for citizens to protect their property...Oh yeah, never mind....
Oh, well then.....
"My baby dint hurt NOBODY!!!"
He was a real Robin Hood!
The law must give a homeowner every reasonable leeway when criminals involved in criminal acts are on a homeowner's property. Period.
In texas, they allow you to track them down shoot them and toss them in the Pecos river. My kind of justice.
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