It depends... I use these
Mark
Posted on 10/01/2006 9:28:04 PM PDT by baldeagle390
MILWAUKEE -- A Janesville man who admitted breaking into a home is suing the homeowner who shot him.
Kurt Prochaska, 39, was on probation last fall when he admitted he broke in to a home and was shot by the homeowner, but that's not stopping him from going after cash through the courts.
Late last year, the Rainiero family awoke to find Prochaska in their home. Michael Rainiero, a doctor, ordered Prochaska to leave. He didn't and was shot in the back.
Nearly a year later, Rainiero's attorney said it's far from over because Prochaska is suing him from beind bars, saying the doctor didn't need to shoot him.
"What the doctor wants is this whole ordeal to be ended and done with," Rainiero's attorney said.
The Milwaukee County suit claims Rainiero used excessive force to deal with the intruding plaintiff and alleges severe and permanent injuries, relentless pain, and loss of earning capacity. The suit doesn't specify a damage amount.
Rainiero claims he shot Prochaska in self-defense.
"The doctor was asleep in his bed when an intruder came into his home and put his life, his wife's life, and his two kids' lives in jeopardy," Rainiero's lawyer said.
The lawyer added that Rainiero showed restraint, not excessive force, in dealing with Prochaska. Although, he had an entire magazine of bullets, Rainiero fired only once.
The Rock County district attorney agreed, long ago ruling the shooting was justified. Still, Prochaska is able to move ahead with the suit.
"Judges like to give everyone their day in court. No matter how absurd it might seem, this gentleman has a right to have a day in court. And so, my job is to make sure that that day in court is a very short day in court," Rainiero's attorney told 12 News reporter Nick Bohr.
A hearing on the suit is set for next month. Prochaska's attorney did not wish to comment on the case.
If the case is thrown out, Prochaska can be forced to pay up to $500 of the legal expenses.
I wonder if there is an insurance policy that would cover that specifically. I doubt it, but if it was setup right, the premiums would be low. I think the NRA offers something along these lines?
That turns it from justifiable homicide into murder/manslaughter.
Not in Texas thank God.
One shot, one kill.
Three shots, no lawsuit.
I believe that a similar case happened in the mid-west (Kansas) where a farmer had shot a perp that entered his house. The perp sued and the farmer lost his farm.
It could have got a cop or fireman. There is a long history of "Man Traps" being a big time no-no
He suing because he can't burgle any more?
Walt Rauch wrote an interesting book titled, Real World Survival, What has worked for me. Lots of good, practical advice.
Moral #1: Finish what you start
Moral #2: Have a big enough gun
Why not? There's a dead body in your house, lots of blood, and you've legally and legitimately made it dead. If you don't call the cops and attempt a private disposal, all it does is raise unnecessary questions about the legitimacy of the shooting. The best thing to do is call your lawyer and then call the cops. That way you've got legal protection when you most need it and you've not done something silly that could raise questions about the legality of the shooting. I've lived here in the Knoxville, TN for about the last 19 years, there have been a number of such legal and legitimate shootings, and I don't know of one that's resulted in the shooter being prosecuted. Equally important, the fact that you called the cops can be used as evidence of your good faith in a subsequent civil case like this.
Your point is well taken. However, I would assume that the homeowner knows the inside of his castle better than the intruder. Secondly, since the homeowner was awakened, he probably has a good idea where the sound came from. That being said, the home owner could lie wait to ambush the intruder. Now, lets deepen the scenario. What if there were other household members that just got up to get a glass of milk, midnight snack, etc. unbeknownst to the homeowner. Does the homeowner shout out and summon up a challenge as to "who goes there" and give away his position? Or does the homeowner fire in the dark?
My original statement regarding racking one into the pipe sends a strong signal to the perp that you are armed and probably the second sound the perp hears is the gun being fired. Also, if the person walking around your home happens to be a family member other than your wife, you have probably just avoided a nasty accident.
To come upon an intruder in your home is dangerous enough especially when the perp thinks you will not respond. But to lay in wait quietly, a blood thirsty lawyer may consider that your actions were premeditaed.
It depends... I use these
Mark
The proper couse of action in Wisconsin would have been to collect up his wife and children, beg the burgler not to hurt them, then immediately exit their home, go to a neighbor's home, and call the police.
Mark
English Rule!!!! Make the plaintiff's attorney pay!!!
Since the perp says he was shot in the back I was tempted to make a wisecrack about the MD being a proctologi-something but I looked it up and he is a general surgeon, so I guess that sews that up.
"Empty the clip."
At which point his "grieving" relatives will crawl out of the woodwork like cockroaches and sue for using "excess force"
I think the castle doctrine is the only hope.
That or emptying clips in all the lawers.
One well-placed shot in the 'ten ring' and the prosecutor will convince the jury you are a cold-blooded, trained killer lying in wait in your home to kill some unfortunate soul.
1) Empty the magazine into the perp--even after he falls down--hey, you were scared and 'just kept pulling the trigger'.
2) Call the cops.
3) Make no statement and get a lawyer.
4) Never, ever say you are sorry or "regret the killing"--the prosecutor will use that statement to show you regret it and didn't really have to shoot the perp.
5) Buy a new gun, yours is now in police evidence and it will be years before you see it again.
I don't know anyone who has just one gun.
A friend of mine said if you know how many guns you have, you don't have enough.
BLOAT
"Accused Burglar Sues Homeowner Who Shot Him"
Showing that the homeowner needs more range time. If he'd have been a better shot, he wouldn't be getting sued right now.
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