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Widow sues homeowner in husband's death
Buffalo News ^ | January 15, 2011 | Dan Herbeck

Posted on 01/15/2011 8:13:37 PM PST by seton89

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To: seton89

How long before standard self-defense measures include not getting the police involved when you defend yourself?

I’ve had my house robbed. The guy was caught red-handed fencing my stuff and had a long rap sheet. Yet it took 7 years and 9 appearances by me for him to eventually be held accountable.

Knowing what I know now, I’m not sure I’d opt for a 7 year ordeal if I were to stumble upon someone robbing my house sometime in the future.


61 posted on 01/16/2011 5:43:13 AM PST by RFEngineer
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To: muawiyah
Was the door open or unlocked?

I'm sorry, but if someone comes walking into my home uninvited, I'm going to assume he's up to no good and protect myself and my family. To do otherwise would put us at risk.

62 posted on 01/16/2011 5:43:30 AM PST by CAluvdubya (Don't retreat...reload!.....and no, I'm not changing my tagline! Pray for Sarah and her family)
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To: muawiyah
“And, if you screw up and kill somebody just because he made a mistake and came in your front door rather than his own, you could very well find you'd messed with the wrong family.”

Incorrect. Someone breaks into your home, or enters without permission and doesn't leave, if you are in fear of your life, or the life of another, then it is an affirmative defense for the use of deadly force. . .regardless of the “family” name.

63 posted on 01/16/2011 5:50:07 AM PST by Hulka
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To: wendy1946
You have not dealt with drunks much, especially those that don't “know” what they are doing. They can kill/rape/maime or assault with ease. They do not feel pain, they do not hesitate, they act on their base emotions.

You wish to give some unknown, erratic guy that came into your home uninvited and won't leave the benefit of the doubt, place yourself at risk, and your family, have at it. Your call. I disagree.

64 posted on 01/16/2011 5:54:18 AM PST by Hulka
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To: kcvl

Cured. . .unless he is now a zombie.


65 posted on 01/16/2011 5:57:05 AM PST by Hulka
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To: muawiyah

Unlocked. Not open.

In either case, it doesn’t not matter one bit.

The guy entered the home and would not leave.

In your mind, an unlocked door = permission to enter. . . ?


66 posted on 01/16/2011 6:00:30 AM PST by Hulka
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To: Hulka
Invitation to an accident ~ plus, let's say you live in bear country, you could very well get eaten.

Frankly, in a state where such entry has the death penalty, an unlocked door should be equally punished. That way those accidents will just disappear eh!

67 posted on 01/16/2011 6:10:05 AM PST by muawiyah
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To: Hulka

It may be an “affirmative defense” in a court of law, but what if it’s just ol’Guido, the neighbor down the street who runs numbers for the mob in the local tire factory ~ now you shoot him there’s no “affirmative defense” ~ and you, and maybe your entire family, just burn up in a fire or something.


68 posted on 01/16/2011 6:13:07 AM PST by muawiyah
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To: muawiyah

Now you are just being silly.

Otherwise, living in fear like you obviously do, is not a way to live.


69 posted on 01/16/2011 6:20:01 AM PST by Hulka
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To: Hulka

What? The Mob doesn’t exist?


70 posted on 01/16/2011 6:35:57 AM PST by muawiyah
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To: paul51
someone over twice the legal limit is not borderline

They keep lowering the limit. When I got my first driver's license in NY State in 1963, the limit was 0.15%.

I really have no idea what my the relationship between my blood levels and ability to function normally is (I've only been stopped once and that was six hours after I had one beer with lunch.) but I seriously doubt that I wouldn't be able to pass some reasonable performance test at this 0.18% if the descriptions of what it might take to get to that level are accurate.

ML/NJ

71 posted on 01/16/2011 6:54:15 AM PST by ml/nj
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To: paul51

May be impaired as to ability to drive, but not knowing you are in the wrong house? Just because the legal limit is at .08 does not mean that .16 (twice the legal limit) is twice as hammered. The legal limit used to be .15 for a while, and a person at .14 was therefore legally considered to be able to drive a car.


72 posted on 01/16/2011 7:21:38 AM PST by runninglips (Don't support the Republican party, work to "fundamentally change" it...conservative would be nice)
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To: seton89; All

Of course, if this was in a Southern state....this case would be thrown out

The perp was DRUNK...severely drunk. D’Amico had every right to defend himself....heck he even told the guy to leave first.

Someone breaks into my residence...they are not asked to leave. If they are quick enough, they may avoid taking a few rounds.

This lawsuit shows we have too many Criminal Rights laws. Homeowners should have every right to defend themselves...without the threat of being criminal prosecuted or sued in Court.

Park broke into the house, while intoxicated, and posed a threat to D’Amico and his family. Park is the criminal


73 posted on 01/16/2011 7:38:49 AM PST by UCFRoadWarrior (Whenever something is "Global"...it means its bad for America)
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To: CAluvdubya
Uninvited? So, your mother stops by to see the kids.

Sorry ~ you are just too generalized in your personal rules. The point of the law is to allow you to defend yourself, not to lash out and kill those who offend you with their presence.

74 posted on 01/16/2011 7:39:13 AM PST by muawiyah
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To: Graybeard58
This is a civil suit, not criminal. Don't they have dumb ass civil suit lawyers in Texas too?

In Texas, we have long had laws allowing home owners to use deadly force for self defense in their homes and around their homes at night. Recently the TX legislature passed a "stand your ground" law that gives even more legal protection to those using lethal force to defend their lives and property. This law gives immunity to civil law suits in cases where a person legitimately uses lethal force in self defense.

75 posted on 01/16/2011 7:42:40 AM PST by Paleo Conservative
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To: muawiyah
muawiyah said: "I would presume you would make sure you locked your doors so a passing bear ..."

I have a neighbor who learned the hard way that he should draw the drapes so that passing bears cannot see the refrigerator. The bears have learned that they often contain food.

My neighbor had his doors locked and the lock suffered no damage. The bear completely destroyed the door into his screened porch and the door into his home and made a mess of the place. The door lock was unharmed.

Security at my place consists of armed residents and vigilant neighbors. I almost literally live in a glass house and the glass doors would yield to a rock in seconds. I don't wish to change things so that I live in a cage.

76 posted on 01/16/2011 8:24:03 AM PST by William Tell
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To: William Tell
Great bear story. There are many videos on the net showing bears opening doors. People in New Jersey, New England, Virginia, Pennsylvania, Maryland and West Virginia face bears just as smart as those who romp around Anchorage AK ~ but thank goodness they are smaller.

When I first moved to my present home I planted early onions and they were doing great when a LARGE BEAR came along and scooped them out in one big swipe and ate all of them. We had a bear the next year too but the Fish and Game folks said he was a different one ~ but he knew where to go.

I've never understood these guys who think it's meaningful to leave your doors unlocked. At least slow the bears down a minute or two, and keep the Fish and Game number close at hand!

77 posted on 01/16/2011 8:45:51 AM PST by muawiyah
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To: muawiyah

Unlocked, not open...


78 posted on 01/16/2011 10:44:18 AM PST by ltc8k6
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To: muawiyah

I’m talking about a stranger that I can see as was the case in this shooting.


79 posted on 01/16/2011 1:38:23 PM PST by peeps36 (America is being destroyed by filthy traitors in the political establishment)
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To: kcvl
.

What a beautiful couple ...

Let's not be too hard on the surviving-spouse ... she's just going through the "denial stage" as part of the grieving process ...

She's been given lousy legal advice by a publicity-whore attorney ...

with extra "brilliance" from her (deceased) husband's public school-teacher colleagues ... whom most will agree ... are pitifully short on common sense ...

This couple appeared to be VERY much in love ... and that's a BEAUTIFUL gift from The Lord ...

What this (deceased) husband did was NO different than killing himself by (drunk) driving into an 18-wheeler or oak tree ...

We should pray for her and their family ... that she receieves the Peace of Christ ...


.
80 posted on 01/16/2011 7:20:03 PM PST by Patton@Bastogne
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