Posted on 01/10/2013 4:28:16 PM PST by Ben Mugged
Police have released audio from a 911 call made during a home invasion in Georgia, in which a concerned husband tells his wife to shoot a lawless intruder. The mom was home alone with her twin 9-year-old children when the man broke into their home with a crowbar.
The mother, later identified as Melinda Herman, shot the man five times with a .38 caliber revolver after he cornered them in an attic crawlspace,
(Excerpt) Read more at theblaze.com ...
Agreed. Almost everyone, even clueless liberals, has seen a movie or show where the hero is in a gunfight and he pulls the trigger and instead of 'bang' gets 'click.' One of the worst feelings in the world.
And further, cops overall shoot around 30% hits in deadly force encounters. This gal bested that significantly with 83% hits. Huge kudos to her! And second on the medals and badges.
Unfortunately, it is in a language not understood by the left - the language of logic and reason.
True. The left is too busy pushing "free" condoms, birth control pills and cell phones to condern themselves with logic and reason. Guns...those are for their enforcers on the non compliant. Ain't liberal utopia grand?
You don’t get it.
I completely applaud his actions and his wife’s actions EXCEPT where he describes the perp as “pleading” during shooting. That’s just DUMB.
Read every pro-gun blog on the internet. They’ll all tell you not to say ANYTHING to law enforcement that could be damaging. Look at the Bernard Goetz case. While NYers roundly approved of Goetz, the prosecution used the fact that one perp was sitting as a way of attacking Goetz. Here’s an enlightening link:
http://law2.umkc.edu/faculty/projects/ftrials/goetz/goetzaccount.html
Look at the Trayvon Martin shooting - a clear case of self-defense in all of *our* books. The state’s attorneys and the media have made hay out of every little detail.
I can *guarantee* you that this perp will be contacted by a lawyer to pursue a civil case against this family because the wife kept shooting WHILE he was “pleading.” Whether or not he pursues that case or he wins it is IRRELEVANT. The husband made a critical error. He made a public statement with which someone can make hay.
So you’re wrong. Bear in mind that I fully support shooting the perp. Multiple times. But never, never, ever say something so stupid to law enforcement or on a 911 tape regardless of where you live.
You seem to forget that Eric Holder is the Attorney General. Whether or not this family lives in GA is irrelevant. If Holder wanted to bring some sort of federal hate crime charge, you KNOW he would.
The bottom line is that it’s not about whether or not charges get filed in this case, it’s about making a habit of SAYING NOTHING when involved in anything involving firearms. Too many hoplophobes out there.
And, yes, I have absolute confidence in my ability to keep my trap shut in that situation.
Is there any information on what condition the perp is in?
Fifty miles from Atlanta and still not safe.
hospital not commenting.
was not certain, then expected to be ok, then not certain again.
I agree...one should say nothing to the law....ever. The vast majority of people convicted of crimes tell on themselves. Hell..watch “The First 48” on A and E. So called gangster thugs are flipped like switches from “thug” to crying ass snivelin bitch boys...in minutes
And I apologize for my post. I was sick and tired of hearing the armchair quarterbacking all over the net.
But the point remains...how is he gonna get charged with anything? He was one his way home when she shot the perp...and he was on the phone with 911.
Let the perp sue. Ain’t no jury in Georgia gonna give him jack. Nada.
Oh wait...he has no standing in Georgia.
Snip...
Defense of habitation; (here habitation means dwelling, motor vehicle, or place of business) A person is justified in the use of force which is intended or likely to cause death or great bodily harm only if:
A person is breaking\has broken into your home in a violent and tumultuous manner, and you think that the intruder is going to assault you or someone else living there.
A person who is not a member of the family or household and who unlawfully and forcibly enters the residence and you know it is an unlawful entry.
The person using such force reasonably believes that the entry is made or attempted for the purpose of committing a felony therein and that such force is necessary to prevent the commission of the felony.
(16-3-23)
Defense of property other than habitation; Lethal force cannot be used to protect real property unless the person using such force reasonably believes that it is necessary to prevent the commission of a forcible felony.(16-3-24)
(Stand Your Ground/Shoot First/License To Murder - went into effect July 1st, 2006) If you have determined you need to use lethal force (as stated in one of the underlined “Defense” sections immediately above) you do not have to try to retreat before using that force. If your defense is valid, you are immune from criminal prosecution (unless it is illegal to carry that weapon where you used it) and civil liability actions.(16-3-23.1, 16-3-24.2, 51-11-9)
The shooting was legal and valid....therefore NO civil liability is in play.
O.C.G.A. § 51-11-9
Immunity from civil liability for threat or use of force in defense of habitation
A person who is justified in threatening or using force against another under the provisions of Code Section 16-3-21, relating to the use of force in defense of self or others, Code Section 16-3-23, relating to the use of force in defense of a habitation, or Code Section 16-3-24, relating to the use of force in defense of property other than a habitation, has no duty to retreat from the use of such force and shall not be held liable to the person against whom the use of force was justified or to any person acting as an accomplice or assistant to such person in any civil action brought as a result of the threat or use of such force.
HISTORY: Code 1981, § 51-11-9, enacted by Ga. L. 1986, p. 515, § 1; Ga. L. 2006, p. 477, § 3/SB 396.
It’s nice to know that GA has a sensible law in this matter.
Also, it’s not the husband that I worried about getting charged - it’s the *wife*. But hopefully the law in GA will prevent that.
At the University of CT, I was attacked by a drunk guy with a baseball bat. I fought back (with my fists). There were plenty of witnesses that the attack was unprovoked. I was still charged. The judge called ME dangerous. Why? Because - despite being at the end of a dead-end hallway - he felt that I could have had the opportunity to flee instead of fighting back.
There’s an example of insane laws. If this shooting took place in CT, the wife would already be hanging from a tree in the town square.
Yeah...and if your situation had happened in Georgia...you would’ve went to jail.
It’s either use deadly force...or none at all...as the law says basically if you aren’t willing to use deadly force...then the situation doesn’t meet “In fear for your life” criteria.
Another crazy law here in GA...LE are shooting dogs left and right. If a dog is harming livestock, they can be killed and nothing will be done. Pet dogs get loose and are shot on deer hunting property on sight...and nothing can or is done.
However...a decorated marine recon sniper scout was cornered in his garage by a pit bull having several recorded violent incidents...along with several recorded instances of being loose with obvious “Not give a shit” by it’s owners. The marine coulda killed the pit barehanded...but he got to his 1911 and humanely blew it’s brains out(All over his ZR1 vette btw). He was convicted by a jury of felony cruelty to animals and only missed jail time because of a ton of money.
Laws respecting gun ownership and self defense are huge influences on keeping me here versus your gorgeous state or upstate NY.(I did a job in Bristol not long ago.)
I live in Cobb county...Borders the county Atlanta is in at the Chattahoochee river. We had a epic, biblical, 1,000 year flood in 2009. The “Hooch” was flowing 4 feet over the Interstate 20 bridge at Six Flags...which is normally 25 feet or so below the bridge level.
Several of our American Legion members lived in a nice subdivision which was being scoped by professional looting crews. We in turn set up a visible armed presence at the entrance to the subdivision,covered by armed positions not visible. This upset some of the residents who then called Cobb county pd. Several units responded. After a nice talk...in which we were thanked for taking action that would free up much needed manpower...we were told to dispose of looters in the raging 20+ knot floodwater.
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