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Boy, 13, killed while stealing from car in St. Louis may test state's castle doctrine
STL Today (Post Dispatch) ^ | December 01, 2015 | Joel Currier, Jeremy Kohler

Posted on 12/02/2015 7:46:00 AM PST by Da Bilge Troll

ST. LOUIS • Ernest Williams, 14, says he, his cousin and their friend were wrong to sneak out on their bikes at night, hop a backyard fence and rummage through someone’s car for pocket change.

The car’s owner interrupted the boys and shot at them about 12:45 a.m. Sunday, killing Ernest’s 13-year-old cousin, Martinez Smith-Payne.

Ernest wishes they had gone home instead of riding down that North Point neighborhood alley. “I was just thinking while in the jail cell, what was up in that car was not worth Martinez’s life,” Ernest said on his front porch Monday, standing next to his mother. “We all were responsible for going in that car. All three of us made that choice.”

Their friend ran off, but Ernest called 911 and stayed with Martinez until police arrived. Ernest was taken into juvenile custody for several hours.

The shooting could test Missouri’s laws regarding a homeowner’s right to protect himself.

Prosecutors said Monday they are reviewing the case, though authorities released only a broad outline of the facts: a 60-year-old man shot Martinez after catching him and two other boys searching his unlocked car in the 5900 block of Riverview Boulevard.

Martinez, who lived in the 5200 block of Davison Avenue, died at a hospital. Police arrested the man who shot him Sunday, but the man was released after prosecutors did not charge him. The man could not be reached for comment Monday.

A spokeswoman said St. Louis Circuit Attorney Jennifer Joyce’s office would not make anyone available to answer questions Monday because the case was under review. A prepared statement from Joyce called the case “a terrible tragedy,” adding that “Missouri law regarding a homeowner’s right to protect himself and his property is complicated.”

(Excerpt) Read more at stltoday.com ...


TOPICS: Constitution/Conservatism; Crime/Corruption; Extended News; News/Current Events
KEYWORDS: castledoctrine; property
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To: DungeonMaster

I am pleased to see none the boys are blaming the shooter. There maybe hope yet.


21 posted on 12/02/2015 8:12:11 AM PST by bjorn14 (Woe to those who call good evil and evil good. Isaiah 5:20)
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To: Rurudyne

The quote in my post #18 is a mess. What is up with FR in formatting apostrophes copied and pasted from articles? Even the original excerpt in the opening post is jacked up.


22 posted on 12/02/2015 8:12:32 AM PST by Right Brother
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To: Da Bilge Troll

3 kids going bump in the night, trespassing & stealing people’s hard earned property.

Liberals would agree with you that he should be charged.

When folks can’t even defend their own property, there’s not much left to defend.


23 posted on 12/02/2015 8:15:06 AM PST by Roman_War_Criminal
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To: Vigilanteman

All those jobs are now done by illegals. I made it a point to try to hire the high schoolers in my neighborhood who were willing to work. One parent really thanked me for helping her son learn the value and satisfaction of hard work.


24 posted on 12/02/2015 8:15:06 AM PST by Oldexpat
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To: Dilbert San Diego

What’s a “newspaper”?


25 posted on 12/02/2015 8:15:14 AM PST by Arthur McGowan
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To: Da Bilge Troll

Got it. Your driveway and your car are NOT part of your home?

These three idiots KNEW the risks, took them anyway, and one got shot and died. Breaking into a car, ostensibly containing the remote for the garage door, is part of the castle doctrine.

Three kids 14 years old vs 60 year old man. Fear is imputed and no defense lawyer worth his/her salt is going to kick that hornets nest.

It’s incredible how powerful the press is in getting otherwise clear-thinking people to toss their 1st, 2nd, and 4th amendment protections because a teenager was involved.


26 posted on 12/02/2015 8:15:24 AM PST by RinaseaofDs
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To: Right Brother

Exactly. In the darkness of 1 AM, how did he know their age or if they were armed

...

Some of these 13 to 15 year olds are as big as adults, too.


27 posted on 12/02/2015 8:15:54 AM PST by Moonman62 (The US has become a government with a country, rather than a country with a government.)
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To: circlecity
"How did you come to that conclusion?"

I am the proverbial "reasonable person".

28 posted on 12/02/2015 8:17:09 AM PST by Da Bilge Troll (Defeatism is not a winning strategy!)
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To: Da Bilge Troll

If there are no consequences for one’s actions, why not engage in them? The car was not theirs. The alleged change was not theirs. The property the vehicle was on was not theirs. If they can take what ever they want whenever they want the supposed owner is little more than a slave (Did I just describe our federal government?).

I had a similar situation years ago. The officer asked if anything in that car was worth someone’s life. I suggested that the perp should have considered that before hand. I asked if I could take what I want from his squad car without consequence. Of course I couldn’t. If anyone can take what they want from me than I am merely a slave, a state that is forbidden by our constitution and one we supposedly fought and died over. So, yes, if I am being enslaved by someone’s actions, thievery, I may respond as the North responded to the South, assuming you believe the war was over that issue.


29 posted on 12/02/2015 8:17:45 AM PST by rey
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To: Da Bilge Troll

Charge the surviving thieves with murder.


30 posted on 12/02/2015 8:17:55 AM PST by SWAMPSNIPER (The Second Amendment, a Matter of Fact, Not A Matter of Opinion)
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To: Right Brother
...being a single, black parent.

There's a large part of the problem. 1) She's single. 2) She thinks of herself as "a black parent." That's why she ended up with a "black teen." I.e., a criminal.

31 posted on 12/02/2015 8:18:47 AM PST by Arthur McGowan
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To: Da Bilge Troll
My personal opinion is that he should be charged. He was not in fear of his life or anyone else's life.

Absolutely, it was only stealing and unlawful entry, everyone should have to accept that small inconvenience to save these underprivileged youth.

We should wait until they beat and kill a few defenseless taxpayers before we consider protecting the producers in our society, then we can use counseling and diversion programs to get them back home as soon as possible.

32 posted on 12/02/2015 8:20:36 AM PST by Navy Patriot (America, a Rule of Mob nation)
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To: Da Bilge Troll

An unlocked car; perfect BAIT for criminals. But shooting over a baited hunting ground is usually illegal, isn’t it?


33 posted on 12/02/2015 8:21:17 AM PST by JimRed (Excise the cancer before it kills us; feed & water the Tree of Liberty! TERM LIMITS NOW & FOREVER!)
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To: Da Bilge Troll

If it had been daylight, I’d probably agree with you. I might agree with you anyway. But darkness complicates things.


34 posted on 12/02/2015 8:23:58 AM PST by DannyTN
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To: Da Bilge Troll

The castle law states that one has the right to protect themselves and their property. That’s why the law is controversial. Once upon a time, (a couple or so decades ago) it was considered a no-brainer, understood concept. Thieves could be shot dead for stealing chickens.


35 posted on 12/02/2015 8:24:21 AM PST by Aleya2Fairlie
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To: Da Bilge Troll

My personal opinion is that he should be charged. He was not in fear of his life or anyone else’s life.
*******************************************************************************
Can you publish your name and home address. That way, PEACEFUL & “NON-THREATENING” HOME INVADERS WILL KNOW THEY CAN COME AND PARTAKE OF ALL YOUR POSSESSIONS.


36 posted on 12/02/2015 8:24:35 AM PST by House Atreides (Cruz or lose! Do TG & Boogieman have to be asses every day?)
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To: Jack Hammer

I wonder what the kids dads have to say....oh!


37 posted on 12/02/2015 8:24:53 AM PST by JEDI4S (I don't mean to cause trouble...it just happens naturally through the Force!)
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To: Vigilanteman

When I was a kid, we not only had options for paper routes, but field work on nearby farms, selling stuff door to door, sweeping up, mowing lawns, raking leaves, shoveling snow, etc.
Are NONE of those options available anymore?
__________________________________________________________

They are far and few between, actually. Paper routes? Haven’t seen a kid with a paper route in 30 years. They are all adults. Mowing? Snow? Leaves? All I see are lawn services. Maybe a neighbor kid or two once in a while but again, adults have primarily taken over this once kid-dominated industry.

Farm work? You might find kids on very small family farms earning a bit extra when it comes to tobacco or berries but machinery has replaced human labor in most cases. Big farms go for full-time illegal Mexican help if human labor is needed.

Retail/businesses? Too many laws restricting kids in most cases.

Sadly, what you and I once did to earn a little money as kids and learn about life are now left to adults, machines or illegals. Fast food joints still hire high school kids over 16 and that’s about it.

I am sure there are a great many exceptions to what I have posted but the trend is clear and unmistakable. This ain’t Norman Rockwell’s America anymore.


38 posted on 12/02/2015 8:25:01 AM PST by FerociousRabbit
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To: Dilbert San Diego
I bought my first rifle with paper route profits. I was 11.

I started delivering at 5AM, school started at 8AM.

Saving $24.95 for that Remington 510 took a lot of cold dark mornings on my bike.

39 posted on 12/02/2015 8:26:33 AM PST by SWAMPSNIPER (The Second Amendment, a Matter of Fact, Not A Matter of Opinion)
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To: Da Bilge Troll

My dad proved right again. Nothing good happens after midnight.


40 posted on 12/02/2015 8:33:21 AM PST by ealgeone
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