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This is an update to a posted story here: http://www.freerepublic.com/focus/f-news/3367176/posts

An attorney I saw interviewed about this story said that Missouri's Castle Doctrine Law applies to "anything with a roof" on your property. Therefore he was not charged for the shooting itself.

1 posted on 12/22/2015 8:53:13 AM PST by Da Bilge Troll
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To: Da Bilge Troll

So, presume that if his car was a convertible, with the top down, castle does not apply.


2 posted on 12/22/2015 8:55:31 AM PST by C210N (When people fear government there is tyranny; when government fears people there is libertye)
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To: Da Bilge Troll

“If (McDade) would have come out and said, ‘Get out of here!,’ my son would have ran.”

If you knew him so well, you might have tried telling him it’s not right to rifle through other people’s belongings.

In which case, he wouldn’t have had to ‘ran.’


3 posted on 12/22/2015 8:56:13 AM PST by Jack Hammer
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To: Da Bilge Troll

“... shoot instead of coming out and scaring them or yelling at them... “

Yeah so they can steal more and graduate to home invasion/rape/murder.


4 posted on 12/22/2015 8:56:54 AM PST by Resolute Conservative
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To: Da Bilge Troll

Frances Smith-Woods

“why did he just shoot instead of coming out and scaring them or yelling at them?”

Yes, you are such a good mother. I’m sure that would have worked out really well! How about raising a son who stays out of trouble!


5 posted on 12/22/2015 8:57:43 AM PST by kcvl
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To: Da Bilge Troll

Mother: Frances Smith-Woods

Son: Martinez Smith-Payne


6 posted on 12/22/2015 8:58:45 AM PST by kcvl
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To: Da Bilge Troll

He also was sentenced in 2013 in St. Louis County Circuit Court to five years on probation on a felony charge of being more than 12 months in arrears on child support.

...

That shouldn’t prevent you from owning a firearm.


7 posted on 12/22/2015 8:58:59 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: Da Bilge Troll

“The shot was fired from a distance of more than 70 feet away, police sources said. “ Good shot with a .380.


8 posted on 12/22/2015 8:59:02 AM PST by Purdue77 ("...shall not be infringed.")
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To: Da Bilge Troll
"I just know that it still will not bring back Martinez," she said. "But I would really want to ask him why did he just shoot instead of coming out and scaring them or yelling at them? I know my son. If (McDade) would have come out and said, 'Get out of here!,' my son would have ran.

 

Or.

 

Perhaps your son would have pulled HIS piece and shot the homeonwer dead on the spot.

9 posted on 12/22/2015 9:00:18 AM PST by Responsibility2nd (With Great Freedom comes Great Responsibility)
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To: Da Bilge Troll
"If (McDade) would have come out and said, 'Get out of here!,' my son would have ran."

Yeah. THAT day.

10 posted on 12/22/2015 9:00:36 AM PST by Oberon (John 12:5-6)
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To: Da Bilge Troll
He also was sentenced in 2013 in St. Louis County Circuit Court to five years on probation on a felony charge of being more than 12 months in arrears on child support.

Just ponder that a moment.

13 posted on 12/22/2015 9:07:05 AM PST by MileHi (Liberalism is an ideology of parasites, hypocrites, grievance mongers, victims, and control freaks.)
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To: Da Bilge Troll

so apparently we are allowed to protect ourselves, BUT we WILL be charged with SOMETHING and made a criminal in the process


14 posted on 12/22/2015 9:08:48 AM PST by Bob434
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To: Da Bilge Troll
"I know my son. If (McDade) would have come out and said, 'Get out of here!,' my son would have ran."

How would total stranger he was robbing know that?
15 posted on 12/22/2015 9:09:25 AM PST by Telepathic Intruder (The only thing the Left has learned from the failures of socialism is not to call it that)
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To: Da Bilge Troll

Martinez Smith-Payne - 13 yrs - He Lost 4 Fingers While Playing With Fireworks When He Was 10

Frances Smith-Woods - 'mother'

16 posted on 12/22/2015 9:09:28 AM PST by kcvl
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To: Da Bilge Troll

She knew her son ... and he was a thief in his heart and that didn’t bother her as much as society not accepting her twisted son and just warning him whenever he exercised the nature she recognized in him. Sorry, mame, you were raising a criminal to prey upon others.


17 posted on 12/22/2015 9:14:45 AM PST by MHGinTN (Is it really all relative, Mister Einstein?)
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To: Da Bilge Troll

“...but for being a felon in possession of a gun.”

If you’re too dangerous to have a gun, you’re too dangerous to be out of prison. If you’ve served your time, you should be allowed to defend yourself.


18 posted on 12/22/2015 9:23:31 AM PST by demshateGod (The fool hath said in his heart, There is no God)
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To: Da Bilge Troll
While I was in law school in the late 80's there was a documentary released on PBS Frontline that covered jury deliberations from a criminal trial in Milwaukee. There was a standing offer from a UW Law Professor to any Judge/Jury/Prosecutor/ Defense, that if all parties agreed, video would be recorded of the jury in deliberation. It took years to find a set of participants willing to agree, but when it did happen, the subject matter of the trial was a charge of a felon in possession of a gun.

The defendant was a fellow stopped on the street by the police. When they asked him to turn out his pockets, a receipt from a gun store fell out. By that time they had run a background screen and it was clear that he was a convicted felon. They asked him where the gun was, and he told the police it was at his home. The police told him to go home, get the gun and bring it to the local precinct house. He did that and was arrested on the spot and charged with being a felon in possession of a firearm.

The jury deliberations were edited down slightly to fit into a 1 hour documentary. It was a slam dunk case, in which the jury ended up returning an acquittal - a perfect example of jury nullification. The defendant was a very poorly educated man of manifestly low IQ. The jury was sympathetic to him, and simply ignored the evidence and the law and acquitted him.

34 posted on 12/22/2015 10:33:08 AM PST by Wally_Kalbacken
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To: Da Bilge Troll

Disgusting.


38 posted on 12/22/2015 11:07:22 AM PST by TBP (Obama lies, Granny dies.)
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To: Da Bilge Troll

Moral of story: never live in St Louis


40 posted on 12/22/2015 3:05:45 PM PST by doldrumsforgop
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To: Da Bilge Troll

“Therefore he was not charged for the shooting itself.”.........

Those darn felonies keep getting in the way of getting off scot free. Just have to figure a way to get around those.


41 posted on 12/22/2015 3:44:28 PM PST by DaveA37
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To: Da Bilge Troll

Felon can’t own guns.
Felon shoots kid.
Kid dies.
Felon goes back to jail.

Pretty simple


45 posted on 12/23/2015 2:37:04 PM PST by stuck_in_new_orleans
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