Posted on 09/13/2006 10:03:11 AM PDT by kiriath_jearim
MONROE -- A burglary suspect is dead after the homeowner opened fire. It happened Monday morning in Waxhaw.
Now, the district attorney is working to figure out if the homeowner was protecting his family or if he was protecting his property.
How the DAs office answers that question will determine if the shooting was a legal case of self-defense.
Union County deputies arrived at the home on Locklyn Road around 12:30 a.m. Monday. John David Mobley, 38, had been shot. Paramedics tried to save his life, but were unable.
Its not worth a life, said Mobleys Aunt Mary Wheeler. Its like you see a dog and you dont want him on your land and you shoot him.
She and other family members are questioning why Mobley was killed.
Deputies said Mobley was breaking into some cars that were owned by homeowner Lonny Kirkley. Police said Kirkley grabbed a gun and went outside to investigate.
At some point Mr. Mobley exited the truck, the homeowner fired one time, striking the subject," said Ben Bailey of the Union County Sheriffs Department. The suspect ran, fled the scene and was found about 40 yards away.
Mobley had just been released from prison a few months ago. He had been arrested for drugs, drug paraphernalia and resisting an officer.
Friends of Mobley said he was no stranger to trouble, but he did often help the elderly with raking leaves and cleaning up around their yards.
While his family recognizes Mobleys past, they think the homeowner should be prosecuted. Wheeler wants the homeowner to be charged.
Im 74-years-old and I want justice, Wheeler said.
The Kirkley family was not available for comment, but deputies said they were completely cooperative in their investigation.
The DA is waiting on the medical examiner's report to see if Mobley was shot in the back while running away.
That determination is a key piece of evidence because the law does not consider a suspect who
Well, this guy wasn't in her house. However that wouldn't matter in Texas. She was using potentially deadly force to stop a robbery or aggravated robbery. That's justification enough.
From the the Texas Penal Code
§ 9.42. DEADLY FORCE TO PROTECT PROPERTY.
A person is justified in using deadly force against another to protect land or tangible, movable property:
(1) if he would be justified in using force against the other under Section 9.41; and
(2) when and to the degree he reasonably believes the deadly force is immediately necessary: (A) to prevent the other's imminent commission of arson, burglary, robbery, aggravated robbery, theft during the nighttime, or criminal mischief during the nighttime; or
(B) to prevent the other who is fleeing immediately after committing burglary, robbery, aggravated robbery, or theft during the nighttime from escaping with the property; and
(3) he reasonably believes that:
(A) the land or property cannot be protected or recovered by any other means; or
(B) the use of force other than deadly force to protect or recover the land or property would expose the actor or another to a substantial risk of death or serious bodily injury.
The article doesn't say anything about about where the departed was shot. It says:"At some point Mr. Mobley exited the truck, the homeowner fired one time, striking the subject," said Ben Bailey of the Union County Sheriffs Department. The suspect ran, fled the scene and was found about 40 yards away. "
It's a matter of state law, and varies greatly from state to state.
Illinois and Wisconsin. Even Wisconsin is moving in the right direction, but they needed two more votes in the lower house to override the governor's veto of a carry law. In January, the Wisconsin Senate voted 23-10 to override Gov. Jim Doyles (D) veto of RTC, but the Assembly fell two votes short, voting to override by 64-34.
There are 40 RTC states: 36 have shall issue laws, which require that carry permits be issued to applicants who meet uniform standards established by the state legislature. Alabama, Connecticut and Iowa have fairly-administered discretionary-issue carry permit systems. Alaska and Vermont respect the right to carry without a permit. (Alaska adopted a no-permit-required law in 2003, but has a shall-issue provision for purposes of permit-reciprocity with other states.) Of the 10 non-RTC states, eight have restrictively-administered discretionary-issue systems; two prohibit carrying altogether.
Oops, HE. But that shouldn't matter either. OTOH, it would be better for him at trial, if there is a trial, if HE were a SHE.
No, we will just dump Doyle. Then there should be no problem getting concealed carry through.
Your map's bigger than the one in #124.
Texas will issue to other states residents, Illinois included.
I travel a lot and tried to get one when I was in Texas for 6 weeks last year. Texas' permit is recognized by a lot of other states.
I didn't think to bring my birth certificate with me and it's one of the many pieces of id that's required to get a Texas id., which is required before getting a carry permit.
And it was created by a Freeper.
I'm glad you are so affluent that losing a vehicle will have minimal effect on your life. Make your choices accordingly
For other people, losing a vehicle is a significant impact. Being in an environment where vehicles are stolen frequently can be crippling to one's quality of life
While you're at it, tell the next woman you meet that being raped is not worth killing to prevent, since she'll only be inconvenienced for a few minutes
Sounds like a plan, but a good Plan B, or backup, would be to get rid of several of the members of the Assembly who voted against the override. Maybe 1 or 2 in the Senate as well. Belt and suspenders sort of thing.
I shoot dogs I don't want on my land....so what's the problem here?
I think the real question lies in the hands of the person with the weapon.
No, I'm not that affluent, but losing my vehicle will have less of an impact on my life, than dying would have on the thiefs life.
I fail to see the similarity between auto theft/vandalism and rape. Please explain.
Would "justice" be served if she got her share of the loot?
"If I reasonabley have cause to think you are stealing of vandalising my property under TX law You are fair game."
Then I have to disagree with Texas law. As you know, Virginia isn't afraid to execute a murderer, but we don't kill people for stealing something.
To quote an esteemed and honored TX Judge by the name of Roy Bean, "We will have a fair and honest trial followed by a right nice hanging."
GMTA........
"Neither my Ford nor my Toyota are worth killing over."
Maybe not, but then again, I spent time working that I could have spent with my kids getting the money to buy that stuff. Anyone who is taking it is taking stuff from my kids. And making me work all over again to replace it, if I can. They are stealing my life, in other words...
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