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Homeowner could faces charges in shooting
WCNC-TV (North Carolina) ^ | 9/12/06 | Glenn Counts

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 DA’s 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.

“It’s not worth a life,” said Mobley’s Aunt Mary Wheeler. “It’s like you see a dog and you don’t 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 Sheriff’s 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 Mobley’s past, they think the homeowner should be prosecuted. Wheeler wants the homeowner to be charged.

“I’m 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


TOPICS: Constitution/Conservatism; Crime/Corruption; Government; US: North Carolina
KEYWORDS: banglist; ncarmedcitizen
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To: Hydroshock
Come to TX, here if they are in your house nothing is said unless your weapon is crew serve or belt fed.

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.

121 posted on 09/13/2006 4:26:49 PM PDT by El Gato
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To: swain_forkbeard
If the homeowner shot the departed in the back,

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 Sheriff’s Department. “The suspect ran, fled the scene and was found about 40 yards away.” "

122 posted on 09/13/2006 4:27:47 PM PDT by El Gato
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To: Gone GF
Basically, unless the perp was armed or was physically threatening the shooter in some way, this guy is going to be charged with a crime. If the perp had been in his house that would have been another matter.

It's a matter of state law, and varies greatly from state to state.

123 posted on 09/13/2006 4:30:45 PM PDT by El Gato
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To: Graybeard58
Make that one of only *two* states.

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 Doyle’s (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.

124 posted on 09/13/2006 4:50:43 PM PDT by El Gato
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To: El Gato
Doesn't sound like she used a handgun.

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.

125 posted on 09/13/2006 4:54:35 PM PDT by El Gato
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To: El Gato

No, we will just dump Doyle. Then there should be no problem getting concealed carry through.


126 posted on 09/13/2006 5:51:40 PM PDT by Thunder90
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To: Graybeard58
Two states, not four.
127 posted on 09/13/2006 6:13:46 PM PDT by Shooter 2.5 (Vote a Straight Republican Ballot. Rid the country of dems. NRA)
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To: Shooter 2.5

Your map's bigger than the one in #124.


128 posted on 09/13/2006 6:19:07 PM PDT by Graybeard58 (Remember and pray for SSgt. Matt Maupin - MIA/POW- Iraq since 04/09/04)
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To: Shooter 2.5; El Gato

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.


129 posted on 09/13/2006 6:24:14 PM PDT by Graybeard58 (Remember and pray for SSgt. Matt Maupin - MIA/POW- Iraq since 04/09/04)
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To: Graybeard58

And it was created by a Freeper.


130 posted on 09/13/2006 6:33:15 PM PDT by Shooter 2.5 (Vote a Straight Republican Ballot. Rid the country of dems. NRA)
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To: stuartcr
Neither my Ford nor my Toyota are worth killing over.

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

131 posted on 09/13/2006 6:47:15 PM PDT by SauronOfMordor (A planned society is most appealing to those with the arrogance to think they will be the planners)
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To: Thunder90
No, we will just dump Doyle.

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.

132 posted on 09/13/2006 9:51:54 PM PDT by El Gato
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To: kiriath_jearim

I shoot dogs I don't want on my land....so what's the problem here?


133 posted on 09/13/2006 9:53:27 PM PDT by 308MBR (islam; so easy a caveman could do it)
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To: El Gato

I think the real question lies in the hands of the person with the weapon.


134 posted on 09/14/2006 5:47:54 AM PDT by stuartcr (Everything happens as God wants it to.....otherwise, things would be different.)
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To: SauronOfMordor

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.


135 posted on 09/14/2006 5:54:46 AM PDT by stuartcr (Everything happens as God wants it to.....otherwise, things would be different.)
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To: kiriath_jearim
I’m 74-years-old and I want justice

Would "justice" be served if she got her share of the loot?

136 posted on 09/14/2006 6:02:09 AM PDT by FreePaul
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To: Hydroshock

"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.


137 posted on 09/14/2006 7:50:48 AM PDT by Gone GF
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To: Gone GF

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."


138 posted on 09/14/2006 7:53:42 AM PDT by Hydroshock ( (Proverbs 22:7). The rich ruleth over the poor, and the borrower is servant to the lender.)
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To: RJL

GMTA........


139 posted on 09/14/2006 9:58:10 AM PDT by Osage Orange (The old/liberal/socialist media is the most ruthless and destructive enemy of this country.)
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To: stuartcr

"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...


140 posted on 09/16/2006 6:38:36 PM PDT by Old Student (We have a name for the people who think indiscriminate killing is fine. They're called "The Bad Guys)
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